Legal Question in Criminal Law in Missouri

Tickets for possession

My 20 year old son got tickets for possession of 2 grams of marijuana & paraphenalia almost a year ago in Missouri. He paid a lawyer $1500 but charges were never filed so he has asked for his money back. He is being told that he cannot get his money back because they have up to 3 years to file the charges. His friend got a dwi at the same time and his charges were filed right away. Can they really wait that long to file the charges? He is on 2 years probation for dwi that will be ending in August and he has discussed this with his probation officer who keeps checking for charges. Will this prolong his probation?


Asked on 4/23/07, 3:58 pm

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Tickets for possession

Yes, it's true the state does have three years to bring these charges. But, that doesn't mean that the attorney can keep the money! If you or whoever paid the attorney demands a refund in writing, then the attorey should comply. The attorney might be able to dideduct and keep a very small amount of money to compensate him or her for any time and effort acutually expended, but no more. If I were the client I would insist upon a refund right away! Then, if the charges are actually filed, hire someone else! The possibility of new charges will not prolong the initial period of probation, but once the new charges are filed the probation may be suspended pending proceedings to revoke. Good luck.

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Answered on 4/23/07, 7:37 pm


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