Legal Question in Criminal Law in Missouri

False Accusations

I handed over to the police no more than 2.2 grams of marijuana and now i'm being prosecuted for possesion of 35 grams. How can they do this????


Asked on 6/21/05, 1:35 pm

2 Answers from Attorneys

Michael Rosenblat Michael C. Rosenblat., P.C.

Re: False Accusations

Your attorney should get a copy of the laboratory report which will have the weight of the drugs. Your attorney will need to investigate this allegation on your behalf.

Mike Rosenblat, 847-657-0006

www.Criminal-Defense1.com

Read more
Answered on 6/21/05, 1:42 pm
Michael R. Nack Michael R. Nack, Attorney at Law

Re: False Accusations

In the first place, I wold like to know under what circumstances you decided that it would be a good idea to turn any marijuana over to the police. In most cases this would be a mistake. To get back to your question, it may be as simple as the fact that you have been charged with a misdemeanor, which under Missouri law is possession of marijuana "under 35 grams". In Missouri, 35 grams and above would result in you being charged with a felony. As the other attorney who answered your question properly stated, your defense counsel has the right to discovery and will see what the evidence against you amounts to. If you have been improperly charged, the prosecutor may simply amend the charge against you or may dismiss it and refile it correctly. In some rare situations, it may be possible to defend against the improper charge and provide proof that you possessed the lesser amount. Unfortunately, even if you are charged with the felony, you can be convicted on any "lesser included offense", which would be the misdemeanor I mentioned earlier. If you are not already represented by a competent Missouri defense attorney, you may call me for a free telephone consultation at 314-727-2822. If you can not afford a private attorney then the Court may appoint the public defender to represent you, but only after you have completed a questionnaire which is used to determine whether or not you qualify for the public defender.

Read more
Answered on 6/21/05, 7:46 pm


Related Questions & Answers

More Criminal Law questions and answers in Missouri