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Drug Possession

K-9 Units and Drug Charges: What You Need to Know

combschris1 · January 20, 2020 ·

Introduction: I love dogs but do I love dogs who are cops?

We at the Combs Law Group love furry little friends more than the next person. However, when your furry little friend is suddenly being used to search your house or your vehicle for evidence that could put you away in prison for years your love might start to dwindle. The fact is that K-9 units are being used for drug detection more than ever before, and you’ll see them more often than the airport or for large-scale drug busts. Nowadays, K-9 units are an integral part of police work and so you need to be aware of what these K-9 drug detection units can do and what happens if you are searched by one. 

K-9 Units in Missouri 

The first K-9 program in Missouri started in 1988 by the Missouri State Highway Patrol with just four K-9 units. Today, there are ten K-9 teams in the Highway State Patrol. 

Dogs are chosen to be trained for police dog purposes when they show an aptitude for scents, being inquisitive and attentive. Most dogs undergo training for several different skillsets (such as drug and explosive detection), though some specialize in one area. For example, German Shepard dogs may train for multiple skills, while bloodhounds will only be trained for tracking purposes as their breed excels in that area but aren’t as good as more athletic breeds for crowd control and other skillsets. 

Both handler and dog need to undergo specialized training in order to be a part of a K-9 drug detection unit, and dogs can be trained to find specific drugs such as marijuana, cocaine, methamphetamine, and heroin.  

K-9 units are a vital member of the law enforcement team when it comes to drug detection, evidence searches, tracking of criminals and missing people, crowd control, explosive detection, and officer protection. 

What K-9 Units Can Do

K-9 units are often deployed in situations where large volumes of drugs are being trafficked, where someone may hide an explosive device, to search for missing people or offenders who have fled the scene, and as a psychological deterrent in crowd situations. K-9 units may be deployed to schools and mass gatherings when necessary. 

If a K-9 unit is present when you are stopped for a traffic violation they are legally allowed to walk the dog around your vehicle and if the dog gives a signal that drugs are present. If this is the case, the officers have probable cause to search your vehicle without your permission, and you can be legally charged for possessing the drugs inside your vehicle. 

Can police officers make you wait for a K-9 unit to arrive if you are stopped? 

No, the US Supreme Court ruled in 2015 that it was unlawful to hold suspects during a traffic stop. The police can only hold you without charge for a short time, and going even a few minutes over a reasonable timeframe violates your Constitutional rights. 

What should I do if they force me to submit to a K-9 search? 

If they do try to force you to wait for a K-9 unit to search your vehicle ensure you follow all normal requests such as showing them your license and registration. A police officer may only detain for as long as it takes to address the reason for stopping you, so answer his questions if they are reasonable and you want to be cooperative, but remember your Miranda rights (the right to remain silent). They should issue you a warning or citation for your fault, and then you should be free to leave. Ask them if you are free to do so. 

If they have reason to suspect you may have something unlawful in the vehicle they don’t need your permission, provided there is probable cause to do so. They cannot freely search your vehicle without this or your permission. The same goes if they have a K-9 unit with them. If they don’t have probable cause you should be free to leave and if they detain you after that it is unlawful. 

Unfortunately, if your rights are being violated there isn’t much you can do in the moment, so don’t be aggressive or try to leave. If they have violated your constitutional rights your criminal defense lawyer will have solid grounds to ask for your case to be dismissed, regardless of what substances were found in your vehicle. 

See the event through and contact a criminal defense lawyer as soon as possible. 

What do K-9 units primarily do in Missouri?

K-9 units primarily work on drug detection on our highways. 

K-9 Terminology 

K-9 units have their own terminology you can listen out for. 

The “handler” is the officer in the unit who has undergone training to work with the dog and interpret their signals. 

“Alert” means the dog has given a signal to their handler that they think drugs are present. 

“Hit” means they have found drugs. 

“Miss” or “False Alert” are terms used following an alert if the officer believes that no drugs are present at this time. 

K-9 Drug Searches Off the Highway 

K-9 drug searches don’t only occur on our highways, there are several other places a K-9 unit may be brought in to search for the presence of drugs. These are places like the airport, homes, business premises. 

Can K-9 units legally search me in an airport?

Yes and no. After the case the United States vs Place, in which a man aroused suspicion and had his bags taken and sniffed by a drug detection dog, the laws changed. Place’s suitcases were detained from the Friday, when the dog aroused suspicion, until the following Monday when a warrant was obtained. They found over a kilogram of cocaine inside. 

Place’s defense tried to argue that his luggage was unlawfully searched, but the district court believed the officers had probable cause to do so. 

K-9 units may sniff-search your luggage in an airport, as this does not involve searching your luggage and does not count as a “search” under the Fourth Amendment. 

Can a K-9 unit approach my property without my permission? 

No, an officer needs probable cause to bring a drug detection dog onto your porch and near your front door. You have a right to privacy in your own home, so police need probable cause to search your home or you need to give them consent to do so. If a K-9 unit comes onto your porch or to your front door without your consent they have violated your rights. 

What happens if a K-9 unit detects drugs in my possession elsewhere? 

If you come into contact with a K-9 unit and they detect dogs on you in circumstances other than those mentioned, contact an experienced criminal defense attorney who can assess the situation and act accordingly. 

Can K-9 searches be conducted in schools?

This is a murky area, but yes, they are legally allowed to use K-9 units during unannounced, random searches. This is because school children cannot retain a reasonable expectation of privacy in schools. However, the legalities of this in court are a little less clear cut, so if your son or daughter is caught in possession during an unannounced search it’s important you get an accomplished criminal defense lawyer to defend your child. 

Can K-9 units search a business without permission?

No, the same Fourth Amendment rights apply to all public and private buildings, other than schools and airports. They need to have probable cause or a warrant in order to search. 

Are K-9 Drug Charges Misdemeanours or Felonies? 

K-9 drug charges aren’t any different than normal drug charges, so unless you are found to be in possession of a small amount of Marijuana (less than 10 grams) which is a misdemeanor, your charge will be a felony. See our article on Missouri Drug Possession Laws for more information. 

Felony charges are extremely serious and come with hefty penalties (prison time and large fines), so it’s important to seek out an experienced criminal defense lawyer 

Can Drug Detection Dogs Tell The Difference Between Hemp and Marijuana?

No, they can’t, and often the officers with them can’t tell either. In January 2019, a truck was stopped in Idaho with 7,000lbs of hemp, which the officers and K-9 unit determined to be marijuana, despite the driver telling them otherwise. 

A few weeks later the substance was indeed found to be hemp and the charges were dropped, but the company who owned the hemp decided to sue. 

What should I do if I’m stopped with hemp? 

If you are stopped for a traffic violation you don’t need to tell the officer you have hemp in your possession, since it is a legal substance. If things escalate to a point where a K-9 unit has alerted the officers to the presence of hemp, calmly tell the officers that’s what it is. There’s a chance they will still arrest you, so stay calm – you are in the right. Follow their instructions and contact a criminal defense lawyer to defend you, should you need to. 

If you have hemp that is already infused with another product you shouldn’t have a problem, but if a K-9 search alerts on the product remain calm and state that it contains hemp. Follow their instructions and contact a criminal defense lawyer, should you need to. 

In both circumstances, however, once the substance has been tested in the lab the charges will be dropped. You may want to talk to a lawyer along the way, especially if the charges have caused damage to your life or business. 

What Should I Do If I’m Stopped and Have Drugs in My Vehicle?

If you see flashing lights in your rearview mirror and knowingly have drugs in your possession, pull over when it is safe to do so. Comply with the officer’s requests to see your license and registration, and provided you have no outstanding charges or warrants, they should only issue you a ticket for your traffic violation. 

The officer may try to trick you into admitting you have drugs in your vehicle by telling you a K-9 unit is on the way. Do not do so. As discussed above, it is unlawful for them to detain you for this purpose. You also do not need to let them search your vehicle unless they have probable cause to do so. 

If they have no reason to suspect you have drugs in your possession, you should be able to take your ticket politely and drive away. 

If this is not the case and you are arrested read on to the next section. 

What Should I Do If I’m Charged for Drugs a K-9 Unit Found? 

K-9 drug charges can be a challenge to defend, so ensure you seek out the very best criminal defense lawyer you can who can act quickly to put together your defense to get your charges reduced or dismissed, where possible. 

Often in K-9 drug stop-and-search charges, your lawyer will try to dispute whether or not the officers involved in your case violated your Fourth Amendment rights. Provided you at no time admitted to having drugs in your possession, they may be able to do so. 

If you do decide to admit to having drugs in your possession, as may be wise if you have less than 10 grams of marijuana in your possession that you believe they will find in their search, your lawyer will use this honesty to try and get your charges reduced significantly. 

An experienced criminal lawyer will have a good chance of reducing your charges provided you did not resist arrest at any time. 

If you are found to be in possession of illegal substances by a K-9 unit, you need to get an experienced criminal defense lawyer on your side as soon as possible. Drug possession charges can be extremely serious in St. Louis, Missouri, so you need to do all you can to get the charges minimized. 

We have extensive experience in drug possession charges and a long list of satisfied past clients who have avoided a felony conviction or had their charges reduced significantly. If you need our help, we’re here for you. We offer free consultations and around-the-clock support for our clients. Click here to contact us today.

Looking to Hire a Drug Possession St. Louis Lawyer?

combschris1 · October 19, 2019 ·

If you’ve been caught for drug possession in Missouri, it’s important you take action right away. Missouri has some of the most severe drug possession penalties in the whole of the US, but punishments can also vary drastically from courtroom to courtroom. For this reason alone, you need a drug possession attorney who has established relationships in the area you are being charged and will know the history of cases like yours with those prosecutors and judges. 

Drug possession charges are some of the most common we deal with here at Combs Law Group, so we are familiar with the common questions and queries people have when facing a drug possession charge. 

Here’s what you need to know to defend and protect yourself. 

What constitutes drug possession in Missouri?

As you may be aware, the definition of “drug possession” in Missouri doesn’t simply cover being caught with illegal substances on your persons, but in any other scenario where you can be considered to be in possession of an illegal substance. 

For example, if you and a friend are transporting cocaine in your vehicle (or if a friend leaves an illegal substance in your vehicle) when you are pulled over for a traffic offense and the attending officers have reason to search your vehicle and find it, you are still considered “in possession” of that substance. 

Are drug possession laws the same all over the US? 

Yes and no. The DEA determines how “serious” an illegal substance is throughout the US. The Controlled Substances Act outlines 5 Schedules (essentially levels of seriousness), with Schedule 1 being the most serious or harmful, such as heroin, methamphetamine, and cocaine, and decreasing in the likelihood of dependency to Schedule 5. These schedules define the severity of the punishment. 

However, Missouri decides what punishment will be given for possession of each type of drug. With the exception of marijuana, most drug possession charges are felonies. Felony charges come with serious legal ramifications, fines, prison time, and sends shockwaves through other areas of your life, so it’s vital you find a drug possession lawyer as soon as possible. 

If you’re facing federal drug charges, like federal drug trafficking or distribution, then it’s even more important you find a good St. Louis drug possession attorney who knows federal drug laws. Federal drug laws typically have more severe penalties, so if the federal government is trying to put you behind bars you need to get a St. Louis criminal lawyer right away.

Are the punishments for marijuana possession different? 

In most cases, yes. In Missouri, most drug possession cases will result in a felony charge, but the laws surrounding marijuana have softened and if you possess 35 grams or less, you will be charged with a misdemeanor. If you would like to learn more about marijuana laws in Missouri, you can read our guide here.

Is there any way to avoid jail time? 

Your ability to avoid jail time for your drug possession charge will depend on the severity of your charge, the circumstances in which you were charged, the skill of your attorney, and primarily, whether or not you are willing to get help for your addiction. Prosecutors and judges may choose to be sympathetic if you are willing to get help for your addiction and if the quantity you had in your possession was minimal. To find out more about these programs you can read our guide on drug possession laws in Missouri.

What should I look for in a drug possession lawyer?  

When you look for a drug possession lawyer you should ensure they: 

  • Have experience in the location you were charged 
  • Have experience with cases like yours 
  • Will aggressively defend you and the life you’ve built 
  • Offers a free consultation
  • Won’t make you feel like a number on a list 
  • Make you feel reassured and at ease 
  • Has numerous testimonials and good reviews 

Chris Combs is one of the top St. Louis drug possession lawyers and has experience with a wide range of drug possession charges. If you want to find out more about what we can do for you click here or contact us directly today and we’ll get back to you as soon as possible – most inquiries receive a reply in less than two hours, so it will be no time at all until you can relax knowing you have the best on your case. 

9 Professional Athletes Who Had Run-ins with The Law

combschris1 · August 22, 2019 ·

Professional athletes may have more talent, speed, and agility out on the field or court than we could ever hope to have, but it rarely seems to help them stay out of trouble with the law. When it comes to having a brush with the law, professional athletes are no less vulnerable than the rest of us. If you don’t follow professional sports (or even if you do) you may be shocked to discover how many current and past pro athletes have a criminal record. 

NFL players seem to be the most susceptible, but no corner of the professional sport keeps a clean slate. Since 2000, active NFL players have been arrested 855 times, which includes 215 DUI charges, 99 drug charges, 96 domestic violence charges, 71 assaults, and 2 murders. 

The NFL team with the most arrests is the Minnesota Vikings, who have 49 of those charges to their name. A close second is the Denver Broncos, with 47 arrests. In third, is the Cincinnati Bengals, though their number (44) is bolstered significantly due to their player Adam “Pacman” Jones, who you can read about below. 

Currently, 4.71% of active players have been arrested, which is lower than the arrest rate for the whole of the US. Out of 1720 active players, only 81 have been arrested. DUI is the most common crime, though domestic violence and assault and battery when combined outweigh DUIs. The arrest rate for NFL players in 2019 is currently much lower than any other year since 2000, and most arrests take place out of season. 

Here are nine professional athletes who have been arrested or charged for crimes during their professional career. 

Pacman Jones 

Pacman Jones is an NFL player who just can’t seem to stay out of trouble, in fact, he’s been arrested ten times. If you’re looking for a professional athlete to prove that great players can get away with almost anything, Jones is it. 

Most of his offenses took place on a night out. He was first arrested and charged in 2005 with assault and vandalism for an altercation in a night club. A year later he was arrested for disorderly conduct and public intoxication. 

In 2007 he spent $40,000 on a dance at Minxx Gentlemen’s Club in Las Vegas, which resulted in a fight when he attacked the dancer, gunshots were fired, resulting in several injured and one club employee was paralyzed. He surrendered to the Las Vegas police four months later and was released on a $20,000 bail. He cooperated with the police and so only received probation and community service, but later was ordered to pay $12.4 million in total to the victims of that event. 

Cristiano Renaldo   

The world-famous soccer player has been the subject of a lawsuit filed in September of 2018 in Nevada accusing him of rape. A woman alleged that he paid her $375,000 to stay quiet about an incident that took place a decade ago in 2009. The lawsuit was dropped in June 2019, though the federal suit remains active. 

Ray Lewis 

Ray Lewis is a former linebacker who played exclusively for the Baltimore Ravens. On January 31, 2000, Lewis was involved in an incident which resulted in two men being stabbed to death in Atlanta, Georgia. No one has ever been officially charged with the crime, but Lewis pled guilty to obstruction of justice in the case for which he received 12 months of probation. He was also fined $250,000 by the NFL, which was the largest fine to date for an infraction that did not involve substance abuse. 

Many believe he was involved as the white suit he was wearing that night was never found, the victims’ blood was found in his limo, and he allegedly told those with him to “keep their mouth[s] shut.” However, the incident did not harm his NFL career, as the next year, he was named Super Bowl XXXV MVP. 

Tiger Woods 

Tiger Woods has been in and out of the media for years for his alleged infidelity, but he was also subject of a DUI charge in Jupiter, Florida in May of 2017. Woods had prescription painkillers, sleep drugs, and traces of marijuana in his system. He agreed to enter a diversion program and his charge was later dropped. 

Nick Fairley 

Nick Fairley is one of many NFL stars who have a DWI charge to their name. In 2012 he was arrested on drunk-driving charges in Alabama, when he allegedly passed a state trooper doing 100mph in an Escalade. He then tried to flee when the troopers asked him to pull over. He was sentenced to a suspended six-month jail term, a year of probation, and a $600 fine. 

Oscar Pistorius

Oscar Pistorius is the famous South African amputee athlete who competed in both the Paralympic games and the 2012 Olympics, where he became the first double-leg amputee to compete at the Olympics. 

On Valentine’s Day in 2013, he woke up in the middle of the night and fatally shot his girlfriend, Reeva Steenkamp, allegedly believing her to be an intruder. The case garnered a huge amount of media attention worldwide due to the interesting details of the case. 

When he woke up in the middle of the night and heard movement in the bathroom, he did not assume the empty spot next to him in bed was a sign that is was his own girlfriend, but instead took his shotgun and fired it through the bathroom door, killing Steenkamp. 

In 2014 at his trial, he was found not guilty of murder, but guilty of culpable homicide and sentenced to 5 years in prison, and a concurrent 3-year suspended sentence for a separate reckless endangerment conviction. 

Just a year later, he was released on temporary house arrest as his case was presented to the Supreme Court of Appeal, due to the outcry by the public and Steenkamp’s family, where the previous sentence was overturned and he was convicted of murder, and finally sentenced to 13 years and 5 months. 

Von Miller 

Von Miller is a linebacker for the Denver Broncos (NFL), and was arrested in 2013 on a warrant for failing to appear in court for a traffic violation, while also being on suspension by the NFL for a drug violation. The original violation was for careless driving and no proof of insurance. 

Five years later, in July of 2018, he was caught speeding doing 71mph on a 45mph street, in his Ford 150 pickup. Upon being pulled over, he told the officer he was late for work. 

Michael Floyd 

Michael Floyd is a wide receiver for the Baltimore Ravens (NFL) and has previously played for the New England Patriots, Minnesota Vikings, New Orleans Saints, Arizona Cardinals, and Washington Redskins. It was during his time with the Arizona Cardinals in 2016 that he had his most famous arrest, however, it was not his only brush with the law. 

Floyd was suspended indefinitely in 2011 by Notre Dame after he was caught driving under the influence with a blood-alcohol level twice the legal limit. His coach at the time, Brian Kelly, said the suspension would not be lifted until he changed his ways. “Football needs to take a backseat at the moment while Michael gets his life in order,” he said. 

Unfortunately, it wasn’t an event Floyd learned from. Just hours after the Cardinals lost to the Dolphins in Miami, police officers found Floyd slumped at the wheel of his running vehicle in the middle of the road at 2.48am, sleeping. He was charged with two counts of DUI. 

In February of 2017 he was found guilty and sentenced to 24 days in jail, a $5,000 fine, 30 hours of community service, and 96 days house arrest.

Marion Jones 

The statistics show that male athletes are the most likely to come off the tracks, but that doesn’t mean female professional athletes are all saintly either. Marion Jones, who won 5 medals (3 gold, 2 bronze) at the 2000 Sydney Olympics, was stripped of her medals after it was discovered that she took performance-enhancing drugs, was found to be connected to check-fraud, and lied to the federal agents who investigated her case. 

She was sentenced to six months in prison, two years of probation, and 400 hours of community service per year of her probation. 

Professional athletes often have millions in the bank, and although it doesn’t make them above the law, it does often help them get a severely reduced sentence or avoid being charged altogether because they have a great criminal defense lawyer at their side. If you live in the St. Louis, MO area and are facing similar charges to those any of the athletes above faced, contact Combs Law Group today for your free consultation. 

The Marijuana Laws in Missouri 2019

combschris1 · January 13, 2019 ·

Introduction

Marijuana legalization is slowly spreading across the United States, and in November 2018, Missourians voted in favor of legalization of medical marijuana. Amendment 2, a constitutional amendment to allow medical marijuana, passed by a margin of 64% to 34%.

This change will allow qualified patients and caregivers to receive ID cards from the state, so they can grow up to six marijuana plants and purchase at least 4oz of cannabis from dispensaries each month. Doctors will be able to issue these cards for any condition they see fit, and business licenses will be obtainable for cultivation, infused-product manufacturing, and dispensaries.

Though there are no current changes to the criminal charges of possession due to this law, there may be some relaxation in certain areas of Missouri, as you can read about below.

This article will help guide you through the history of marijuana law in Missouri as well as the new amendment, and what changes and difficulties this new amendment brings.

History

Missouri has historically had one of the harshest marijuana laws in the nation. In the early 1900s, the maximum charge for selling marijuana to minors was the death penalty.

The first move toward legalization was in 1994, when they first tried to legalize medical marijuana but encountered difficulties because marijuana was not considered a medicine under federal law, so they gave up their efforts.

It wasn’t until 2014 that CBD oil (a non-psychoactive derivative of marijuana) was allowed for severe sufferers of seizures.

Changes in Recent Years

In 2014, a revamp of the state’s criminal code removed the possibility of jail time for first-time possession. So, now first-time offenders who possess up to 10g may have to pay a fine of up to $500 but are not at risk of jail time. However, sentences for those convicted of sales, trafficking or cultivation are still strict.

Now, with the legalization of medical marijuana, Missouri must have 192 medical marijuana dispensaries by 2020. However, it will take time for the infrastructure to become established, and it’s unlikely that patients and businesses will see their ID cards and licenses approved much before the end of 2019.

Difficulties

Missouri’s executive branch is looking to move quickly, but there is speculation around how quickly these changes will truly come into effect. Doctor Gil Mobley, who has ties in both Missouri and Washington State, where marijuana was legalized for medical use in 1998, said, “there are tremendous mountains to move … they won’t even have the paperwork ready until January 2020.” He went on to advise patients to open a dialogue with their doctors know about their conditions, as although doctors should be able to approve medical marijuana for any condition, he foresees patients finding difficulty in proving the severity of their conditions.

There are also questions about qualifying patients’ eligibility for state-governed jobs, as well as other positions that require a clean drug test. Similarly, concerns have been raised on whether Missourians can use medical marijuana and receive welfare help, as receiving these benefits is dependent on drug-screening policies.

Law enforcement has expressed a fear of an increase in incidents of driving under the influence (DUI), as patients may believe they are safe to drive, as well as an increase in unlawful growing operations. An increase in DUI offenses has been reported in other states that have successfully made medical marijuana legal, though statistical reports from Colorado argue that 94% of DUI charges are still alcohol-induced, and only 6% as cannabis-induced, though there is some room for error here, since there is no breathalizer equivalent for marijuana intoxication.

The introduction of the ID cards should make it easy for law enforcement to determine who should be in possession of marijuana and who shouldn’t.

Law enforcement leaders have, for the most part, vocally opposed any legalization of marijuana, and the new amendment will not change those feelings. Any recreational use of marijuana will still be illegal and enforced.

Marijuana is still illegal under federal law, which can complicate the prescription of the drug. It will be important for patients to remember that the ID card only protects them within Missouri and will not apply outside the state.

It will also be completely illegal to possess both medical marijuana and a gun.

Conviction

It’s important that you seek immediate legal help if you have been charged with a marijuana offense. If you have the approved ID card, then the presentation of this card will show law enforcement that you are legally allowed to possess it.

Combs Law Group is here to assist you if you are in the St. Louis Metro area and have been charged with a marijuana offense. We can provide you the support and defense you need and protect your freedom. We offer free consultations and have extensive experience in drug-related charges.

Below you’ll find the possible outcomes of a marijuana charge.

Possession

  • Up to 10g – first offense: Misdemeanor (up to $500 fine, no jail time)
    second offense: Misdemeanor (up to 1 year in jail)
  • 10-35g: Class A Misdemeanor (up to 1 year incarceration & $1,000 fine)
  • 35g-30kg: Class C felony (1 year incarceration & $5,000 fine)
  • More than 100kg is considered trafficking

Sale

  • Less than 5g: Class C felony (up to 7 years incarceration & $5,000 fine)
  • 5g-30kg: Class B felony (5-15 years incarceration & $20,000 fine)
  • Distribution to a minor, 17 years old or 2 years junior: Class B felony
    Or, if within 2000ft of a school or public housing: Class A felony

Trafficking

  • Trafficking drugs 1st degree, distribution/attempt to deliver 30-100kg: Class A felony (10 years to life incarceration and $20,000 fine)
  • 100kg and over: Class A felony (10 years to life incarceration without possibility of parole)
  • Trafficking drugs 2nd degree, buying/attempt to purchase 30-100kg: Class B felony
  • 100kg and over, or over 500 plants: Class A felony  

Future of Marijuana Charges

As you can see above, marijuana charges carry heavy, often life-changing penalties. However, with the legalization of medical marijuana, it’s likely that the criminal charges against recreational use and small-volume possession will relax in some areas.

Jackson County Prosecutor, Jean Peters Baker, said her office would cease prosecuting most marijuana cases, and that the change in attitude toward marijuana had been forecast by juries for some time.

The sentiment has been repeated elsewhere, both in Missouri and across the whole of the United States. St. Louis Circuit Attorney Kim Gardner said that her office would no longer prosecute for small amounts of marijuana.

Consequently, law enforcement leaders are following their lead. Jackson County Sherriff Darryl Forte said he would have to look at their policies before proceeding since they would not present any drug cases if they weren’t going to be prosecuted. The Jackson County Prosecutor’s Office handled hundreds of marijuana possession cases each year before the new laws came into effect.

It’s unlikely that cases will be dismissed because of the new law, but pending cases will be evaluated taking the new law into consideration, and possession charges are likely to experience much lighter penalties than stated above. People caught distributing marijuana illegally will still face prosecution.

Tim Garrison, US Attorney for the Western District of Missouri, emphasized that the new law has not changed the status of marijuana as an illegal drug under federal law, but that federal prosecutions in his district have always focused on large drug trafficking organizations, not single-person possession charges.

Some counties will still prosecute for small charges, so these attitudes are not universal. Clay County Prosecutor Daniel White said, “We’re going to handle what the police department brings us and the state of Missouri says is a crime.”

Other states saw this lightening of marijuana charges and prosecution when medical marijuana was legalized so this trend may continue in Missouri.

As Missouri prosecutors, courts and law enforcement find their footing on this new ground, it’s vital that you still take any marijuana charge seriously, and seek legal advice as soon as possible to avoid escalation or any negative effect on your career, family or freedom. Combs Law Group offers a free consultation and provides 24/7 attention to our clients, so we’ll always be here if you should need us. Please call us at 314-578-1465.

A Complete Guide: Drug Possession Charges & Drug Court

combschris1 · November 8, 2018 ·

The Complete Guide to Drug Court in Missouri & If It’s the Right Option for Your Drug Possession Charges

If you or a loved one is charged with drug possession in Missouri, you might be wondering if going to a drug court is the right option for you. You are not the only one who has that question. In fact, that’s one of the most common questions that our St.Louis drug possession lawyers at the Combs Law Group get asked. We would like to give you a straight answer to this question, but it doesn’t exist. The best option for drug possession charges depends on your particular circumstances, and if drug court is an option you need to think seriously about what it entails.

The state of Missouri treats drug crimes very seriously. A conviction for drug charges can result in imprisonment of up to seven years and fines of up to $5000. That’s why it is in your best interest to seek advice from a Missouri criminal defense attorney right from the very beginning of the proceedings against you. When we work on a drug possession case, we always employ defensive strategies aimed at dismissal or reduction of the charges. Sometimes, when it’s in our clients’ best interest, we will recommend drug court as an alternative to prison or jail. Let’s take a closer look at what drug court is all about and what it could mean for you if you decide to go that route.

What is Drug Court and Is It the Right Option for Your Drug Possession Charges?

A Drug Court is a voluntary treatment program for first-time, non-violent felony offenders who have substance abuse issues. Its goal, as defined by most legal jurisdiction in Missouri, is to provide the defendant with supportive community supervision and help them deal with the underlying problem, their drug addiction. Most importantly for you, it means you could avoid doing jail time for your drug problem.
When a first-time offender commits a crime in which drug abuse plays a significant role, they can be offered to join a drug court program. It is the most effective way to help them become a productive citizen and combat recidivism. In fact, the program is so effective that up to 95% of participants do not return to drugs and crime once they completed the program. The offender has to plead guilty before or after being admitted to the drug court program. If they complete the program successfully, they can withdraw the guilty plea and the charges against them will be dropped. If they don’t abide by the program’s requirements and break the rules, they will have to serve time in jail and pay a fine.
There are 130 drug court programs in Missouri, accommodating up to 7000 offenders annually. I most cases, your criminal defense lawyer will advise you to opt for one because that way you’ll avoid jail and fines and get a better and healthy life. Missouri drug courts are well known for their efficiency. On average, all of them have 61% graduation, but the St.Charles County Drug Court, in particular, is the most successful one, with 95% of the participants never committing a crime again. As experienced St.Charles criminal defense attorneys, we can confirm this to be true. Moreover, this program saves the State of Missouri around $10 million per year in incarceration costs.
If you want to be eligible for a Drug Court, you have to meet certain requirements. They differ from county to county, but for any of them you can expect to be required to meet the following criteria:

  • Be a first-time offender
  • Be a substance abuser
  • The substances you abuse played a significant role in committing the crime
  • The criminal offense has to be drug-related
  • The offense mustn’t be violent
  • You have to plead guilty before or after being admitted into the program

However, no two drug court programs are the same. Depending on where you live or where your charges are pending, you may need to meet additional requirements The following overview of a few of the drug court programs in Missouri will give you an idea about whether a drug court is the right option for you.

St.Louis County Drug Court

You will be admitted to the St.Louis County drug court program if you meet the following requirements:

  • Be a non-violent offender
  • Be at least 17 years old
  • Plead guilty for a felony
  • Waive your preliminary hearing
  • Commit to at least 15 months of treatment
  • Be a technical probation violator

If you don’t meet these requirements, you won’t be allowed into the program, and you may have to serve time in jail and be fined if convicted of felony drug possession. Just pleading guilty won’t secure you a spot there either. Before considering going to a drug court in Missouri, make sure that you talk with a St.Louis criminal defense attorney to advise you whether this program is the best you can get or if you can get into it at all.

The program costs $40 per month. It is tailored to the needs of the offender. The duration will depend on their individual progress, but never for less than 15 months. Upon entering the program, you’ll have to abide by certain rules, such as doing 40 hours of community service, attending scheduled treatments and appointments, participating in regular court supervision, as well a other requirements.

The St.Louis Drug Court program has four phases:

  • Assessment and intensive supervision phase (6-8 weeks on average)
  • Primary treatment phase (20-24 weeks on average)
  • Continued care (16-20 weeks on average)
  • Minimum supervision or commencement phase (16-20 weeks on average)

Once admitted into the drug court program, you have to ensure that you follow all the rules. If you don’t, your admittance will be revoked, and you’ll be fined and jailed. But, if you complete the program successfully, you’ll be allowed to revoke your plea of guilty and the charges against you will be dropped.

City of St. Louis Drug Court

The city of St.Louis has their own requirements for admission into drug courts. There are separate requirements for pre-plea and post-plea cases. If you plead guilty before being admitted in the program, the requirements are as follows:

  • You have to be charged with drug or alcohol charges, or your offense has to be motivated by drugs or alcohol
  • You have to be a non-violent offender and your crime mustn’t involve a significant drug dealing
  • The victim of the offense must agree that you can enter the program
  • You must not be on parole
  • You must not have more than three felony offenses in the past
  • You agree to participate in the program, pay compensation, if any, and pay the court fees
  • If you have pled guilty already, the criteria for admittance are as follows:
  • No violent history
  • You are a substance abuser
  • You have to be charged with drug or alcohol charges or your offense has to be motivated by drugs or alcohol
  • You have to be a non-violent offender and your crime should not involve a significant drug dealing
  • You agree to participate in the program, pay compensation, if any, and pay the court fees
  • You are not a graduate of a drug court program
  • The court fees associated with the program are $30 per month. It has three phases and lasts for a minimum of eleven months.

Franklin County Drug Court

Franklin County Drug Court is possible if you meet the following requirements:

  • You are dependent on drugs
  • You live in Franklin or Gasconade County and have viable transportation
  • You have a criminal charge pending in Franklin County
  • The criminal charge has to be drug-related or another non-violent felony in which substance abuse was a significant factor
  • Your present and past offenses, if any, mustn’t include significant drug distribution, manufacturing, sales, or trafficking, nor crimes related to violence, weapons, sex offenses, or felony assaults
  • You mustn’t have a physical or a mental condition that could prevent you from successfully completing the drug court program
  • You must abide by the program requirements
  • If you are on probation, you may be admitted into the program if, in addition to all the requirements mentioned above, you meet the following as well:
  • You have at least 24 months remaining for supervision on probation
  • You mustn’t have any revocation pending in another county
  • You don’t owe excessive restitution to the court
  • Offenders go through three phases of recovery, and if they complete them all successfully, they are allowed to withdraw their guilty plea. That results in charges against them being dropped. If you remain substance-free for 32 weeks, you’ll be good to go.
  • There are many rules that offenders have to respect during the program, including regular drug tests, court visitations, being respectful to the court, going for treatments, and others. Not respecting them may lead to being removed from the program and going to jail. Talk to your drug possession attorney to ensure that you abide by the rules all the time because the risk is too big.

It Looks Great, but Be Careful

Drug Court programs can be a great option for offenders who qualify, but before opting for one, you and your drug possession attorney have to take into account all the circumstances surrounding your life. Keep in mind that not abiding by the rules of the program will have you expelled and sent to jail. Think about any reasons that could prevent you from fulfilling your obligation of the drug court program. Just don’t take the benefits for granted. The truth is that drug courts across Missouri have different guidelines, but there’s one thing they all have in common. Drug courts are typically very difficult to complete successfully. In fact, some drug courts are designed to make the defendants fail. Why is this you might be wondering? Well, as society has started to recognize drug addiction as a disease that needs treatment, Prosecutors are now more inclined to use drug courts as an alternative to jail. However, they have merged punitive aspects into the drug court process. Meaning, they don’t want it to be an easy road for drug addicts who break the law. In fact, some drug courts have made their programs so unattractive to drug offenders that jail is sometimes the better option. So it depends on the specifics of the drug court in the county you’re charged in. They make it so difficult for the criminal defendants that in some cases it doesn’t make sense to choose the drug court option. You have to able to commit a serious amount of time, money, and patience. And when it comes to drug addicts, meeting those difficult guidelines can be almost impossible. But if you’re someone who is serious about getting and staying sober, and you’re willing to make a long-term commitment to not just drug court, but to your sobriety, then drug court might be a good option for you.

For help with determining whether the drug court programs are the best option for you, call us at the Combs Law Group for free consultations. We specialize in Missouri drug possession cases and we can help you fight your charges and create positive outcomes for your case. Call us today at 314-578-1465 and we can provide you with a free consultation.

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