2 Drug Crimes | St. Louis Criminal Defense Lawyer | Missouri Federal Criminal Defense Attorney

Drug Crimes

What you may not know about drug paraphernalia charges

What exactly is considered drug paraphernalia?

You may have heard the word paraphernalia before, or maybe even seen it written on a ticket of a loved one or friend. Maybe you have even found yourself on the other side of a drug paraphernalia charge. One thing is for sure, these charges are serious and can have stern consequences. Lets define what drug paraphernalia really is.

The law defines drug paraphernalia as;  “all equipment, products, substances and materials of any kind which are used, intended for use, or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance or an imitation controlled substance in violation of sections.” (RSMO 195.233)

As you can see, the law is encompassing on what it holds as “paraphernalia.” Police do not think twice about what may or may not be paraphernalia. If they suspect any type of drug activity, they will search for drugs and relative paraphernalia and charge you with whatever they can. Even if the drugs or paraphernalia aren’t yours, if they are in your car, you are likely to be charged.

What penalties are associated with drug paraphernalia charges?

Drug paraphernalia charges are either a class A misdemeanor or a class D felony depending on what substance they were/are being used for. It is considered a class A misdemeanor for all controlled substances except amphetamine and methamphetamine, in which case it is classified as a class D felony.

Class A misdemeanors carry a potential sentence of up to one year in prison while class D felonies carry a potential sentence of up to four years in prison. Not only that, but a misdemeanor or felony charge on your criminal record can haunt you for the rest of your life effecting your ability to get an education or find employment.

Get experienced representation today!

If you or a loved one are facing charges related to drug possession or paraphernalia charges, you need an experienced drug defense lawyer to represent you and your future in court. John Schleiffarth has experience in fighting possession and paraphernalia charges in the St. Louis area and all across Missouri.

Police officers are known to tell people during arrests that the charges are not a big deal, or even that its just a ticket. They are just making the situation easier for themselves by acting like they are doing you a favor and buttering you up. Do not be fooled, these charges are serious. Get representation today and protect your future.

Tagged

The truth about marijuana possession in Missouri

What does the law say?

Lets get one thing straight, possession of marijuana is illegal in Missouri. Recently there has been talk in the news about the “Decriminalization” of marijuana in Missouri. This has some people confused and wondering what’s legal and what’s not. First we need to understand what the law states about the possession of marijuana, then we can look at what will change with SB 491.

Current law gives the following classifications about possession of marijuana:

  • Up to 35 grams. A violation is a misdemeanor, punishable with a fine of up to $1,000, up to one year in jail, or both.
  • More than 35 grams up to 30 kilograms. A violation is a felony, punishable with a fine of up to $5,000, up to seven years in prison, or both.
  • Trafficking between 30 and 100 kilograms. Someone who possesses, buys, or brings between 30 and 100 kilograms of marijuana into Missouri, is guilty of trafficking drugs in the second degree. A violation is a felony, punishable with a fine between $5,000 and $20,000, between five and 15 years in prison, or both.
  • Trafficking 100 or more kilograms. Someone who possesses, buys, or brings between 100 or more kilograms of marijuana (or more than 500 marijuana plants) into Missouri, is guilty of trafficking drugs in the second degree. A violation is a felony, punishable with a fine between $5,000 and $20,000, between ten years and life imprisonment, or both

What is SB 491 and what does it change?

SB 491 was a bill that was passed into law on May 13, 2014. The law however will not go into affect until January 1, 2017. Here is what the law states regarding possession of marijuana:

The offense of possession of more than ten grams but less than 36 grams of marijuana or any synthetic cannabinoid is a class A misdemeanor.

The offense of possession of not more than 10 grams of marijuana or any synthetic cannabinoid is a class D misdemeanor. If the defendant has previously been found guilty of any offense to the laws related to controlled substances of this state, or of the United States, or any state, territory, or district, the offense is a class A misdemeanor.

Currently, the law states that anyone found with up to 35 grams of marijuana may be charged with a class A misdemeanor. The new law states that if someone is found in possession of not more than 10 grams of marijuana they may be charged with a class D misdemeanor with no possibility of jail time. However, this only applies to those with no prior offenses related to controlled substances.

In the end, not much has changed in Missouri law regarding possession of marijuana. It is still a serious charge that can have serious effects on your future. If you have been charged with possession of marijuana, you need a experienced criminal defense attorney like John Schleiffarth to help you. Do not wait until it is too late, get representation from a St. Louis drug defense attorney today.

Source: moga.mo.gov

Tagged

Man Charged After Allegedly Transporting 300lbs of Marijuana

300 lbs seized marijuana missouri

300 lbs seized marijuana missouri

A Georgia man was pulled over for a routine traffic stop in Missouri. Police say after he consented to the search of his vehicle, they allegedly found 300lbs of marijuana hidden. The man was later charged with 1st Degree Drug Trafficking. If convicted, the man could face up to 30 years in prison.

Law enforcement agencies in Missouri have become aggressive in searching vehicles during traffic stops. Everyone who is asked to submit to a search of their vehicle has certain rights, and law enforcement must honor these rights and follow specific procedures in order to legally perform a search.  A St. Charles lawyer with experience in traffic stops leading to drug related charges will know exactly what to look for when studying a case like this. John Schleiffarth of JCS Law may be able to help you or someone you love fight Drug Trafficking charges in Missouri.

Source:  ksdk.com, “300 lbs. of hidden weed found during I-44 traffic stop” March 22, 2014.

Tagged ,

Mizzou Basketball Players Arrested For Possession Of Marijuana

Police pulled over a car with 4 individuals inside just after 11:32 pm because a light was out over the rear license plate. The officer states he smelled a strong odor of marijuana. Cigarettes found in the car allegedly field tested positive for marijuana. All for people in the car were arrested, issued summons and released.

Three of the men arrested during the traffic stop were basketball players for The University of Missouri. Allegations like these could lead to charges and sentences that could not only affect the immediate eligibility of these student athletes, but could also affect their future academic and career plans.

Charges such as Possession of Marijuana are serious charges that can have serious ramifications for college students and athletes. If you or someone you love has been caught with weed, you need an experienced defense lawyer to represent you. A St. Louis Drug defense lawyer like John Schleiffarth of JCS Law may be able to help you get charges reduced or even dropped.  These cases can involve illegal search, unlawful stops, drug dogs and overly aggressive cops. JCS Law can boldly and aggressively defend you and attack the State’s case against you.

Source:  Columbia Daily Tribune, “Clark, Rector suspended after marijuana arrest,” Steve Walentik, March 17, 2014.

 

Tagged ,

Over 1 million dollars in cocaine seized with money and weapons

cocaine, money and weapons on tableA St. Louis man and woman were arrested yesterday for possession of drugs, money and a weapon. Police allege they were in possession of 45 kilograms of cocaine, $20,000 and weapon. The cocaine was valued at 1.125 million dollars.

Police documents report that the couple was caught making a suspicious transaction and were followed to a nearby parking garage where police say they searched the car.

These individuals could face serious prison sentences for the crimes they are alleged to have committed. People facing criminal charges similar to these individuals may be able to avoid lengthy prison time by hiring a quality St. Louis criminal defense attorney. John C. Schleiffarth of JCS Law is an aggressive defense lawyer that fights hard for his clients facing drug charges.

Source: ksdk.com, “St. Louis police seize 45 kilograms of cocaine, $20K”, February 7, 2014

St. Louis Woman gets prison sentence in overdose death

Heroin and syringeA St. Louis woman plead guilty to involuntary manslaughter charges on Monday for her part in providing heroin to a man who later died of an overdose.

Police reports show that the woman delivered heroin and a syringe to a Troy, Missouri hotel where the deceased injected himself. Toxicology reports showed that he died from an overdose.

Prosecutors also charged her with distribution of a controlled substance.

Charges involving the sale or distribution of heroin are serious matters that can lead to hefty prison sentences. JCS Law fights heroin related charges. St. Louis criminal defense attorney John Schleiffarth boldly represents those accused of drug related offenses.

Source: stltoday.com, “Moscow Mills woman pleads guilty in heroin overdose death, gets 10 years”, February 03, 2014

Woman facing drug and murder charges after another woman dies of overdose

A Ralls County Missouri woman faces three felony charges in her connection with the death of a 47 year old woman also from Ralls County.

Allegedly the defendant delivered heroin to the home of the woman, and in the perpetuation of the felony, the woman was killed by heroin overdose. As a result, the accused woman is being charged with I Delivery of a controlled substance, a Class B felony; II Involuntary manslaughter in the first degree, a Class C felony; and III Murder in the second degree, a Class A felony.

If you or someone you love is being charged with serious crimes such as these. You need an aggressive attorney to represent you boldly. Laws regarding the distribution of drugs and death(s) as a result of those drugs are complicated. You need an attorney with experience in handling and winning these types of cases. A quality St. Louis Criminal Defense Lawyer may be able to help you get charges dropped.

Source: Hannibal Courier-Post, “Schalk facing felony murder in the second degree charge”, Mary Lou Montgomery, January 8, 2014

Tagged ,