Legal Question in Criminal Law in Missouri

Felony arraignment

My son is being arraigned on a felony charge for possession in Mo.

This is not his first offence and he is

currently on probation. Could this result in incarceration. His prior term was cut short.

Asked on 8/30/07, 3:30 pm

2 Answers from Attorneys

Penny Umstattd-Cope The Umstattd-Cope Law Firm, LLC

Re: Felony arraignment

The quick answer is yes. The court out of which your son is on probation could revoke the probation if it finds that your son violated his probation terms. If your son received a suspended execution of sentence (received a sentence but did not have to do the time stated) and he is found to have violated his probation terms, the court could order him to be placed back on probation (usually with stricter terms) or could order him to serve the time he was sentenced to previously. There are other possibilities too like shock time, etc. but you get the drift. If he received a suspended imposition of sentence (no imprisonment sentence was actually ordered), your son could be placed back on probation, could receive a sentence, or both whereby the court could impose an imprisonment sentence and place your son on probation. Your son could also receive an imprisonment sentence for the possession. If so, this sentence could run concurrently with the previous one (means they run at the same time) or concurrently (they run one after the other). Make sure your son has a good criminal lawyer. Good luck to him.

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Answered on 8/30/07, 3:58 pm

Michael R. Nack Michael R. Nack, Attorney at Law

Re: Felony arraignment

The attorney who posted a response previously did an excellent job. There are in fact several different ways in which your son could wind up doing time. It is extremely important that your son have the very best legal representation possible. If your son is facing these charges in the Eastern part of the state, either you or your son can call me for a consultation. No matter what you decide to do, I wish both of you the best of luck.

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Answered on 9/01/07, 1:03 am

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