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While drug laws are hotly debated and some states have legalized or decriminalized certain drugs, the use, possession, and sale of drugs continues to be illegal in Missouri. Local prosecutors take drug charges very seriously, and a drug conviction is disqualifying in many fields of employment and can also lead to not being approved for apartment applications. The life-changing consequences of a drug charge can continue long after any sentence is served and the fines are paid.
In Missouri, most drug charges are related to possession. This means that a person had drugs either on their person or somewhere that they controlled such as a house or vehicle. Possession charges can be either felonies or misdemeanors depending on the amount of drugs.
Those found with larger amounts of drugs will typically be charged with possession with intent to sell. This usually means a serious felony charge, and the amount of drugs alone is enough to create a presumption of intent to sell no matter why the person says they had the drugs. Defeating this presumption without experienced counsel is incredibly difficult.
The most common defense to drug charges is that the police only found the drugs because of an illegal search. The Fourth Amendment requires that police have probable cause or consent before they can conduct a search. If they don’t have either but conduct a search anyway, anything that they find is usually inadmissible in court. In drug cases, this almost always results in dismissal. Other defenses such as that the drugs were not in the arrested person’s possession or that the substance that the police recovered wasn’t actually illegal drugs may also be available.
For an experienced criminal defense attorney who can fight your drug charges, contact Larry Catt Law Office in Springfield, Missouri.
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Larry Catt Law Office, LLC