Drug Crimes

Facing a drug crime allegation?
If you have been accused of or charged with a drug crime of any kind - it is critical that you get an experienced criminal defense attorney on your side as soon as possible. You need an attorney who is familiar with the prosecutors, judges, and, most importantly, familiar with criminal defense. Your attorney should have enough experience to recognize all of the defenses available to you and use those defenses to fight for your rights to ensure that you get the best possible outcome in your case. 

Types of Drug Offenses
All drug crimes are unique and have many different complex circumstances, which may lessen or heighten the severity and numbers of offenses. Drug crimes are one of the most common criminal offenses, and in Missouri, there are many types of offenses someone may be charged with in relation to drugs:

  • Possession: having an illegal substance (any narcotics, including marijuana) on your person or within property or space you privately control.
    • Possession with Intent: if the illegal substance is in a substantial quantity, the investigators can conclude that you intended to sell or distribute the illegal substance. The investigator does not need other evidence of your intent to sell or distribute it, showing that it was too large for personal use can be used to show that.

  • Distribution: this is essentially the blanket offense for selling, moving, or distributing an illegal substance. 
    • Trafficking: this charge could be escalated to drug trafficking if the quantities are large, or if the substance crosses state or international borders. 
    • Prescriptions/Over-the-Counter Drugs: even though these substances are legal, you could still be charged with distribution if you are selling, moving, or distributing them through an illegal channel.

  • Manufacturing: attempting to create or actually creating an illegal substance.
    • Cultivation: illegal growth and harvesting of a plant-based narcotic (e.g. marijuana)

  • Prescription drug fraud/crimes: using a prescription drug in any way other than what your doctor has prescribed can constitution a prescription drug crime, this includes:
    • taking over the recommended dosage
    • combining the recommended dosage with other drugs/alcohol
    • giving/selling your own prescription to someone else
    • traveling with your prescription in an improperly labeled container/without a container

Substance Involved
Due to America’s war on drugs, the general public tends to be very critical of the dangers of drugs within their community - consequently, all drug charges have inherently harsh punishments. However, all drugs are viewed a little differently by the public, the prosecutor, and the judge; to name a few:

  • Marijuana: in recent years the public has become less critical of this natural plant due to its legalization in some states. However, it is still very much illegal in Missouri, so many prosecutors and judges will still refuse to be very forgiving 
  • Prescriptions: this has been a tricky one to catch, because the substance in itself is legal. However, the opioid epidemic has become very prevalent in the United States and law enforcement and prosecutors are now trying their best to put an end to prescription drug abuse when they do catch it.
  • Cocaine/Heroin: any drugs which are highly addictive and extremely dangerous such as these will be vigorously pursued because public safety is of concern.
  • Methamphetamines: methamphetamines have become a huge issue in Missouri, and they are pursued very aggressively by law enforcement and prosecutors alike.
  • Even possessing the chemicals used to manufacture methamphetamine could amount to serious consequences.

Previous Offenses
Multiple convictions can lead to much more severe punishments, and it is imperative that you contact an attorney immediately if you have any previous offenses. In Missouri, prior offenses can cause your current offense to get bumped up to a more severe level of the offense, which could lead to more jail time and fines. The more prior offenses you have, the more severe your punishment will likely be:

  • Prior Offender: pleaded guilty or has been found guilty of one felony 

  • Habitual Offender:
    • Persistent misdemeanor offender: pleaded guilty or has been found guilty of two or more Class A or B misdemeanors committed at different times
    • Persistent offender: pleaded guilty or has been found guilty of two or more felonies committed at different times

Prosecutors and judges alike hope that you learn from previous run-ins with the law; they do not like to see repeat offenders coming back to court for the same or similar crimes. The sympathy of the prosecutors and judges for drug crimes will largely depend on the offense, the substance involved, and prior criminal history. An experienced criminal defense attorney will know how to defend you on all three fronts.

Serving Missouri and Illinois

Vanessa Antoniou has succesfully represented thousands of clients in Missouri and Illinois.