Fel dismissed
Felony possession of cannabis
Sep 2020
Mr. Welch’s client was facing up to 7 years in
prison for felony possession and the prosecutor
was asking for a felony conviction and a trip to
prison for a drug treatment program only if he
first waived his right to a preliminary hearing.
Instead of having his client waive the hearing he
tried to convince the prosecutor that a class D
misdemeanor was ultimately all they would be able
to prove. After thinking it over the prosecutor
released their witnesses; there would be no
preliminary hearing this day as the felony charge
was voluntarily dismissed and refiled as a
misdemeanor and Joe Welch’s client walked out of
court with only a small fine. In Missouri you are
only entitled to a preliminary hearing if you are
accused of a felony and once the charge was
reduced to a misdemeanor that right went away.