Being charged with drug possession in Missouri can feel overwhelming, but you don’t have to face it alone. With the right legal defense, you may be able to challenge the charges and protect your future. Missouri law allows for various defenses to drug possession allegations, and working closely with an experienced attorney can make all the difference.
How Missouri Defines Drug Possession
Before diving into potential defenses, it’s important to understand what "possession" means under Missouri law. Possession refers to knowingly having control over a controlled substance. This could mean having drugs on your person, in your belongings, or in a location you have control over, such as your car or home.
However, to convict you, the prosecution must prove beyond a reasonable doubt that:
- You were in possession of the drug.
- You knew you had possession of it.
- You were aware that the substance in question was illegal.
Given these requirements, a defense often focuses on challenging these key elements of the case.
Potential Defenses to Drug Possession Charges
1. Unlawful Search and Seizure
The Fourth Amendment of the U.S. Constitution protects you from unlawful searches and seizures. If law enforcement obtained evidence against you without a valid warrant or probable cause, that evidence may be inadmissible in court. For example:
- Did police search your car or home without a warrant or justified reason?
- Did they stop you on the street without probable cause?
If your rights were violated during a search, your attorney can file a motion to suppress the evidence collected, which can lead to dismissal or reduction of charges.
2. Lack of Knowledge
To be convicted of drug possession, the prosecution must prove that you knew the substance was in your possession and that it was illegal. If you were unaware of the drug’s presence, this could be a valid defense.
For instance, if you borrowed a friend's car and were unaware there were illegal substances stored in the glove box, your lack of knowledge can be used to challenge the charges.
3. The Substance Wasn’t Controlled
Not every substance is illegal or considered a controlled substance under Missouri law. If the prosecution cannot prove that the item in question is, in fact, an illegal drug, the charges may not hold up.
Testing errors or contaminated evidence can play a role in raising this defense, which is why working with an attorney who can examine the evidence is crucial.
4. Drug Belonged to Someone Else
Possession charges often hinge on the prosecution's ability to demonstrate that the drugs actually belonged to you. Just because drugs are found near you or in your vicinity does not mean they were yours.
For example, if drugs are discovered in a shared space, like a car or an apartment, it may not be clear who they belong to. This defense can cast doubt on whether you had ownership or control.
5. Entrapment
Entrapment occurs when law enforcement officers induce someone to commit a crime they would not otherwise commit. If you can show that the police persuaded or coerced you into possessing drugs, you may have a valid defense.
For instance, if an undercover officer pressured you into accepting drugs or participating in a drug-related activity, this could be used as a defense.
6. Chain of Custody Issues with Evidence
The prosecution must properly handle and document evidence from the time it is collected to when it is presented in court. If there are gaps in this chain of custody, the integrity of the evidence can be called into question.
For example:
- Was the evidence tampered with?
- Could it have been mislabeled or mixed up with another case?
Your attorney can carefully scrutinize how the evidence against you was collected and processed to determine if mistakes were made.
7. Medical Usage (for Certain Substances)
Missouri law now allows for the medical use of marijuana under regulated conditions. If you have a valid medical marijuana card and are in compliance with the state’s regulations, this could serve as a defense against possession charges related to marijuana.
Drug Possession Attorney in St. Louis to Protect Your Rights
Every drug possession case is unique, and the best defense will depend on the specific details of your situation. An experienced Missouri criminal defense attorney will carefully review all aspects of your case, including the evidence, police reports, and witness statements, to identify weaknesses and opportunities to challenge the charges.
At The Hammer Law Firm, LLC, we have a team of St. Louis drug possession attorneys with more than 60 years of collective experience dealing with criminal law. By analyzing the details of your arrest, evidence collected during discovery, and studying the probable moves of the prosecution, we can construct a defense that works towards an optimal case resolution for you.
If you’re facing drug possession charges in Missouri, don’t wait to seek legal help.
Reach out to us today at (314) 334-3807 for a free, confidential consultation. We’ll guide you every step of the way and fight tirelessly to protect your rights.