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Legal-Guru
Legal-Guru, Criminal Justice Lawyer
Category: Criminal Law
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Experience:  Experienced Criminal Trial Attorney since 1998.
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My ex son-in-law just got busted for meth possession. Dont

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My ex son-in-law just got busted for meth possession. Don't believe it was enough for 'selling'. He was passed out in his vehicle on the side of the road with a meth pipe, some dope, and paraphanalia. At 3 a.m.

He is already a felon for having multiple DWI's. What would normally happen here - this is in Missouri - specificlaly Cole county. I want to know where the hell my grandkids were if he was passed out at 3 a.m.!

Wouldn't this be an endangerment to my grandchildren. HE has them because he is the sperm donor. Long story...Very bitter one. Entire family are druggies, alcoholics or abusers.

But just wondering what kind of penalty he SHOULD get (in Missouri - there are a lot of corrupt officials and officers - first hand experience there - and I've never had a conviction or even an arrest).
Submitted: 8 months ago.
Category: Criminal Law
Expert:  Legal-Guru replied 8 months ago.
Welcome to JustAnswer. I need to ask you a couple of questions before I can give an educated guess as to what might happen to your ex son-in-law.

(1) Do you know exactly what he was charged with from this incident?

(2) Was he still on probation from his previous DWI's or any other crimes? If so, do you know the length of his probation?

(3) What were his punishments on his prior DWI's (i.e., has he ever been to prison or did he get just probation or a mix of jail plus probation)?
Expert:  Legal-Guru replied 8 months ago.
One more ...

(4) Do you know if his car was running or not when the police got there?
Customer: replied 8 months ago.

Here's what the television station put out on their website:


 


Dawson was arrested and charged with two felony counts of possession of a controlled substance and the misdemeanor of unlawful use of drug paraphernalia.



Don't know if the vehicle was running or not - it was 3 am, though.



I think he did like 30 days and the rest on probation - he is a felon, though.



No, he was no longer on probation.

Expert:  Legal-Guru replied 8 months ago.
Ok, thanks for the additional information. I asked about whether the car was running because Missouri is somewhat unique in that the motor must be running to be charged with DWI.

If this were his first offense, he would almost certainly receive probation. Given that he has felony convictions that changes things somewhat but not as much as if his felonies were for violent offenses. His situation is right on the line between a short prison stint and more county jail time plus probation. It could go either way depending on the prosecutor, the judge, and his attorney. Most people think that if you commit a felony, you go to prison, but the reality is that with non-violent offenses you almost have to break into prison.
Customer: replied 8 months ago.

Thanks. I was kind of thinking that. Just thought maybe being a 'felon' would make things worse for him.


 


It's a catch 22 for me. He's a slimeball - whole family is. But my daughter sucks at choosing men and one she chose a couple of years ago hurt my grandson, and they painted her with the same brush. He's still awaiting trial, she wanted to spare my grandson more testifying (he was 5 at the time) so she pled to child endangerment. Just got probation, but it sucks because its a felony. Her only crime was poor choices in men. I told her to become a nun, lol! Forget men.


 


Anyway, I had more contact with my grandkids than the father did, but they (CPS) did not care. I no longer believe they care about the 'best interest'. They gave them to that family and they have gone from one 'mother' to another. I tell them they have one mother. They can have stepmothers, but they only have one mother. And she loves them.


 


Now, about this long story. I have been kissing this jerks you know what for a year now and like my attorney said.....he doesn't want the kids, if I play my cards right I will get them when I want them. She was right. I can pretty much get them when I want (the custody I fought for is ridiculous hours - but it was easy to prove constant interaction with them before the situation, and that it would be a detriment to refuse them).


 


If he goes to jail, I think the custody thing says the mother gets them, but I'm sure his family will fight that tooth and nail. They don't even want her to see them now, and it is none of their business. I'm afraid if he goes to jail they will go back to only honoring the hours on the custody.


 


Yet he deserves to be in jail.


 


Sorry to talk your ear off. I'm just at my wits end. This has been going on since June of 2011!!!! And the ex-boyfriend is not scheduled for trail until September and even that may get changed - it's been rescheduled 7 times now.


 


 

Expert:  Legal-Guru replied 8 months ago.
That is an all too common story. When you have kids with someone you are forever bound to them. Sometimes that is good but too often it's not, and when it's not the kids always seem to get caught in the middle.

I wish I had some Solomonesque advice, but the reality is that these are just tough situations with no easy answers. The ex might go to prison given his priors, but if so, it probably won't be for very long. The prisons are overflowing with people who have committed violent crimes and big time drug dealers. Partly because of that there has been a real push the last 5 years or so to not incarcerate non-violent offenders.

The one thing I can predict is that his sentence will likely include a period of probation. Based on what you have told me the chances of him successfully completing that probation are slim. It is probably not so much a question of "if" he will go to prison as it is "when" he will go to prison.
Legal-Guru, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 1271
Experience: Experienced Criminal Trial Attorney since 1998.
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