Legal Question in Criminal Law in Missouri

my ex-convict (10 yrs ago) boyfriend, was stopped on a traffic violation, the car was searched, he was detained (driving on a suspended license) and "my" prescription medication was found in his car in an unmarked bottle.He was sited for possession of a controlled substance.

I have no problem, with proper medical documentation, taking ownership that the meds were mine. He is overwhelmed with the thought that because of his past, the charge will not be dropped. I am concerned that I will be punished for have the meds in an unmarked container.

should we both be concern and to what extent?


Asked on 8/19/10, 8:43 am

2 Answers from Attorneys

Anthony Smith LawSmith

Obviously, your boyfriend has the potential of insiring more rigorous prosecution and and enhanced sentence dur to his prior conviction. He might be wise to retain counsel to deal with this possession charge, to try and prevent the horribles just mentioned.

Good luck

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Answered on 8/24/10, 9:46 pm
Michael R. Nack Michael R. Nack, Attorney at Law

You say that your boyfriend was stopped for a traffic violation and "sited" for possession.He should definitely hire the very best criminal defense attorney he can afford. It may be that the initial stop was invalid, or that the police did not have probable cause for the search of the vehicle. An attorney might be able to successfully defend the charge against your boyfriend. If not, an attorney may very well be able to negotiate a plea bargain which would minimize the negative consequences for your boyfriend. If he has not already been arrested, formally charged and given bond, an attorney could also help a great deal making this process as easy as possible for you boyfriend. As for you, if you were not in the car, and if no statements were made to the authorities, then you should have nothing to worry about. I have handled a couple of charges involving carrying meds in the wrong container, but they are rare, and from the facts you give us, you were not carrying the meds since you weren't in the car. Please feel free to contact me if you would like to discuss this further or have your boyfriend contact me if he does not already have an attorney.

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Answered on 8/26/10, 9:08 am


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