GETTING CHARGED WITH POSSESSION IN KANSAS CITY MISSOURI
April 26, 2016
So you've been charged with Possession, and I'm not talking about the demonic kind. So now, what do you do?
Well, the kind of charge you are dealing with (at least in Missouri) is going to depend a great deal on the drug you've been charged with. This falls into a few different areas, primarily based on the a set of "schedules." Schedule I are the most "dangerous" drugs. Things that either have no probability of abuse, addiction, and no recognized medical value. As the schedules increase in number they get less and less severe (II is worse than III, III is worse than IV, etc.).
Though, marijuana is a controlled substance, Missouri has slightly different laws on the possession and sale of marijuana than it does for other drugs (I will discuss that in a later post).
The statute that covers controlled substances Mo. Stat. Ann Section 195.017. If you clicked that link you will see that there are a huge number of substances listed in each Schedule.
Possession of a controlled substance without a medical prescription (not counting marijuana (under 35 grams) and synthetic cannabinoid) is going to be charged with a class C felony. That means you can be fined as much as $5,000 AND a year in jail. OR at the judges discretion at least two years in jail up to SEVEN YEARS IN PRISON.
If you get charged with sale or distribution to a minor, then you are looking at a class B felony, even if you didn't know you were trying to sell it to a minor. A class B felony means five to ten years in prison, along with fines, and really just generally ruining your life.
So, now that we know how serious these charges can be, what do you do about it?
Great question, thanks for asking! Well, you need to have a lawyer. That much should be obvious. The reason you want an attorney is because there may have been huge problems with the way that the police discovered the evidence or got it from you (or your vehicle/home). If the police violated your rights, you need to have an attorney keep that evidence out. An attorney also improves your bargaining position with the prosecutor. They know that you have an attorney and that you won't just be saying "guilty" without having really looked at the charges.
A better deal could result in the charge being dropped, not having to do jail time, unsupervised probation, or just a reduced charge so that you don't have to worry about this plaguing your record.
If you are a minor and you get caught with something on these lists (including marijuana) then you have to keep this stuff off of your record. Drug charges mean you don't get FAFSA, you don't get student loans, you don't go to college. Getting the court to drop the charge and to help you keep this off of your record is vitally important.
If you have some form of government services, then you might lose them if you are convicted of a drug charge.
Basically, you want to keep these off your record and you want an attorney to help you do it. Even if it means going to trial (which I personally enjoy). Having an attorney that is willing to go to trial on your case can also make a big difference.
At this point, I've probably rambled on long enough, get an attorney, keep these charges off of your record, and lets try and keep you taken care of, okay?
Oh, and if you did happen to be possessed by a demon you need an old priest and a young priest. . . and something borrowed and something blue(?) I think. Not really my area of expertise.
Good luck out there.