Criminal Defense
Drug Crime Defense in Missouri
From possession to distribution and trafficking, a drug charge can carry felony consequences. Many of these cases turn on whether the search that found the evidence was legal.
What you are facing
What determines the charge in a Missouri drug case?
Missouri treats drug offenses along a spectrum. Simple possession of a controlled substance is serious enough on its own, but once the State alleges an intent to sell, or a large quantity, the exposure climbs into distribution and trafficking territory, where felony penalties and even federal charges come into play.
The range of charges
What are the drug charges in Missouri?
Possession
Being found with a controlled substance. The State often relies on a theory of “constructive possession,” arguing the drugs were yours even if they were not on you, which is frequently open to challenge.
Distribution & sale
Selling, or possessing with intent to sell. Quantity, packaging, cash, and messages are often used to infer intent, and each piece of that inference can be contested.
Trafficking
Larger quantities trigger trafficking charges and the harshest penalties, and can draw the interest of federal prosecutors and agencies.
Related charges
Drug cases often come bundled with paraphernalia, weapons, or conspiracy allegations that widen the exposure and need their own defense.
The heart of many drug cases
How do you get a drug case dismissed?
The Fourth Amendment protects you from unreasonable searches. If police found the evidence through an illegal stop, an unlawful search of your car or home, or a warrant that was defective, that evidence may be suppressed, and a case can fall apart without it. We look hard at:
- The stop or the knock. Did the officer have a lawful reason to stop you or come to your door?
- Consent. Was a search truly voluntary, or was consent assumed or pressured?
- The warrant. Was it supported by real probable cause, and did the search stay within its limits?
- The vehicle. Did the search of your car fit within a recognized exception to the warrant requirement?
- The lab. Was the substance properly tested, and is the chain of custody intact?
How we defend a drug case
How do you defend a drug charge?
Move to suppress
Where the search was unlawful, we file to keep the evidence out. A granted suppression motion can end a case.
Challenge possession and intent
We contest whether the drugs were truly yours and whether the State can prove intent to sell rather than personal use.
Pursue alternatives
Where appropriate, we look at treatment-based and diversion options that can protect your record and your future.
Answers
Missouri drug charge questions we hear
How do you get a drug case dismissed in Missouri?
Most often by attacking how the drugs were found. If the stop, the search, or the warrant was unlawful, the evidence can be suppressed, and a case can fall apart without it. Dismissal is never guaranteed, but the search is where these cases are usually won or lost.
Can the police search my car or home without a warrant?
Sometimes, but only within specific exceptions to the warrant requirement. When a search falls outside those rules, the evidence it produced can often be challenged and kept out of your case.
What is the difference between possession and distribution?
Possession is having the substance. Distribution, or possession with intent to distribute, adds the allegation that you meant to sell or deliver it, which the State usually tries to infer from quantity, packaging, and other circumstances. That inference can be contested.
What is the statute of limitations for drug charges in Missouri?
It depends on the offense and whether it is charged as a misdemeanor or a felony, and different limits apply to different classes. If you are worried about how old an allegation is, that is worth asking about directly rather than guessing.
Could my case end up in federal court?
Larger quantities, cases involving several people, and cases crossing state lines can draw federal charges, which carry their own rules and sentencing. We defend drug cases in both state and federal court.
Are treatment or diversion options available?
In some cases, yes. Where it fits the case and the person, we look at treatment-based and diversion options that can protect a record. Whether any of that is available depends on the charge, the history, and the court.
Before you say anything to police, read three things people say that prove a drug case for the State. Already out on bond? Read how people end up back in jail on a Missouri drug charge. Charged with possession? See what a Missouri drug possession charge carries. Facing a larger amount? See Missouri drug trafficking charges. Accused of selling? See drug delivery and school-zone charges.
Where is your case? We defend drug charges in Jefferson City and Cole County, Fulton and Callaway County, and Columbia and Boone County.
Talk to us about your case
The search is often the whole case. Let us look at yours.
If you are charged with or under investigation for a drug offense, reach out. You can reach us by phone or email.
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