Chemicals found in car

[uhoh]

What is the name of your state?What is the name of your state? Missouri



I am posting on here for a friend whose daughter was recently arrested and charged with a class C felony. I will try to give as many details as possible.

Saturday the daughter and her boyfriend went to the store and purchased some cold tablets, alcohol, coffee filters, peroxide, and some heat at Wal-Mart. On this same day they purchased some Iodine at MFA. I guess that they require ID to purchase some of these things and when they ran her ID and she had a warrant for her arrest in another county on a bad check. So they questioned them both, her being the driver, boyfriend being the passenger. They took her to the police department, and let him go, but since he didn't have a driver's liscense he had to be picked up by her mom. At the jail, they questioned her about the chemicals in the car. At first I guess she denied any knowledge of what they were for, but as the night went on I guess this police officer talked her into confessing that she knew what it was purchased for and that she purchased it. She is telling her mom that she was told by the officer what to write on the statement. So she was charged with a class C felony RSMo:195.420. She has been in jail since saturday night on a 20,000 bond for the felony charge and a 750 cash bond of the check out of the other county. With Monday being a holiday she couldn't get to see her public defender, which she didn't apply for until Sunday afternoon, until today. He told her, according to her, that she would not get any jail time for this, that he was going to file for a new judge, and that the most she could get is 7 years probation.

So here are my questions:

1. Is it true that is the most she could get?
2. Was the way they got her confession illegal?
3. Can they still bring charges against the boyfriend, just for being in the car?
4. Was just having those chemicals in the vehicle enough to charge her or did she give them that when she signed the confession.




I just wanted to add here, that I DO NOT believe this girl, I think she has her mother fooled into thinking she is a victim of this and that it was being purchased for someone else. The questions I am asking are those that we have been arguing about for the last 3 days. Her mother is in serious denial and the daughter, boyfriend, and daughters dad are all in on this and we all know it but can't make the mother see that. The dad and the boyfriend are just sitting back letting her take the wrap for all of it instead of claiming their part in it.

 

[gawm]

Is it true that is the most she can get?

*A* No

Was the way they got her confession legal?

*A* If they read her her Miranda rights first then yes.

Can they still bring charges against the boyfriend, just for being in the car?

*A* Possible, but if he didn't admit to knowing what the stuff was for, then it is unlikely. They probably would of done it already if they were able to.

Was just having those chemicals in the vehicle enough to charge her or did she give them that when she singed the confession

*A* She signed her fate (excuse the pun) On something like that they have to prove intent. Just having those chemicals would not be enough. If her lawyer is able to suppress the confession then there is a good chance she could beat this.

 

[uhoh]

Thanks for your answers. I know several of the officers in this dept and I would say they have done everything by the book. I got the impression from one of them that they thought she was covering for her boyfriend but since I really don't know much I can't be of that much help.

I KNEW she could get more than probation..I found something that said she could get 7-10 years, although its unlikely she would serve a full sentence if given that, she's never been in trouble before any of this.

He didn't admit to nothing, but I know they are suspicious of him. I don't think she would help them get him though...she is young, in love, and stupid. Besides he is on probation (a real winner here) and she knows he would be thrown back in prison.

She has a public defender and I think he has said he will try to get the confession thrown out, but I don't know how lucky he will be with that. This is a very small town and there is a HUGE meth problem and our sheriff's department is working very hard to control it. I can almost see the judge being more strict with her to set an example...they've always been so lenient in the past.


Anyway, thanks for the info.

 

[Some Random Guy]

On something like that they have to prove intent. Just having those chemicals would not be enough. If her lawyer is able to suppress the confession then there is a good chance she could beat this.

Geez, having ALL of the ingredients for a meth lab, all purchased the same day and you think they will have any trouble proving intent?

First thing to know about meth users - they are accomplished liars. Don't trust them, don't give them money.

 

[gawm]

Geez, having ALL of the ingredients for a meth lab, all purchased the same day and you think they will have any trouble proving intent?

Uh... yeah! Why did they not arrest the boyfriend too? Why go through all the trouble to get a singed confession? I bet you have ALL the ingredients for a pipe bomb in you garage right now. Does that mean they can arrest you for it and the intent is obvious?

 

[smutlydog]

Thanks for your answers. I know several of the officers in this dept and I would say they have done everything by the book. I got the impression from one of them that they thought she was covering for her boyfriend but since I really don't know much I can't be of that much help.

I KNEW she could get more than probation..I found something that said she could get 7-10 years, although its unlikely she would serve a full sentence if given that, she's never been in trouble before any of this.

He didn't admit to nothing, but I know they are suspicious of him. I don't think she would help them get him though...she is young, in love, and stupid. Besides he is on probation (a real winner here) and she knows he would be thrown back in prison.

She has a public defender and I think he has said he will try to get the confession thrown out, but I don't know how lucky he will be with that. This is a very small town and there is a HUGE meth problem and our sheriff's department is working very hard to control it. I can almost see the judge being more strict with her to set an example...they've always been so lenient in the past.


Anyway, thanks for the info.

I would say she has a shot at probation. Lets hope that the terms of her probation include professional help with her drug problem.

I think it's in her best interest to loose at the motion to suppress hearing. Consider this a blessing. On down the road if she get caught anywhere near a meth lab she will be gone for a very long time.

 

[Some Random Guy]

I bet you have ALL the ingredients for a pipe bomb in you garage right now. Does that mean they can arrest you for it and the intent is obvious?

If I am a person known to make pipe bombs and I buy all of the ingredients for them in the same day and keep them in the same place in the garage, and I have active warrants for my arrest, then I would expect a long night of questioning followed by some charges.

Assuming for the sake of this argument there are laws relating to 'precursors to an explosive device'...

 

[uhoh]

Got another question about this case.

Ok, girl went to court today and her PD requested a change of judge. Granted. Scheduled next court date for Jan 30. Anybody have any idea what the next step is? I mean what the "norm" is for this hearing?


Another question is that I was talking to someone in the courthouse today and they were saying that she would probably be taken an offer of a deal, say 5 years probation, and that she should probably in turn request 3 years instead. That she should request it to be worded as such...suspended execution of sentence, rather than suspended inposition of sentence. They said that if it was worded this way that even if she is convicted of this FELONY as long as she serves her probation without incident her record would be clean. Does anybody have any idea what this is all about? I have never heard of such a thing and I always thought that once you were a convicted felon you remained one for the rest of your life.


Thanks for any help.

 

[uhoh]

Got another question about this case.

Ok, girl went to court today and her PD requested a change of judge. Granted. Scheduled next court date for Jan 30. Anybody have any idea what the next step is? I mean what the "norm" is for this hearing?


Another question is that I was talking to someone in the courthouse today and they were saying that she would probably be taken an offer of a deal, say 5 years probation, and that she should probably in turn request 3 years instead. That she should request it to be worded as such...suspended execution of sentence, rather than suspended inposition of sentence. They said that if it was worded this way that even if she is convicted of this FELONY as long as she serves her probation without incident her record would be clean. Does anybody have any idea what this is all about? I have never heard of such a thing and I always thought that once you were a convicted felon you remained one for the rest of your life.


Thanks for any help.

Anybody?