Defending Individuals Accused of Drug Crimes
Missouri law creates many different crimes related to the possession, distribution, and manufacturing of illegal drugs and drug paraphernalia. Even the most simple case can quickly become complicated by multiple charges. When a person is convicted of multiple charges, a judge often has the option of ordering their sentences to be served consecutively. This means that each individual sentence must be served separately, and the years in prison add up quickly. You do not have to face these serious charges on your own. Contact our experienced Missouri drug crimes lawyer today to schedule your free case evaluation.
Here are some of the most common drug charges filed in Missouri criminal courts:
Possession
It is a crime in Missouri to possess either illegal drugs or illegal drug paraphernalia. Possession of a controlled substance is a Class D felony. The possession of between ten and thirty-five grams of marijuana is a Class A misdemeanor, and possessing less than ten grams of marijuana is a Class A misdemeanor.
The unlawful possession of drug paraphernalia includes the possession of any paraphernalia that can be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, or inhale a controlled substance into the human body. The statute is written broadly to cover imitation substances, as well as devices that can introduce a controlled substance into the body any other way. The default is to charge paraphernalia possession as a Class D misdemeanor. If the defendant has any qualifying prior convictions, this can be “aggravated” to a Class A misdemeanor. Possession of paraphernalia can even be charged as a Class E felony when it is related to amphetamine, methamphetamine, or any of their analogs.
Distribution
Distribution or delivery of drugs is treated more harshly than the possession of drugs for personal use. This is why the “delivery and distribution” statute covers possession of drugs with the intent to distribute or deliver them, as well. Distribution and delivery are charged as Class C felonies as a default rule. The charges can be aggravated to a Class B felony if the defendant delivers controlled substances to a minor under the age of seventeen who is at least two years younger than them. A Class B felony can also be charged if the defendant knowingly allows a minor to purchase or transport controlled substances that were obtained illegally.
Manufacturing
The manufacture of a controlled substance can be charged when a defendant knowingly manufactures, produces, or grows a controlled substance. The offense also encompasses attempts of these actions or possession of the controlled substance with the intent to manufacture, produce or grow. Manufacturing charges can range from a Class E felony to a Class A felony, depending on the amount and type of drug that is at issue. The charges can also be aggravated when the actions are committed within two thousand feet of any school (even a university).
Creating a danger is a separate felony that can be charged along with felony charges for the manufacture, production, or growing of a controlled substance. This statute makes it a Class C felony to use any device or weapon to protect the production of the controlled substance. Such charges are common in cases involving drug deals that turn violent, but they are also charged in many “drug bust” cases as well. This Class C felony can add an extra three to ten years to any prison sentence arising from related drug charges.
Trafficking
Missouri law defines drug trafficking as knowingly distributing, delivering, manufacturing, or producing drugs. The law also prohibits attempts to distribute, deliver, manufacture or produce these drugs. Trafficking can be charged in the first degree or second degree, depending on the type and amount of drugs that are involved. Trafficking can be charged as a Class A felony at the highest specified amounts or a Class B or Class C felony at lower set amounts. A case can also be aggravated from a Class C to a Class B if the defendant has prior qualifying convictions. While this one level may not seem like much, it is the difference between a sentencing range from three to ten years and five to fifteen years.
Defenses To Drug Charges
The mere act of filing drug charges does not guarantee that a prosecutor will get a conviction. Defendants have the right to hire their own drug defense lawyers to protect their constitutional rights in court. Some common defenses include:
- Drugs that were found as the result of an illegal search
- Drugs that were seized without a warrant (or lawful exception to the warrant requirement)
- The use of unreliable field testing kits
- An officer’s inadequate training in drug recognition and related issues
- Entrapment by police officers
- The prosecutor cannot prove that you had knowledge of the drugs or that the drugs actually belonged to you
- The drugs were found in the common area of a house or apartment complex
- The drugs were found in a vehicle with multiple passengers
- Lab irregularities that prevent the prosecutor from proving the type of substance or amount that is at issue
- The police cannot account for the drugs in a proper chain of custody
These are just a few of many potential defenses that can work to reduce your charges – or in some cases, get charges dismissed altogether. It is critical that you consult with a drug defense lawyer about the specific facts of your unique case to determine the best legal strategy for defending you.
Call Us Today to Schedule a Consultation with a Criminal Defense Lawyer in Lincoln County
A defendant’s constitutional rights are in jeopardy as soon as they come under investigation for drug offenses. For this reason, it is critical that you hire an experienced criminal defense lawyer as soon as you learn of a law enforcement investigation or criminal charges. Attorney Chris Lozano is an experienced Missouri criminal defense lawyer who handles all types of drug offenses. Our office serves clients in St. Charles, Warren, Lincoln, St. Louis, Ralls, Marion, and Pike Counties.
Don’t wait to get an aggressive defense lawyer on your side – call today to schedule a free case evaluation.