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O’Fallon, MO

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Last Updated: January 15, 2025

Drug crimes lawyer in O’Fallon, MO.

When you’re facing drug crimes in O’Fallon, MO, the stakes couldn’t be any higher. No matter if it’s a misdemeanor possession charge, a felony trafficking offense, or even a federal drug crime, the consequences can be severe and long-lasting, if not permanent—including hefty fines, lengthy prison sentences, a criminal record, as well as the accompanying personal stigma. But with an experienced O’Fallon, MO drug crimes lawyer by your side, you don’t have to face these challenging times alone.

Don’t leave your future to chance. Call Combs Waterkotte as soon as possible at (314) 900-HELP or reach out online to schedule a free, confidential consultation. Our experienced criminal defense attorneys in O’Fallon, MO are committed to defending your rights, protecting your freedom, and safeguarding your future.

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Drug Charges in O’Fallon, MO? Trust a Team That Delivers Results

Your future is far too important to gamble with an inexperienced attorney in the O’Fallon, MO area. Missouri continues to enforce some of the harshest drug laws in the nation, even with recent changes like partial marijuana decriminalization. Prosecutors are relentless in their pursuit of convictions, but at Combs Waterkotte, we’re even more relentless.

The Combs Waterkotte legal team has more than 40 years of experience and has successfully handled over 10,000 cases in the following fields and more throughout Missouri and the O’Fallon, MO area:

Drug Crimes Lawyer O'Fallon, MO | Criminal Defense Attorneys in O'Fallon, MO | Combs Waterkotte

Drug Crimes Lawyer in O’Fallon, MO: What Determines the Severity?

The seriousness of the penalties you face—whether it’s a misdemeanor or felony—depends on several factors, including:

A conviction for drug crimes in O’Fallon, MO, has consequences that go far beyond fines or prison time. These long-term effects include:

  • Severely limiting your career opportunities.
  • Difficulty securing housing or obtaining loans.
  • Hurting your reputation within your O’Fallon, MO community.
  • Result in the loss of professional licenses and the ability to acquire one in the future.

Drug Crimes Lawyer in O’Fallon, MO: Missouri’s Controlled Substances & Penalties

In Missouri, the severity of drug crimes is tied to the state’s classification of controlled substances, as defined under Missouri Revised Statute § 195.017. These schedules, organized by the Missouri Department of Health and Senior Services, outline potential penalties based on the drug’s category:

  • Schedule I: These drugs, including heroin, LSD, MDMA, hallucinogenic mushrooms, and the like, have no accepted medical use and the highest potential for abuse, resulting in the most severe penalties.
  • Schedule II are narcotics, stimulants, and the like that have a high potential for abuse and have an accepted medical use (even if severely restricted). They include cocaine, opium, oxycodone, methamphetamine, vicodin, fentanyl, and morphine.
  • Schedule III drugs can lead to moderate or low physical dependence or high psychological dependence, and have a currently accepted medical treatment, including weight loss drugs, stimulants, antidepressants, and anabolic steroids.
  • Schedule IV and Schedule V substances, which include prescription drugs like Valium, Xanax, Tramadol, Robitussin AC, Motofen, and Lyrica, are considered to have a lower potential for abuse and dependence.

Penalties for Possession

Possession of any controlled substance in O’Fallon, MO, apart from marijuana or synthetic cannabinoids, is a class D felony in Missouri, which can result in up to 7 years in prison. For marijuana or synthetic cannabinoids, possessing between 10 and 35 grams is classified as class A misdemeanor, punishable by up to 1 year in jail. If the amount exceeds 35g, the charge is a class D felony.

Penalties for Sale or Delivery

Delivery of a controlled substance is a class C felony, punishable by 3-10 years in prison, unless you deliver to a:

  • Protected Location: You face a class A felony—10 to 30 years or life in prison—if you knowingly distribute, sell, or deliver within 2,000 feet of a school or 1,000 feet of a park.
  • Minor: You face a class B felony if the recipient is younger than 17 and at least 2 years younger than you or you knowingly permit a minor to purchase or transport illegally obtained controlled substances.

Penalties for Trafficking

Missouri has two degrees of drug trafficking:

  • First-Degree Drug Trafficking is a class B felony, punishable by 5-15 years in prison, when involving:
    • Over 10 milligrams of fentanyl
    • Over 30 grams of heroin
    • Over 8g of cocaine
    • More than 30g of methamphetamine

    If larger quantities are involved, the charge is elevated to a class A felony, such as:

    • 20mg or more of fentanyl
    • 90g or more of heroin
    • 24g or more of cocaine
    • 90g or more of methamphetamine
  • Second-degree trafficking is a class C felony when the drugs involve:
    • More than 10mg of fentanyl
    • Over 30g of heroin
    • More than 30 kilograms of marijuana
    • More than 30g of methamphetamine

    When quantities exceed the thresholds below, the charges is elevated to a class B felony:

    • 90g or more of heroin
    • 24g or more of cocaine
    • 100kg or more of marijuana
    • More than 500 marijuana plants
    • 20mg or more of fentanyl

    Drug Crimes Lawyer O'Fallon, MO | Criminal Defense in O'Fallon, MO | Combs Waterkotte

    Drug Crimes Lawyer in O’Fallon, MO: Building a Strong Defense for Your Case

    If you’ve been charged with any of the above drug crimes in O’Fallon, MO, you need to speak with a knowledgeable lawyer as soon as possible. Give a drug crimes lawyer at Combs Waterkotte a call right away at (314) 900-HELP or reach out online to discuss the specifics of your case.

    Drug crime penalties in O’Fallon, MO are severe, but we know how to scrutinize every detail of your case to uncover weaknesses in the prosecution’s arguments. While every case is different, here’s how our drug crimes attorneys can help build a robust defense strategy:

    Fighting Illegal Search and Seizure

    The Fourth Amendment protects against illegal searches and seizures. If evidence was gathered without probable cause or a valid warrant, we’ll fight to have it suppressed. This can significantly weaken the case against you and may even lead to a reduction or dismissal of charges.

    Disputing Possession

    To convict on possession charges in O’Fallon, MO, the prosecution must prove you had control of the drugs. When substances are found in a shared area or their ownership is uncertain, we’ll challenge the claim that they belonged to you. Missouri law differentiates between two possession types:

    1. Actual Possession: This means that you had actual physical possession of a drug, whether in your hand, pocket, car, etc.
    2. Constructive Possession: While you may not have actual physical possession of a drug, you might have knowledge of and control of where the drugs are located, along with both the power and intention of physically possessing the drug at some time in the future.

    Arguing Lack of Knowledge

    Under Missouri law, the prosecution is required to show that you knowingly possessed or distributed drugs. Our lawyers can work to prove that you were unaware of the drugs’ presence—whether they could have been placed in your vehicle, home, or property without your knowledge.

    Highlighting Breaks in Chain of Custody

    For evidence to be admissible in court, it must have an unbroken chain of custody. Any errors or mishandling of evidence during its collection, transport, or storage could lead to it being excluded from the case. This is particularly important in O’Fallon, MO drug crimes and DWI/DUI cases.

    Insufficient Evidence

    The prosecution has the burden to prove your beyond a reasonable doubt in O’Fallon, MO. If the case relies on circumstantial evidence or lacks direct proof tying you to the alleged crime, your attorney can argue the evidence is insufficient to convict.

    Duress or Coercion Defense

    If threats or intimidation forced you to commit the alleged offense, a defense of duress may apply in O’Fallon, MO. Similarly, coercion due to an imminent threat of harm could justify your actions and mitigate your culpability.

    Drug Crimes Lawyer in O’Fallon, MO: How Combs Waterkotte Builds a Strong Defense

    Our attorneys leverage decades of experience, a large network of experts, and a deep understanding of Missouri’s drug laws to craft a compelling defense. Here’s how we work to secure the best possible outcome in O’Fallon, MO:

    • Comprehensive Case Investigation:
      Our O’Fallon, MO attorneys meticulously review every detail, from police reports to witness statements, to identify inconsistencies or oversights that could weaken the prosecution’s case.
    • Evidence Assessment:
      Was proper procedure followed during your O’Fallon, MO arrest and investigation? We’ll challenge any unlawfully obtained evidence to make sure your rights are protected.
    • Negotiation with Prosecutors:
      Occasionally, the ideal outcome is reached outside the courtroom. Our lawyers work diligently to reduce charges, negotiate plea bargains, or secure alternatives to jail time, like probation, drug courts, or treatment or diversion programs However, you always get to make the final decision.

    Drug Crimes Lawyer | O'Fallon, MO Criminal Defense Attorneys | Combs Waterkotte

    Drug Crimes Lawyer in O’Fallon, MO: Why Choose Combs Waterkotte?

    When you hire Combs Waterkotte for your O’Fallon, MO drug crime defense, you’re choosing a firm that prioritizes results and personalized care. Here’s what sets us apart:

    • Proven Strategies: We’ve built a solid reputation in O’Fallon and across Missouri for successfully defending drug crime cases.
    • Consistent Updates: We provide regular updates and make sure you’re fully informed throughout the legal process in O’Fallon, MO.
    • Tailored Defense: We treat every O’Fallon, MO case with the urgency and care it deserves. You’re never on the backburner.

    When choose Combs Waterkotte for defense of drug crimes in O’Fallon, MO, you aren’t just choosing a top-rated drug crimes lawyer in O’Fallon, MO and beyond – you are safeguarding your rights, your freedom, and your future. In addition to expert defense from our experienced drug crimes attorneys, our legal team is available 24/7 and provides expertise in the following areas for residents in O’Fallon and beyond:

    Charged With a Drug Crime in O’Fallon, MO? Contact Combs Waterkotte Now

    Your freedom and future are on the line, but with a skilled legal team, you can take control of your defense. A knowledgeable Combs Waterkotte drug crimes lawyer in O’Fallon, MO can help you navigate the complexities of your case and work toward the best possible outcome. Time is critical—act now to protect your rights.

    Call Combs Waterkotte right now at (314) 900-HELP or reach out online for a free consultation with one of our dedicated drug crimes lawyers in O’Fallon, MO.

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