Felony Convictions

The Ultimate Guide to Theft Crimes in Missouri

combschris1 · October 23, 2019 ·

If you’ve been charged with theft in Missouri, you’re likely feeling a lot of emotions and you’re not sure what to do next. In many cases, a theft charge comes with a sense of shame, defensiveness (because you had no other option), anger at yourself or those who caught you or persuaded you to steal with them. At this stage, it’s vital that you understand exactly what your theft charge means for you, and what next steps you need to take to move forward with your life.

This guide will take you through everything you need to know about your charge (whether falsely accused or not), answer common questions we hear from the accused, and guide you on your next steps.

There are a large number of different theft crime charges with a range of possible punishments and future impact on your life. Read on to learn all about what you need to do next to take positive steps forward and fight your charge.

Contents:

What Constitutes Theft in Missouri?
The Different Types of Theft Crime
- Theft
- Larceny
- Burglary
- Robbery
- Shoplifting
- Firearm Theft
- Grand Theft Auto
- Federal Theft
- Check Fraud
What makes a theft crime a misdemeanor or a felony?
What’s the difference between theft, larceny, burglary, and robbery?
Can you be charged for more than one kind of theft?
Is it better to be charged with one type of theft crime over the others?
I’ve been falsely accused of theft, what should I do?
Why it’s Important to Fight a Theft Conviction
Hire the Best Missouri Criminal Defense Attorney

What Constitutes Theft in Missouri?

Missouri defines theft as taking the property or service of another without the owner’s consent, with the intent to deprive the owner, or by deceit or coercion. Essentially, if you take something you don’t own or refuse to pay for services rendered, you are committing theft.

The Different Types of Theft Crime

There is a range of different theft crimes which vary in severity depending on the circumstances of the theft. Some of these crimes are classed as misdemeanors (less serious crimes) and others are felonies (serious crimes).

Theft

Theft is the umbrella term for any form of stealing property or services from another person, as outlined above, and encompasses any situation that does not fit into the categories below.

Larceny

Larceny simply defines when someone steals the personal property of another.

Burglary

Burglary in Missouri is defined as a person entering a building with the intent to steal. Most burglary crimes are class C felonies, but if the offender is armed, threatens or causes injury, or if there is an innocent person within the structure, it is a class B felony.

Robbery

Robbery is when the offender forcibly steals from another person and is a class B felony. However, if they threaten the other person with something that is, or appears to be, a weapon, or actually causes injury, it a class A felony.

Bank robbery comes with much harsher punishments than a ‘normal’ robbery because it is federally owned and therefore you are stealing from the government. Federal crimes are more serious than the same crime against a citizen, and any threat against the bank workers with the intent to steal from it will constitute bank robbery.

All bank robbery charges will be a class A felony, and therefore you may face up to 30 years in prison, and worse if there are additional charges held against you. If you knowingly accept anything stolen from a bank you will be fined and can be imprisoned for up to 10 years.

Shoplifting

Shoplifting occurs when the offender steals something from a place of business. Most occurrences of shoplifting will be a class A misdemeanor as the value of the stolen property will likely be $500 or below.

Anyone who steals merchandise (anything for sale) from a Missouri store is, in addition to any misdemeanor or felony charges, responsible for the full retail value of anything taken, any incidental costs of up to $100, a penalty to the owner of $100-$250, and any and all court costs and attorney fees incurred by the owner. If the person is a minor, their parental guardian is then responsible.

Firearm Theft

Theft of a firearm in Missouri is automatically a class C felony, due to the associated dangers and implications of a stolen firearm. A class C felony automatically lands you with at least 12 months imprisonment.

Grand Theft Auto (Vehicle Tampering)

Auto theft is defined as taking a vehicle owned by another, without the owner’s consent, by means of deceit or coercion. Motor vehicle theft can be more complicated than other forms of theft because there are four ‘elements’ that must be proved beyond a reasonable doubt (or admitted to) before the offender can be convicted.

The first element of auto theft is ‘appropriation of a motor vehicle’, which means the prosecution must prove that the offender took possession of the vehicle without the owner’s consent.

The second element is that it must be proved that the vehicle was not legally owned by the offender when they took the vehicle.

The third element is that it must be proved that the offender had ‘intent to deprive the owner of the vehicle’, and had no intention of returning the vehicle.

The fourth element is that the offender must have taken the car without the permission of the owner, and without coercing or deceiving them to do so. If the offender coerced or deceived the owner, the prosecution must show how this was the case.

Stealing a car in Missouri is automatically a class C felony, regardless of the value of the vehicle, which is punishable by a minimum of 12 months in prison.

Federal Theft

Federal theft is when you are deemed to have stolen something from the government. Most federal theft applies to those working for the government and maybe a charge like failing to deposit money to the treasurer, misuse of public funds, theft of vehicles transporting commerce between states, and theft of government property.

Check Fraud

Check fraud is when you give or cash a check you forged, or that is on a bank account you know has insufficient funds (and will therefore bounce). Check fraud, for a value of $500 or less, is a class A misdemeanor, and if over $500 it can be as severe as a class C felony.

What makes a theft crime a misdemeanor or a felony?

Some crimes are a felony regardless of any other circumstances, due to the severity of the crime (such as stealing a firearm), while others only warrant a misdemeanor. In general, the charges are as follows:

Class A Misdemeanor: a class A misdemeanor theft is when the value of the property or services stolen is less than $500. Being given stolen property worth less than $500 is also a class A misdemeanor. Any theft crime that does not fit into any other category will also warrant a class A misdemeanor. The maximum penalty for a class A misdemeanor is one-year imprisonment and a fine of $1,000.
Class D Felony: it is a class D felony when someone steals an animal, or, if the offender has had two or more theft-related convictions within the last 10 years. The maximum punishment for a class D felony is a four-year prison sentence and a fine of up to $5,000, or an amount of up to twice the value of what the offender gained from the theft, up to $20,000.
Class C Felony: Theft is a class C felony if the value of the property or service is more than $500, but less than $25,000, if the item was stolen from the owner’s person, or if it is a vehicle, aircraft, watercraft, firearm (regardless of worth), explosive, credit card, US flag, legal or historical documents, livestock or wildlife, will, property deed, controlled substance, chemicals that can be used to make illegal substances. It is also a class C felony to receive stolen explosives, receive something stolen if they are a dealer of the stolen good or substance involved, or worth more than $500. The maximum penalty for a class C felony is a prison term of 7 years (and no less than 12 months), a fine of $5,000, or double the value of the stolen property up to $20,000 if it was sold on.
Class B Felony: Theft is a class B felony if the stolen property or service is worth $25,000 or more. The maximum punishment for a class B felony is a prison term of 15 years (and no less than 5 years).
Class A Felony: Theft can only become a class A felony if the offender harms or threatens another person. The maximum punishment for a class A felony is a 30-year prison sentence (and no less than 10 years), and there are usually no fines included.

What’s the difference between theft, larceny, burglary, and robbery?

Theft is the umbrella term that covers any form of stealing from anyone or any entity. Larceny is the term used to describe the theft of personal property (e.g. not commercial or federal property). Burglary is theft from a residence or structure, and robbery is any theft where there is an innocent person who is threatened or harmed in the process.

Can you be charged with more than one kind of theft?

Yes, for example, if you rob a bank and then steal a car for your getaway, you will be charged for both occurrences. It’s not uncommon to see both state and federal theft charges filed in the same crime. If you are facing multiple types of charges then it’s even more critical you get legal representation.

Is it better to be charged with one type of theft crime over the others?

Yes, for example, a robbery charge will nearly always be more severe than a larceny charge, so where possible your criminal defense lawyer will work to get your charge reduced so you can avoid harsher punishments.

I’ve been falsely accused of theft, what should I do?

If you have been falsely accused of theft it’s vital you get an experienced criminal lawyer who knows theft and robbery charges on your side as soon as possible. If you’ve been accused or charged with theft wrongly, you need a lawyer who knows the law and can put together the best strategy to prove your innocence. Unfortunately, the wrongly accused are sometimes convicted of the crimes they didn’t commit, so don’t leave it to fate.

Why It’s Important to Fight a Theft Conviction

If a theft charge is minor, you may think that it would be easier to take the conviction in stride, pay the fine, and move on with your life, but it’s important to think about the long-term implications of a theft conviction.

Of course, theft very quickly becomes a felony charge here in Missouri, and a felony is a very serious matter. Of course, even a theft misdemeanor on your record may make you an unattractive prospect to potential employers who will feel unable to trust you, and future landlords will feel the same, leaving you jobless, potentially homeless, and in worst-case scenarios, unable to feed yourself and your family.

You may think that a simple theft charge cannot ruin your life, but we’ve seen it happen and we fight to protect our clients’ liberty every day. Take your charge seriously and do everything within your power to fight the charges; get an experienced St. Louis criminal defense attorney on your case as soon as possible.

Hire the Best Missouri Criminal Defense Attorney

No matter your individual circumstances, if you’ve been accused of theft, you need to get a great criminal defense attorney on your side as soon as possible. The legal system can be confusing and intimidating, and as we covered in the section above, a conviction (wrongful or otherwise) can completely derail your life.

An experienced criminal defense lawyer will fight for your freedom and may be able to get the charges dismissed or reduce your charge so it has a minimal impact on your life. Chris Combs has extensive experience defending theft charges and likely has defended a case just like yours in the past.

All our clients have access to their lawyer 24/7, we offer completely free consultations, and we get back to most inquiries within 2 hours – so you don’t need to worry for days about what’s going to happen next. Contact us today to get one of the best St. Louis criminal defense lawyers on your case.

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.

The Complete Guide to Gun Charges in Missouri

combschris1 · May 15, 2019 ·

Every American citizen has the right to bear arms, at least until something goes wrong. When things go wrong your right to own and possess firearms may be taken away, at best, and you may go to prison in the worst of circumstances. Missouri is a gun friendly state, and if that’s important to you then it’s vital that you fully understand gun laws and charges in the state so you can remain on the right side of the law, or take action to retain your right to bear arms.

Any firearms charge is a serious offense, and if you or someone you know has been charged with one it’s important you educate yourself on the different charges so you can act accordingly. If you need immediate help from a criminal defense lawyer in the St. Louis metro area, you can contact us today for a free consultation, however, if you have more time, read on as this article will guide you through everything you need to know about gun charges in Missouri.

What You Should Know About Gun Possession and Ownership in Missouri
- Do I Need a Background Check to Purchase a Gun?
- Do I Need a Permit?
- Can a Minor Own a Gun?
- Do I Need a Permit to Carry a Gun?
- Do I Need a License to Sell a Gun or Ammunition?
- Can I Own Semi-Automatic or Fully Automatic Weapons in Missouri?
How Missouri Gun Laws Differ from Other States
Missouri Gun Offenses
- Penalties
- Unlawful Possession of a Firearm
- Possession, Manufacturing, Transporting, Repair, or Sale of Specific Weapons
- Unlawful Use of a Weapon
- Defacing a Firearm
- Fraudulent Purchase and Illegally Obtaining a Firearm
Firearms and Domestic Violence
Do I Have to Report a Lost or Stolen Firearm?
What Should I Do if I’ve Received a Charge for a Gun Offense?

What You Should Know About Gun Possession and Ownership in Missouri

Let’s start with the basics, so if you’re on the right side of the law, you can stay on it.

Do I Need a Background Check to Purchase a Gun?

Yes, if you are buying your firearm from a store you will have to go through a background check. However, there are no background checks required for a private sale. The buyer must be 19 years old, provide ID, and if the seller has any prior knowledge that the buyer is not lawfully allowed a firearm, they may be in legal trouble if this is discovered.

Other requirements for purchasing a firearm from a store in Missouri are:

Citizen or resident of the US, and resident of Missouri
Have taken a firearms training course
Have not been convicted of a felony or misdemeanor
Do not meet any of the other criteria listed in the Unlawful Possession of a Firearm section below

Do I Need a Permit to Own a Gun?

No, you don’t need a permit and you don’t need to register your firearms in Missouri, and there is no waiting period prior to purchase.

Do I Need a Permit to Sell a Gun or Ammunition?

No, Missouri does not require to own a license, though if you intend to do so on a commercial basis, check with your local jurisdiction. You do not need to ensure that the person purchasing ammunition from you has a license or permit, nor do you need to maintain a record of who has purchased ammunition from you.

Firearms and Minors in Missouri

You can buy or give a minor a firearm in Missouri, though they aren’t allowed to buy one for themselves, provided you have the consent of their parent or legal guardian. Missouri does not penalize individuals for negligently storing or leaving a gun where a child can easily gain access to it.

Do I Need a Permit to Carry a Gun?

As of January 2017, Missouri is a constitutional carry state, which means you don’t need a permit to conceal or openly carry a firearm, however, there are some areas where concealed carry is restricted, and you require a CCW permit in these areas so it’s best to check with local law.

You are free to carry your gun in your vehicle, and you don’t have to notify an officer if you are approached on official business.

Obtaining a concealed carry license is a good idea if you want to carry your gun freely but often travel into built-up areas that may require them, or travel out of state, though you need to check that those states honor your license.

Can I Own Semi-Automatic and Fully Automatic Weapons?

You can own, and hunt with, some semi-automatic rifles. If you want to own a fully automatic weapon in Missouri, you must go through an intensive FBI background check and pay the federal firearms tax.

How Do Laws in Missouri Differ from Other States?

Missouri has some of the most lenient gun laws in the United States, and providing you don’t meet any of the conditions to why you aren’t allowed to possess a gun (see the Unlawful Possession of a Firearm section below), you should be able to legally own a gun without registering it with the state, without registering it or obtaining a license or permit.

Missouri has come under some criticism for its especially lax gun laws and scores an “F” by Giffords Law Center, an organization against gun control. In 2017, Missouri had the sixth highest gun death rate among the states, and it supplied “crime guns” to other states at a higher rate than the national average, due to the fact that the state exports more “crime guns” than it imports.

Missouri Gun Offenses

Below you’ll find a list of the different gun offenses in Missouri and the classes of charge you can receive for these offenses.

Class C Felony – a prison term not exceeding 7 years and a maximum fine of $10,000.

Class D Felony – a prison term up to 7 years or one 1 year in jail, and a maximum fine of $10,000.

Class A Misdemeanor – maximum jail time of 1 year and a maximum fine of $1,000.

Class B Misdemeanor – maximum jail time of 6 months and a maximum fine of $500.

Unlawful Possession of a Firearm: Class C Felony

A person is guilty of unlawful possession of a firearm if they have a firearm in their possession and they:

have been convicted of a felony under Missouri law, or another crime in the US that would be considered a felony within Missouri
are a fugitive
habitually intoxicated (alcohol or other substances)
adjudicated as a mental defective or have been committed to any mental institution
are an illegal alien
were dishonorably discharged from the armed forces
renounced their US citizenship
are subject to a restraining order from an intimate partner or child of an intimate partner
have been convicted of a misdemeanor domestic violence charge.

This does not apply to antique firearms.

A charge for unlawful possession of a firearm is a serious offense, and you should seek advice from a criminal defense lawyer as soon as possible.

Possession, Manufacturing, Transporting, Repair, or Sale of Specific Weapons and Ammunition: Class C Felony or Class A Misdemeanor

This can apply to weapons other than guns (such as explosives), but for the purpose of this guide, we will focus solely on the crimes relating to firearms. A person is guilty of committing a crime if they knowingly possess, manufacture, transport, repair, or sell:

Any bullet or projectile that explodes or detonates on impact due to an independent explosive charge
A gas gun
A machine gun
Any short-barreled rifle or shotgun
A silencer for a firearm

If you are found in possession of a gun while intoxicated you can be charged with a Class A misdemeanor. If you are found in possession with an unloaded firearm in a school facility you will be charged with a Class A misdemeanor. However, if the weapon is loaded the crime increases to a Class D felony.

Unlawful possession of a machine gun, short-barreled rifle, sawn-off shotgun, or silencer is a federal offense, and will be taken seriously. If you’ve made a mistake, a criminal defense lawyer will be able to get to work defending your case.

Unlawful Use of a Weapon: Class D Felony or Class B Misdemeanor

It is illegal to use weapons in certain ways in Missouri, and in specific circumstances. This pertains to guns in the following ways:

Setting a spring gun
Shooting a firearm into a home, car, boat, aircraft, or any structure in which people assemble
Angrily exhibiting a weapon in the presence of one or more people
Discharging a firearm within 100 yards of an occupied school, church or courthouse.

All of the above are Class D felonies, other than discharging a firearm within 100 yards of any occupied school, church, or court, which is a Class B misdemeanor. This also includes shooting a firearm across or along a public highway (any road), carrying a firearm into a church, into a precinct on election day, or into any government building.

Defacing a Firearm: Class A Misdemeanor

It is also a crime in Missouri to knowingly deface any firearm. This means that any action that destroys or renders any identifying marks (such as those made by a manufacturer or importer).

Fraudulent Purchase of a Firearm: Class D Felony

Illegally obtaining a firearm and fraudulent purchase happens when a person solicits, persuades, encourages, or otherwise persuades anyone to sell a firearm or ammunition when the buyer knows the transaction would violate the law.

This includes if you provide false information to attempt to purchase firearms. Anyone who attempts to use another person to buy prohibited firearms or provide a seller with false information also is guilty of the crime.

Firearms and Domestic Violence

If you need to know about Missouri domestic violence laws in regards to use of a deadly weapon, you should read our other guide: A Complete Guide to Missouri Domestic Violence Laws as it will be able to tell you the offenses and penalties for these charges. Missouri does not prohibit individuals convicted of a domestic violence misdemeanor from purchasing or possessing firearms or ammunition (though federal law does), nor does it require the surrender of firearms and ammunition by domestic abusers who are prohibited from possessing firearms and ammunition under federal law, or the removal of firearms at the scene of a domestic violence incident, though the attending offers may do so.

Do I Have to Report a Lost or Stolen Firearm?

No, in Missouri you are not required to report the loss or theft of a firearm, though in many cases it is smart to do so if you believe the firearm has been stolen.

What Should I Do if I’ve Received a Charge for a Gun Offense?

If you or someone you love has received any charge for a gun offense in Missouri you need a criminal defense lawyer on your side. An experienced criminal offense attorney will be able to act quickly to ensure your case doesn’t escalate further and advise you on what action to take next. Depending on the severity of your charge, your freedom to possess firearms or even your own freedom may be at stake.

We are experienced St. Louis criminal defense attorneys, and we’ll act quickly to advise you on your case in a free consultation, and then get to work on your case right away. Every one of our clients gets full personal attention and we are available 24 hours a day from the moment of arrest. We’ll work to get you the very best outcome, whether the case goes to trial or not. As experienced St. Louis criminal defense attorneys, we understand that mistakes happen, and we’re dedicated to ensuring they don’t take away your liberty.

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.