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What is the name of your state? Missouri

Here's the whole story:

On Dec 28, 2002 I was pulled over for speeding. I, and two of my buddies, were searched. My buddies got possession and paraphernalia charges, I got a speeding ticket and a paraphernalia charge. We were not arrested, and were able to drive home. We were all college kids, and still are. I am now clean, am an RA, NCAA tennis player, 3.9 GPA.

My buddies got a different lawyer (who was actually worse than mine) and had their charges reduced to litering. I had my speeding ticket dropped, and got a 1 year suspended imposition of sentence with 6 hrs community service for the paraphernalia. I have done the 6 hrs community service, and the 1 yr suspended sentence is up on March 26, 2004 (I have not touched weed since that night, and will never again). The maximum sentence for a class A misdeameanor in Missouri is 1 yr jail and/or $1000 fine. I was tried in a municipal court (which on their website states that the judge can only sentence a max of 90 days jail or $500 fine).

I have two questions:

1.) If after I serve my 1 yr suspended sentence, satisfying the court and have my record sealed, could the court or prosecuting attorney ever retry the case at any time in the future (since I was never convcted, or even tried, can they simply recharge me?)

2.) What would reasonably happen if I broke the terms of the suspension, with say, a lesser crime such as a minor speeding ticket? (the court said no trouble of any kind)


Senior Member
If you pled guilty or no contest, you were convicted and retrying you would be double jeopardy. If you were given some kind of drug diversion, trying you after you completed the conditions of diversion would also violate double jeopardy. If you violate any of the terms of probation or diversion, the court could impose the jail sentence, but not just for a traffic infraction.



How likely is it that a municipal judge would sentence someone jail time for a misdeameanor paraphernalia charge?

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