Legal Question in Criminal Law in Missouri

My seventeen year old just got arrested for possession of marijuana. I think about three grams. The three other kids were released to their parents because they were minors. (one of them being my other son.) Both of my children say it was another kid that had it and stuffed it by my sons seat. I immediately bought home tests and tested my children for Marijuana. The test were negative. I took them to a professional lab today and had them retested. This is two days after the fact. I am waiting for results. Both of my children say that their finger prints will not be on the bag of drugs. They are also sure they will be clean. Assuming the results come back clean on my kids how hard will this be to fight. I know it is a misdameaner but I believe what my kids are saying and don't want this following them for the rest of their life.

Asked on 2/04/13, 7:21 pm

2 Answers from Attorneys

Anthony Smith LawSmith

The toughness of defending a possession charge us defined by several things. Among then are; the statements ask the his made during the stop, what the officer(s) observed, and what court the case is in. I suggest that you and your Son consult directly with a criminal defense attorney in your area. Many offer a free or low cost initial consultation. That attorney woo need more information than you can provide here, in order to give thorough advice, specific to the case.

Good luck

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Answered on 2/05/13, 5:04 am

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

Of course it is imperative to avoid any conviction. From the information you provide, there is a good chance that the criminal charge can be defeated either though trial or perhaps earlier. It is also very likely that a conviction can be avoided through the plea bargaining process. The trial would be more expensive and would involve the risk of your son being wrongully convicted, which would require an appeal. I have handled, and gone to trial, on many drug cases over the last thirty-five years. If the case is pending in a jurisdiction where I regularly practice, I may be able to offer my services to you. Please feel free to contact me for a consultation at mo cost to you. I can quote you a reasonable retainer fee at that time.

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Answered on 2/05/13, 6:42 pm

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