Legal Question in Criminal Law in Missouri

Re: class b felony charge for poss w/ intent

Without knowing the specifics of your situation and what was said I cannot give you a definite answer. However, your attorney should have attempted to exclude your statements made when you were arrested due to the intoxication and how it affected your Miranda rights. There is no guarantee that a judge will suppress your statements but without trying how do you know. I would discuss this with your attorney before pleading guilty. Please realize that sometimes a prosecuting attorney will offer a very good deal if no motions to suppress, preliminary hearings had, etc. but will withdraw the offer if you proceed on these things. If that happens you may not get such a good deal later or you may not win at trial. Your attorney may be considering these possibilities. That is why you need to discuss this matter further with your attorney before taking the plea if you truly believe you are not guilty. Your attorney should have already explained to you the requirements for finding you guilty under the statute and what the evidence before a jury will likely be and how a jury could find. Good luck.