Possession of Drugs (marijuana, cocaine, heroin)

If you've been arrested on a drug charge in Missouri or arrested for drug possession in Kansas, you need  a team of smart criminal attorneys to help you navigate your way thru the system, avoid the landmines, and take advantage of the potential opportunities that may exist for you.  Whether there is problem with an illegal search and seizure, lack of probable cause, or some other problem with the state’s case, you need a team of criminal lawyers that will discover such problems and file a motion to suppress on the District Attorney to protect your rights. Drug possession is a serious criminal charge that can have severe outcomes if not handled carefully. We know the Missouri criminal statutes in depth, and what it takes to beat a possession charge.

Missouri charges
Most drug possession charges in MO are considered a Class C Felony, which has a maximum penalty of 7 years in jail, and a $5000 fine, with the exception of marijuana possession of less than 35 grams, which is a Class A Misdemeanor, punishable by up to a year in jail and a fine of $1000.   There are some jurisdictions in Missouri that have special courts set up to specifically deal with drug cases (i.e., Jackson County) and have programs that may be available for first time offenders to allow them to keep their records clean and stay out of jail.  The judicial system wants to encourage Defendants to deal with their drug problems so they will not reoffend and have a second or third offense.  Call us to see if you qualify or if we can present your case in such a way to get you into a program.
Kansas drug charges
Kansas has some very specific sentencing guidelines in dealing with drug cases.  The type of drug along with the amount, and the number of priors is what determines how you may be sentenced.

Substance	Classification	Penalty
Possession of opiates, narcotics, or stimulants (amphetamines)	Drug Severity Level 4 Felony	up to 3 1/2 years in prison, $100,000 fine
Possession of marijuana, other stimulants, depressants, hallucinogens (LSD, acid, psilocybin) or  anabolic steroids	Class A non person Misdemeanor	First Offense: up to 1 year in prison, $2500 fine. Second Offense: up to 3 1/2 years in prison, $100,000 fine
Possession drug paraphernalia	Class A non person Misdemeanor	First Offense: up to 1 year in prison, $2500 fine. Second Offense: up to 3 1/2 years in prison, $100,000 fine

If you are charged with selling marijuana or intending to sell marijuana, you are looking at some very serious potential penalties and jail time.  You may be looking at a potential prison sentence of 14-51 months or the next 4 years of your life behind bars and a felony record.  Moreover, if you were caught within 1,000 feet of a school your potential sentence increases even further to 46-83 months. The school does not have to be in session and children do not have to be present to elevate the sentence to this level, and you are not required to even realize that you are within a school zone.
In a drug possession case, the state must prove not only that the substance they found on you was illegal but also that you actually possessed it.  This can be a particularly daunting task when the drugs were supposedly found in your possession in a car, after being pulled over.  Was it your car?  Was it in the glove box of the car?  Was it under the passenger’s seat?  All these questions come into play in determining whether you were actually in “possession of drugs”.  Call The Criminal Lawyers of  Kopecky Law, P.A. today for a free consultation and we can listen to your side of the story and let you know what kinds of defenses we see you in your case.
Whether  you've been arrested for possession of marijuana, heroin, cocaine, ecstasy, meth, mushrooms, or any other drug, give us a call. There are a number of possible defense motions to defend against a drug possession charge in Missouri or a drug charge in Kansas. Our firm handles all Missouri and Kansas drug related charges, including possession, intent to distribute or sell, paraphernalia, conspiracy to violate drug laws, and any other drug related charges.