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  1. #1
    Join Date
    Apr 2012
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    1

    Default Marijuana Possession on Probation

    My question involves criminal law for the state of: Missouri.

    My boyfriend has two previous DWIs and is currently on a "zero tolerance" probation.

    Recently, his roommate was driving him home from work in his truck (because his license is revoked) when they were pulled over and the cop found a very small bag of weed in his truck that actually belonged to me from a few weeks ago. He hasn't even smoked in years because of his job, and I had never even tried it until a few weeks ago. We were just careless and forgot it was in his truck and as a result, he received a ticket for possession.

    I'm terrified he's going to go to jail because of me. His probation is up in August. Is there any chance he has of reducing the charge and/or avoiding jailtime? Or is there anyway that I can come forward and say that it was mine? (I've never even had a parking ticket before so they could be easier on me?)

    His idea was to plead guilty and ask for a discovery hearing, but he mentioned that it could still be risky.

    Any information on this would be very helfpul.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Marijuana Possession on Probation

    You can talk to his criminal defense lawyer about your idea, keeping in mind that you can end up both being convicted of possession even if you were the one who bought the drugs. If he knew they were in his truck, he's every bit as guilty of possession as you even if you were the only one smoking - and I doubt that the prosecutor is going to believe you were stashing drugs in his vehicle without his knowledge or awareness. (You even admit he knew - "We were just careless....")

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