Drug cases encompass many different types of cases including trafficking and possession of a controlled substance.
There has been a trend lately away from prison for drug possession and toward diversion. This does not mean that drug cases aren’t prosecuted and that you do not need an attorney. Possession of a controlled substance is still a felony in Missouri for non-marijuana drugs. St. Louis City and County are emphasizing diversion.
I have argued for many years that drug addiction is a medical condition and if an addict is sent to prison or catches a felony conviction thanks to their addiction, they simply wind up an addict with a felony. This puts people already in a very difficult position in an even worse position.
Unfortunately, some circuits still treat addiction as a crime, but the trend is certainly toward treatment.
Some circuits including St. Louis City and St. Louis County have drug courts. The defendant may have the opportunity to avoid a felony conviction and probation by successfully completing drug court. These circuits are also developing other programs aimed at treatment of drug addiction, not punishment.
Still, you should have experienced counsel to help guide you through this maze.
If you or a loved one are facing possession of a controlled substance charge, call (314) 456-4567 to discuss.
- Class B Felony Distribution of Controlled Substance reduced to Class A Misdemeanor After initial counsel was unable to reach an agreement on a plea, I was hired to re-negotiate a better outcome. My client had been charged with a Class B felony distribution of a controlled substance. My client was accused of a minor role in a drug scheme, but under the law, was potentially liable the same as the other co-defendants. After negotiations, the State agreed to amend the charge to a Class A misdemeanor.
- 2 Counts of Class B Felony Possession with Intent to Distribute, 19 Counts of Class C Forgery, 2 Counts of Class D Fraudulently Obtaining a Prescription My client was facing a total of 23 felony counts in 5 different cases in St. Louis and St. Charles Counties. The State initially recommended significant prison time in both counties. The challenge of this case came from dealing with so many counts and two different jurisisdictions. After months of careful planning and negotiating, I worked out a deal with both counties for my client to serve a 120 day drug treatment program pursuant to RS.Mo. 559.115. This program, referred to as the Institutional Treatment Center (ITC), will help my client learn important life skills as well as provide drug treatment. Due to the sheer number of counts and the dollar amount involved in the forgery cases, my client should have expected to serve a significant amount of time in prison.
- Possession of a Controlled Substance My client was charged with possessing heroin. Because he had seven prior felonies including a nine year stint with the Missouri Department of Corrections, the class C felony could be charged up as a class A felony for sentencing purposes. This meant he was potentially facing life in prison. The State recommended 15 years. I requested and was granted probation for two years for my client.
- Possession of a Controlled Substance (heroin), Class C felony My client was charged with possession of heroin, a Class C felony with a seven year potential. The State recommended 3 years probation and five days shock incarceration. I pled my client blind (not pursuant to the State’s recommendation). The judge sentenced my client to a one year SIS (non conviction) and 48 hours community service.
- Trafficking My client was charged with possessing hundreds of pounds of marijuana with the intent on distributing. By agreement, the charge was amended to possession of a controlled substance and my client received an suspended imposition of sentence.