Additional Links
- Missouri Drug Charges and Possession Defense Attorney
- What to Do If You're Charged With a Drug Crime in Missouri
- The Ultimate Guide to Marijuana Traffic Stops in Missouri
- K-9 Units and Drug Charges: What You Need to Know
- Arrested for a Drug-Related Crime? Know Your Miranda Rights
- Missouri Criminal Defense Resources
Drugs in Vehicles in St. Louis, MO: Know the Facts
Being charged with drug possession in a vehicle can have life-altering consequences. Even if the drugs do not belong to you, Missouri law allows for "constructive possession," meaning you could still face criminal charges. If you were arrested for drugs in a vehicle, you need an experienced criminal defense lawyer to protect your rights.
Protect your freedom and future at Combs Waterkotte. Contact one of our lawyers today at (314) 900-HELP.
Missouri’s Drug Possession Laws and Penalties
Missouri law, specifically MO Revised Statute §195.010 (38), lays out how the state defines possession. In simple terms, possessing a controlled substance means that you know you have drugs and have control over them in some way.
- You have actual possession if the drugs are on you (like in your pocket) or close enough for you to easily access and control (like in your car's cupholder).
- You have constructive possession if the drugs aren't directly on you, but you still have the power and intention to control them (like if they're in your glove box or hidden in your house).
- Possession can be sole (just you) or joint (shared with someone else). If multiple people have access and control, everyone can be charged with possession.
This means you can be charged even if the drugs belong to someone else. For example, if a friend left a controlled substance in your vehicle without your knowledge, and police later discovered it during a traffic stop, you could still face drug possession charges.
According to MO Revised Statute §579.015, drug possession penalties in Missouri vary based on the type and quantity of the substance:
- Possession of a Controlled Substance: Class D felony, punishable by up to seven years in prison.
- Marijuana Possession (10-35 grams): If you are under 21, a class A misdemeanor, carrying up to one year in jail and a $2,000 fine.
- Marijuana Possession (10 grams or less): If you are under 21, a class D misdemeanor, punishable by a maximum $500 fine.
- Intent to Distribute: Felony charges with severe penalties depending on the drug type and amount.
- Drug Paraphernalia Possession: Misdemeanor, with fines up to $500.
Beyond fines and jail time, a conviction can impact your future, including job opportunities, professional licenses, and even your ability to own a firearm.
Common Defenses for Drug in a Vehicle Charges in St. Louis, MO
Many drug possession charges in vehicles rely on constructive possession, meaning the prosecution must prove you had control over the drugs. At Combs Waterkotte, we build strong defenses based on your unique case. Common defenses include:
- Lack of Knowledge: If you were unaware that drugs were in your vehicle, the prosecution must prove you had intentional possession.
- Unlawful Search and Seizure: If law enforcement searched your vehicle without probable cause, a warrant, or your consent, the evidence may be thrown out.
- No Probable Cause for the Stop: If police stopped you without a valid legal reason, any evidence obtained may be inadmissible in court.
- Drugs Belonged to Someone Else: If multiple people had access to your vehicle, it can be difficult for the prosecution to prove the drugs were yours.
Every case is unique. Our legal team thoroughly analyzes the details of your arrest to build the strongest possible defense strategy.
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What to Do If You’re Pulled Over and Suspected of Drug Possession in St. Louis
What you do and say during a traffic stop can impact the outcome of your case. If police suspect drugs in your vehicle, follow these steps:
- Stay Calm and Composed: Do not argue with the officer. Keep your hands visible and remain respectful.
- Do Not Consent to a Search: You have the right to refuse a vehicle search unless officers have probable cause, a warrant, or your consent. Do not give them consent.
- Exercise Your Right to Remain Silent: Do not answer questions about the presence of drugs. Anything you say can be used against you. Police are legally allowed to lie to you, even about the charges you may be facing.
- Ask for an Attorney: If you are arrested, request a lawyer immediately and do not make statements without legal representation.
Following these steps can help protect your rights and limit the prosecution's ability to build a case against you.
Why You Need an Experienced St. Louis Drug Possession Lawyer
Drug possession cases involving vehicles can be complex. Proving constructive possession, challenging unlawful searches, and negotiating with prosecutors requires an aggressive legal strategy. At Combs Waterkotte, we have successfully defended numerous clients against drug-related charges in Missouri.
If you or a loved one has been charged with drug possession in a vehicle, do not wait to get legal help. Contact us today for a free case evaluation and let us fight for your rights.
Call (314) 900-HELP or contact us online now for a free consultation.
