Legal Question in Criminal Law in Missouri

Daughter - Possession of Marijuana and Paraphernalia

My daughter is 17 and on probation for being in a vehicle that had beer. She received an MIP and one year probation. I just found out that she has received an Arrest Notification for possession of drug paraphernalia and marijuana. She again was in a vehicle that was pulled over and this was found. It belonged to two others in the car. I called one of the parents and they said that they will not let their son ''take the charge'' so I'm feeling that this will go to all in the car. As my daughter swears she was not connected with the drugs, will the judge consider this and what type of danger is she in given she is on probation and this is serious. Do I need a lawyer?


Asked on 5/25/08, 10:11 am

2 Answers from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Daughter - Possession of Marijuana and Paraphernalia

Yes, you should definitely hire an attorney to represent your daughter. It may be possible to avoid your daughter taking a conviction. It may even be possible to have the charges against her dismissed. Finally, it may be possible to keep this latest incident from causing her earlier probation to be revoked. You did not say where these charges are pending, but if they are in or near the St. Louis area, you may call me for a consultation.

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Answered on 5/29/08, 11:18 pm
James Manning James Manning, PC

Re: Daughter - Possession of Marijuana and Paraphernalia

I would need to know more facts in order to properly evaluate your daughter's situation. It sounds like this may be a "joint possession" case in which your daughter is being charged with possession because she was situated near the drugs. In order to prove this charge, the prosecution will likely rely on the doctrine of constructive possession. Joint possession cases can be pretty difficult to win. So, a good defense attorney may be able to get the charge against your daughter lowered. Again, all of this would depend on the particular set of facts involved. At this point, you should probably talk to a criminal defense attorney to determine what your options are. Please don't hesitate to contact me if you would like to discuss.

- James

Please be advised that no attorney client relationship exists between us unless and until I have agreed to represent you in writing.

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Answered on 5/25/08, 12:01 pm


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