Legal Question in Criminal Law in Missouri

possession of weapon

My son was recently on his school bus when someone handed him something to hand to a child across the isle. IT ended up being a can of mace. He is now being charged with ''possession of a weapon'' because he touched the can. How can I argue that this is ludacris?


Asked on 9/28/08, 3:56 am

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

Re: possession of weapon

Are you saying that your son is being taken into juvenile court because of this incident? You do not mention how old your son is, or exactly how he is "being charged". Are you also saying that your son did not know that what he was handing to someone else was a can of mace? If so, and if you are dealing with juvenile court, then the first step in the juvenile court process is for the court to determine whether or not to take jurisdiction. Your son is entitled to a hearing at this stage of the proceedings as well as at later stages. An attorney may be able to assist in providing sufficent evidence upon which the court would determine at the earliest possible opporunity that you son did nothing to bring him within the jurisdiction of the court. I would strongly advise hiring an attorney. If you do not already have an attorney I would be happy to offer you a free telephone consultation.

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Answered on 9/28/08, 10:27 pm


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