A Criminal Defense Attorney in Lincoln & Ralls County Representing People Accused of Drug Trafficking
Drug trafficking is a charge that carries especially severe sentences. While possession of drugs for personal use is illegal, the law takes an even harsher approach to the distribution of drugs to others. An experienced Missouri drug trafficking attorney can defend your case and ensure that your constitutional rights are protected throughout any criminal investigation and court proceedings. Learn more about the different classifications and penalties for drug trafficking charges in Missouri – and what a defense lawyer can do to prevent you from being wrongfully convicted.
What Is Drug Trafficking?
Drug trafficking refers to cases in which a defendant is getting drugs to other people. Because these cases involve the spread of drugs throughout the community, they are considered more severe than cases in which a defendant has drugs for their own personal use. Missouri law divides the offense of drug trafficking into first and second-degree offenses:
First-Degree Drug Trafficking
First-degree drug trafficking refers to a case in which a defendant knowingly does any of the following with a prohibited controlled substance:
- distributes
- delivers
- manufactures
- produces, or
- attempts to distribute, deliver, manufacture or produce.
The statute lists specific amounts of the following drugs that qualify for first-degree trafficking charges:
- Heroin
- Cocaine (including coco leaves and cocaine base)
- LSC
- PCP
- Marijuana
- Central nervous system stimulants (amphetamines, methamphetamine, salts, etc.)
- Fentanyl and carfentanil
Other chemical compounds can also qualify for first-degree drug trafficking charges. Depending on the amount of drugs in question, first-degree drug trafficking can be charged as either a Class A or Class B felony.
Second Degree Drug Trafficking
The second-degree drug trafficking statute uses slightly different language to cover the actions that constitute drug trafficking. For this class of charge, the defendant must knowingly:
- possess drugs (or have them under their control)
- purchase or attempt to purchase drugs, or
- bring drugs into the state.
The same drugs and chemical compounds apply to send degree charges. The amounts, however, are lowered, and this is why second-degree charges can carry shorter sentences than first-degree charges. Second-degree drug trafficking is, by default, charged as a Class C felony. This can be aggravated to a Class B felony when there are larger amounts of the drug, or the defendant has a prior qualifying conviction. When a case involves very high amounts of a controlled substance, second-degree drug trafficking can even be charged as a Class A felony.
The Potential Penalties For Drug Trafficking
A Class A felony in Missouri can result in a sentence of ten to thirty years in prison (or even a life sentence, in certain circumstances). Class C felonies can yield a sentence of two to seven years in prison. These guidelines mean that there is a huge range of possible prison sentences that apply to drug trafficking charges. This range also means that defendants facing drug trafficking charges need an experienced drug defense lawyer to fight for lower sentences. Police and prosecutors are extremely aggressive in drug trafficking cases. Whenever they believe that drugs are being spread throughout the community, they fight for the longest possible sentence on as many charges as they can get. An experienced Missouri defense attorney can work to mitigate a prison sentence within this range to one that is appropriate to the actual circumstances. A defense lawyer can also protect your constitutional rights to prevent a wrongful conviction in the first place.
What Prosecutors Must Prove To Get a Drug Trafficking Conviction
At trial, it is a prosecutor’s job to establish each and every element of a crime beyond a reasonable doubt. This means that the prosecutor must convince a jury that:
- the alleged drugs have been tested and proven to be a controlled substance
- there was enough of the controlled substance to qualify for trafficking charges
- the drugs belonged to the defendant
- the defendant took the prohibited action with respect to the drugs
- the defendant knew there were drugs involved in this action
As you can see, there are many opportunities for a defense attorney to attack the prosecution’s case on any one of these points. For example: if the drugs were found in a vehicle with several passengers or in the communal area of a shared house, it could be difficult to prove that it was the defendant who actually controlled them. The defense might challenge collection procedures, lab testing procedures, or the chain of custody in order to dispute that the prosecution actually has the drug they claim to have.
Defense attorneys can also attack a case based on violations of the defendant’s constitutional rights. If, for example, the drugs were found after a search without a warrant, the prosecution must prove that the police had a valid exception to the warrant requirement. Without a warrant or warrant exception, the defense can ask the court to keep the drugs out of evidence because they were found as the result of a violation of the defendant’s Fourth Amendment rights. A prosecutor who cannot admit drugs into evidence is not likely to get a conviction for drug trafficking. This example is just one type of evidence that can be suppressed due to constitutional violations. A defense lawyer can also suppress confessions that were coerced, given without Miranda Warnings, or made after the defendant specifically invoked their right to counsel.
Schedule a Consultation with a St. Charles Criminal Defense Attorney Today
You don’t have to face drug charges on your own. Police and prosecutors work hard to prosecute drug charges as aggressively as possible. You have the right to hire your own lawyer to defend you against these charges and to protect you from violations of your constitutional rights. Attorney Chris Lozano is an experienced defense lawyer who has handled all types of drug charges. Our team serves St. Charles, Warren, Lincoln, St. Louis, Ralls, Marion and Pike Counties. If you have been accused of any type of drug offense anywhere in Missouri, call our office to see if our team is the right fit for your case. Don’t wait to get an aggressive lawyer on your side. Call today to schedule a free case evaluation.