Charles L. Barberio IV, we have successfully defended and helped guide our clients to favorable outcomes in all types of drug prosecutions. Felony Drug charges can be more than just a blemish on your criminal record. They can maim a career, limit your chance of future employment, affect your ability to support your family financially and always have the potential to result in serious prison time. Your case should be evaluated fully by an experienced and skilled trial attorney to maximize your options to preserve a clean criminal record and keep you or your loved ones out of jail.
Oftentimes constitutional issues arise in the search for drugs on a person or the seizure of drugs from a person, place or automobile. Was there probable cause for the search? Was your person, car or home searched without a warrant? Did exigent circumstances exist to justify a legal search in the absence of a warrant? The answers to these questions are buried in thousands of legal cases (referred to as case law) and a judge may not be aware of all potential constitutional search issues unless the defendant’s counsel is educated on the subject and presents the argument to the judge. The well-studied attorneys and legal staff at Charles L. Barberio IV research the answers to these crucial questions to ensure that the products of illegal searches and seizures are not admitted as evidence against you.
Alternatives to Prison Time
Even when caught red-handed by an honest police officer and no reason to risk a trial, we have helped successfully negotiate favorable outcomes for our clients. The attorneys at Charles L. Barberio IV, will work with prosecutors to find alternatives to life altering convictions or jail time. Although we are proud to have represented clients to successful Not Guilty verdicts at trial; that is not the only way we can help win your case. We have helped recreational users avoid convictions and jail time and we have helped addicts get the professional help that they need while keeping lengthy prison sentences at bay. There are many alternatives to jail time and convictions but if your attorney is not versed in their complexity and availability then you are likely unaware of them as well. Every case and client is unique and careful planning and consideration of all options is a necessity and a priority at Charles L. Barberio IV.
Types of Drug Crimes:
Possession of drugs is a common offense and generally comes in one of two varieties under Missouri Law.
Class A Misdemeanor | up to 1 year in county jail
– Possession of less than 35 grams of marijuana
– Possession of drug paraphernalia
Class C Felony | 1 year – 7 years
– Possession of any controlled substance other than 35 grams or less of marijuana
Frequently Asked Questions
WHAT ARE THE DIFFERENT TERMS USED TO DESCRIBE POSSESSION?
Actual possession: A person has actual possession if he has the substance on his person or within easy reach and convenient control.
Constructive possession: A person who, although not in actual possession, has the power and the intention at a given time to exercise dominion or control over the substance either directly or through another person or persons is in constructive possession of it.
Sole possession: If one person alone has possession of a substance possession is sole.
Joint possession: If two or more persons share possession of a substance, possession is joint.
Distribution, delivery, manufacture or production of controlled substance:
Except as authorized by sections 195.005 to 195.425 and except as provided in section 195.222, it is unlawful for any person to distribute, deliver, manufacture, produce or attempt to distribute, deliver, manufacture or produce a controlled substance or to possess with intent to distribute, deliver, manufacture, or produce a controlled substance.
2. Any person who violates or attempts to violate this section with respect to manufacturing or production of a controlled substance of any amount except for five grams or less of marijuana in a residence where a child resides or within two thousand feet of the real property comprising a public or private elementary or public or private elementary or secondary school, public vocational school or a public or private community college, college or university, or any school bus is guilty of a class A felony.
3. Any person who violates or attempts to violate this section with respect to any controlled substance except five grams or less of marijuana is guilty of a class B felony.
4. Any person who violates this section with respect to distributing or delivering not more than five grams of marijuana is guilty of a class C felony.
Drug trafficking is an escalated version of distribution and carries much stiffer penalties with mandatory prison terms including terms that do not allow parole. The sentences for drug trafficking often start at 10 years. It is broken into First Degree and Second Degree trafficking:
TRAFFICKING 1ST DEGREE:
See: RSMo 195.222
TRAFFICKING 2ND DEGREE:
See: RSMo 1195.223