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Drug Charges

General Information

Drug charges in Missouri range from infractions to misdemeanors and serious felonies.  Each case is unique, but charges and potential punishments are usually determined by the types and/or quantities of drugs (and paraphernalia) that are seized by law enforcement.  Drug cases can arise in many different ways, including personal contact, traffic stops, informant tips, and drug task force investigations.  They almost always involve searches by law enforcement, the legality of which is usually one of the issues in a proper defense. Drug cases also involve scientific testing by law enforcement to attempt to identify a substance as an illegal drug.  We study the science used by law enforcement agencies, such as gas chromatography-mass spectrometry (GC-MS), and put that knowledge to work for you by identifying false-positive test results, improper lab techniques, and other potential defenses.

Search and Seizure

Unless a person volunteers to hand a potentially illegal substance to an officer, which is never advisable, a search may have to be performed to determine its presence.  Searches can come in a variety of forms, some of which are legal, and some which may violate a subject’s Fourth Amendment right to be free from unreasonable search and/or seizure.  In a traffic stop, for instance, an officer might ask a driver for consent to search the vehicle.  In this case, unless the driver (or occupant/owner) is on probation or parole and has agreed to consent to requests for searches from law enforcement, the driver is under no obligation to consent to the search.  Each scenario is different, but that officer may still perform a legal search incident to arrest or may request a warrant to search the vehicle or its occupants.  These fact patterns can become very complicated and none are alike, so if you’ve been searched by law enforcement and have been charged with drug possession, you’ll need a capable defense lawyer to navigate an appropriate defense.  You can be sure that we’ll analyze your case thoroughly to determine all potential defenses from illegal searches and seizure, and since we do free case evaluations, it doesn’t cost anything to find out if you’ve been subject to an illegal search!

Scientific Testing

Before the government can properly convict a defendant of possessing a controlled substance, it has the burden of proving what the substance is.  To do that, law enforcement relies on scientific testing.  In a typical drug possession case, any substance law enforcement believes to be illegal is field tested, then sent into the Missouri State Highway Patrol lab for additional scientific testing.  Usually, field testing procedures are used for probable cause purposes only.  Field tests aren’t as reliable as lab testing, so samples of seized substances are tested after arrest, but before trial.  Most often, we encounter testing using GC-MS, which is shorthand for gas chromatography-mass spectrometry – and it’s as complicated as it sounds.  We study the testing procedures and methods used by law enforcement to determine the presence of illegal substances in a sample, and as a result, we can review the testing procedures to find flaws or inconsistencies in the results.  You have the constitutional right to confront any evidence or witness against you in a case, so in some cases experts are used to controvert the state’s lab testing evidence.  Let us help you determine if there are potential problems with the testing procedures or lab results in your drug case.  Don’t settle for anything less!

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