Drug Possession Lawyer in Columbia, MO

Missouri has some of the strictest laws when it comes to drug possession, imposing hefty fines and lengthy prison sentences for convicted defendants. Missouri drug law illegalizes the possession of a controlled substance without a valid prescription or authorization. The State draws a strong distinction between different drug possession charges, with the penalties depending on the severity of the offense.

If you have recently been charged with drug possession, you probably feel overwhelmed. While you may feel uneasy about what to expect, understanding your rights requires that you have competent counsel in your corner. At Landon Miller Law, our Columbia, MO, drug possession attorney is adamant about defending the rights of the accused. Our attorney will work ruthlessly to defend your rights and preserve your good name.

Types of Drug Possession Charges in Missouri

Missouri recognizes three distinct types of drug possession charges, which are as follows:

Simple Possession

Simple possession is defined as knowingly possessing a controlled substance. This charge applies whether you have actual possession or constructive possession of the drugs. Actual possession means that the drug is on your person or otherwise in your physical possession (whether it be in your vehicle, house, office, etc.). Conversely, constructive possession signifies that you have knowledge of where the drugs are located, with you maintaining control over them.

In Missouri, simple possession penalties will depend on the type of substance and quantity in your possession. Under state law, possession of a controlled substance other than marijuana or any synthetic cannabinoid is a class D felony.

Possession with Intent to Distribute

Having a large quantity of a substance in your possession can result in an intent to distribute charge. That’s because large amounts of a certain drug tend to make the authorities suspect that you are planning on selling or distributing it to others. Even though recreational use of marijuana has been legalized within the State, possessing a certain amount can likewise trigger an intent to distribute charge. For example, if you are found with 35 grams or more of cannabis in your possession, you could be convicted of a class C felony.

Possession of Drug Paraphernalia

Even if no drugs are retrieved, possessing bongs, roach clips, pipes, syringes, or glass blades may indicate that you have been using illicit substances. Possession of drug paraphernalia is a class D misdemeanor in Missouri. However, if you have any prior charges for a drug-related offense in Missouri or another state, then the charge will be enhanced to a class A misdemeanor.

Sample Legal Defenses

Drug possession charges are among the most serious, making it essential that you hire a drug possession attorney who focuses their practice on defending drug crimes. The type of defense available to you will depend on the details of your situation. For example, in order for evidence to be admitted in drug cases, there must be an unbroken chain of custody. The prosecution must establish the chain of custody, showing who possessed the item during certain times and how it was transferred to other recipients. Any mishandling of evidence, a missing link, or improper documentation will prompt us to file a motion to exclude that evidence at trial.

In other cases, we may take issue with the methods used by law enforcement in collecting evidence. Police officers are not allowed to search your home or any place that you have a reasonable expectation of privacy without a warrant or your consent. The warrant must specify the place to be searched for and the items of interest in the investigation.

In some situations, the police may claim that an extenuating circumstance applied, negating the need for a search warrant. At Landon Miller Law, our Columbia drug possession attorney will take a deep dive into your case to discern if your rights have been violated at any step of the way.

A Columbia, MO, Drug Possession Attorney Advocating for You

Drug possession allegations should be taken seriously. With the prosecution working adamantly to establish your guilt, you should have someone working just as hard in your corner. When you hire our Columbia, MO, drug possession lawyer at Landon Miller Law, that is exactly what you get. By hiring our firm, you are retaining a legal advocate who will work tirelessly to negotiate with the prosecution, all while crafting a strong defense. To learn more about our services, we can be reached online or by calling (573) 658-1919 today.