Legal Question in Criminal Law in Missouri

Criminal Infraction

My fiance recently was charged with a class C felony of possesion of cocaine. The thing is, he had been serched and asked to leave the premisis before the drugs were even brought up, and he wasn't even at the sceen when the Drugs were handed over to the cops. The problem is, the person who handed the cocaine over to the cops and another person had told the cops that they were his drugs to avoid the conflict and or the charges. all they have is statements, he didnt pocess the drugs on his person at any time, but yet because two people had written a statement on him saying that it was his, when he wasnt even there, he has these charges. Is it legal to incriminate and charge someone with the drugs when they had been serched for them not an half an hour before they were handed over, and he was clean. And can they charge him with those drugs when it was someone else who hid them and knew exactly where they were hidden, handed them straight over to the cops, and then they weren't even charged with anything because they ''sinched'' on someone else? Will this hold up in court, even with them being witnesses saying that the drugs are his?


Asked on 5/11/07, 12:51 pm

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

Re: Criminal Infraction

This is not an "infraction". This is a FELONY. THE PERSON CHARGED WITH POSSESSION OF COCAIN, NO MATTER HOW MUCH COCAINE IS INVOLVED, IS FACING A PRISON SENTENCE OF UP TO SEVEN YEARS.

It is imperative that the person facing these charges hires the very best criminal defense attorney he or she can afford. It is possible that the attorney will be able to sucessfully defend this charge based upon the facts you have related.

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Answered on 5/18/07, 11:56 pm


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