Possession of a controlled substance except 35 grams or less

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Latest post 08-20-2007 10:39 PM by RickInNoCal. 5 replies.
  • 08-20-2007 4:07 PM

    Question [=?] Possession of a controlled substance except 35 grams or less

    I was wondering what this means exactly. My friend was stopped and this is the charge that he was given. Possession of a controlled substance except 35 grams or less of marijuana. He was also given a ticket for parafanelia. Which has not come up in court yet. They held a arraignment and found probable cause to issue a warrant which I found on the missouri courts web site and told him about. He went in and turned hisself in and posted bond. Went to a public defender today and they tell him that since he posted the 1,000 cash bond that he dont qualify for a public defender. What is he looking at? Should an attorney be sought? thanks for you time.
  • 08-20-2007 7:09 PM In reply to

    re: Possession of a controlled substance except 35 grams or less

    It means your friend was in possession of an illegal drug that was not marijuana. What potential sentence he is facing only a MO attorney can advise him and none are currently on these boards. An educated guess is this charge is a felony carrying the potential of a stint in prison. Your friend needs an attorney yesterday.
  • 08-20-2007 7:45 PM In reply to

    re: Possession of a controlled substance except 35 grams or less

    WOW! So, if they are saying that then where is the other ticket for the marijuana pipe he had? Will that be another case? Will they have to show the product in court that they found on him? He had a pipe and enough marijuana for one "bowl" as he states it
  • 08-20-2007 8:14 PM In reply to

    re: Possession of a controlled substance except 35 grams or less

    They can charge the paraphenalia possession with the possession charge. If all he had was a bowlful of MJ then the charge wouldn't be listed as l"except 35 grams or less of MJ." *Except* means it's not included and "or less" would mean a bowlful would fall within that statute but for the "except." He needs an attorney.
  • 08-20-2007 10:13 PM In reply to

    Question [=?] re: Possession of a controlled substance except 35 grams or less

    I have given him the chance to come and read your post and he tells me that he also had "a line" of meth. When he was taken in he signed a paper stating where the meth came from so that he would not be charged with meth. Could the EXCEPT be them going back on their word? after him sigining the paper.
  • 08-20-2007 10:39 PM In reply to

    Yes, exactly.

    "he tells me that he also had "a line" of meth. When he was taken in he signed a paper stating where the meth came from so that he would not be charged with meth. Could the EXCEPT be them going back on their word? after him sigining the paper."

    Yes, that's exactly what it is.

    Thinks like "Tell us where the meth came from and we won't charge you with possession of it" is just the sort of thing that cops say to suspects to get them to incriminate themselves.

    The cops offer not to charge him with the possesion is meaningless. Cops don't decide who to charge with what, the DA does. Cops are allowed to lie to suspects, it's a standard part of any interogation.

    Richard
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