Hello im in southeast missouri recently the police came into a friend of mines house and found a controlled substance the police left noone ...

Question

Hello im in southeast missouri recently the police came into a friend of mines house and found a controlled substance the police left noone was arressted but a couple weeks later she was charged with class a misdeamenor unlawfull use drug paraphenalia and felony c possesion of controlled substance except 35 grams marijuana my question is if she was charged with a felony and actually 2 misdemeanors 2 weeks later would the police come and arrest her after being officially charged even tho she wasnt arrested when they searched the house

Answer

A short history description. Long ago everyone accused of a crime was taken to jail. Even drivers accused of going four miles over the limit. Some were released, and others had their crime or violation recorded in the Court calendar book. That is where the term "booking" comes from. A person who was booked sat in jail until they went in front of a judge. Some got someone to post a bond (promise to transfer property, usually money, to the Court, if the defendant fails to appear for arraignment or trial. That is very expensive system for any governmental body to undertake, especially cities, towns and villages.

The traffic ticket or Summons was created to simplify and economize the system. They work about the same way as an arrest. Drivers are most often given the ticket before they are allowed to drive away. People observed committing a crime in their house are seen as less of a flight risk because the Police "know where they live." So, in minor drug cases it is common for the ticket, citation or Summons to be mailed to them at that residence. Supposedly, it allows officers and prosecutors time to decide which crimes and violations to charge.

In fact, for white collar type crimes, it is very rare for anyone to be arrested. They or their lawyer get a letter telling them to be in a certain courtroom at a certain date and time.

It sounds like your friend was Summoned to pay a fine or appear before a judge by a certain date, or a Bench Warrant (for her arrest) will be issued. The city or County has only a few months or years to bring criminal or violation charges. As long as they don't exceed that time nothing prevents them from mailing the citation or ticket long after observing the activity.

Her attorney should know what to do. She can contact the Missouri Bar to get referrals to criminal defense attorneys in her area. Since the felony can get her significant incarceration, the Court can appointment a public defender or appoint private counsel for her.

Thank you for being concerned enough about your friend to seek to understand the process better. But, if she did even some of the things they allege, you might want to monitor how close you get or how and where you spend time together. People on the drug radar often get their friends in trouble too. Advise her to consult directly with an attorney as soon as she can.

Good luck