St. Louis Drug Trafficking Lawyers
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Federal Crime Defense Attorneys Serving St. Louis, MO
Drug trafficking is a serious crime that refers to the selling, transporting, and illegal import of controlled substances, usually in large amounts and including drugs like:
- Marijuana
- Heroin
- Cocaine
- Prescription pills
According to a 2003 report by the United Nations, the global drug trade is estimated to be worth a staggering $321.6 billion.
A drug trafficking charge is a felony and may carry with it prison time ranging from five years to life depending on:
- The amount of the drug
- The type of drug
- Previous criminal history
If an individual is found to have a significant enough quantity of drugs in their possession, they may still be charged with drug trafficking if law enforcement believes they have an intent to sell. If you have been arrested and accused of drug trafficking, you may be facing severe penalties that could affect the rest of your life.
Contact JMH Law Firm, LLC without delay – every moment you wait could diminish your chances to secure a favorable outcome for your case.
Federal Schedules for Controlled Substances
The federal government has created schedules to classify various types of drugs according to their risk for dependency and abuse. Schedule I drugs have the highest potential for abuse, and carry the highest penalties if a person is charged with their manufacture, distribution, or possession. They include heroin, marijuana, psilocybin, ecstasy, and more. Schedule V drugs have widely accepted medical uses and carry the least risk of physical dependency compared to the previous 4 schedules, but distribution of these types of medications can still qualify for a drug trafficking charge. These include medications containing codeine, sleep aids, and more.
Under Missouri law, an individual can be charged with a Class A felony offense if they are caught distributing, producing, or manufacturing the following amounts of drugs:
- Heroin: more than 30g
- LSD: more than 500mg
- PCP: more than 30g
- Marijuana: more than 30kg
- Amphetamine, methamphetamine, or their salts: more than 30g
- Coca leaves: more than 150g
Even attempting to move these kinds of drugs is punishable under federal law. Drug trafficking charges are offenses that are ineligible for parole, so if you are facing allegations, it is urgent that you contact an experienced drug trafficking lawyer who can aggressively defend your rights and freedoms.
What is Conspiracy?
Conspiracy to commit drug trafficking is a criminal offense under federal law that involves an agreement between two or more individuals to engage in the trafficking of illegal drugs. Even if the planned trafficking activity does not ultimately occur, individuals can still be charged with conspiracy if there is evidence of an agreement and an overt act in furtherance of the conspiracy.
An overt act is any action taken by one of the conspirators to further the objectives of the conspiracy, such as purchasing drug paraphernalia, arranging meetings, or scouting potential trafficking locations.
Legal Defenses Against Drug Trafficking
When facing drug trafficking charges, defendants may employ various legal defenses to challenge the allegations. Here are some common legal defenses against drug trafficking charges:
- Lack of Knowledge or Intent: The defendant may argue that they were unaware of the presence of drugs or their illegal nature. Lack of intent to engage in trafficking can be a strong defense, particularly if the drugs were found in a location or item not under the defendant's control.
- Unlawful Search and Seizure: The Fourth Amendment protects individuals from unreasonable searches and seizures by law enforcement. If the drugs were obtained through an illegal search or seizure, the evidence may be suppressed, resulting in dismissal of the charges.
- Violation of Miranda Rights: If the defendant's Miranda rights were violated during arrest or interrogation, any statements or evidence obtained as a result may be inadmissible in court.
- Chain of Custody Issues: Chain of custody refers to the documentation of the handling of evidence from the time it was collected to its presentation in court. Any break in the chain of custody may raise doubts about the integrity of the evidence and its admissibility in court.
- Coerced Confessions or Entrapment: If law enforcement coerced a confession or induced the defendant to commit the crime through entrapment, the defense may argue that the evidence should be excluded.
- Misidentification: If the defendant was misidentified as the perpetrator of the crime, either due to mistaken identity or false accusations, this can be used as a defense.
- Medical Necessity: In some cases, defendants may argue that they possessed or distributed drugs out of medical necessity, such as for treatment of a serious medical condition.
- Insufficient Evidence: If the prosecution fails to present sufficient evidence to prove all elements of the crime beyond a reasonable doubt, the defense may move for dismissal of the charges.
- Duress or Necessity: If the defendant can demonstrate that they were under duress or facing imminent harm at the time of the offense, they may argue that their actions were necessary to avoid a greater harm.
- Mistake of Fact: If the defendant mistakenly believed that their actions were legal or that they were not engaged in drug trafficking, this may serve as a defense.
Work With a Team You Can Trust
We realize that this may be a difficult and overwhelming time in your life. With so much at stake, allow us to give you the legal counsel you need to fully understand your charges and choose the best course of action for your case. Don’t put your future in the hands of just any lawyer – our firm has 60+ years of combined legal experience in criminal defense, and we know how the “other side” thinks. With our team advocating on your behalf, you can rest assured that your drug crime case is in capable and professional hands.
For a free case review, get in touch with the St. Louis federal drug crime attorneys at JMH Law Firm, LLC by filling out our online form.
