Legal Question in Criminal Law in Missouri

My friend is served a warrant for drug trafficking in missouri from 10 years ago. He found this out through hr department at his current job in mn. He calls the prosecotur who tells him he can either serve jail time or pay off 65,000 over 5 years. He did not move fast to get an answer to the prosecutor so a wage garnishment is being taken out if his check. They are taking over half of the money from his weekly paycheck. He states he is ggoing back to Missouri for court and will serve jail time bc he cannot afford to pay 65,000. What are his rights?


Asked on 3/06/15, 7:21 am

1 Answer from Attorneys

Anthony Smith LawSmith

Every person accused of a crime in the United States must be afforded an appropriate opportunity to defend himself from the charges, prior to any action being taken by the state that affects his life, liberty or property. Opportunity to defend does not always mean defense. One can be found guilty by default, without every going to Court. The question will be what occurred ten years ago. Was he properly accused, thereby giving him adequate Notice and an opportunity to defend. You didn't indicate what occurred in your friend's drug trafficking case back then. Perhaps you don't know. He should consult directly with a Missouri licensed criminal defense attorney as soon as is practicable, to see what can be done about the conviction on his record. He might also consult a MN attorney about the appropriateness of the amount being taken from his paychecks. I am not licensed to practice in MN, but over half the check sounds excessive.

Good luck

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Answered on 3/09/15, 2:30 pm


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