Facing charges of drug possession can cause confusion and anxiety. Even if things might appear bleak, knowing the right information can help make sense of the situation. It may also offer some comfort, especially when it comes to getting drug possession charges dropped.
The role of a preliminary hearing
A crucial stage in the legal process is the preliminary hearing, during which the prosecution must present adequate proof to support the allegations. If the evidence is weak or faulty, they can withdraw charges at this phase, usually due to the defense’s ability to cast doubt on the reliability of the evidence.
Legal defenses that could apply
Charges of drug possession are subject to a number of criminal defenses that can lead to dismissal. For instance, evidence obtained through an illegal search may not be admissible in court. If it’s not, this can significantly weaken the prosecution’s case. Proving that the drugs belonged to someone else or that there was no knowledge of their presence can also be effective defenses.
Types of drug possession offenses in Missouri
Missouri law categorizes drug possession offenses based on the type and amount of substance involved. For example, possession of a controlled substance like marijuana in amounts over 35 grams is a class D felony. It’s punishable by up to seven years in prison and a $10,000 fine.
Possession of harder substances such as heroin or cocaine is treated more severely, with potential sentences extending up to 15 years. However, the charges’ severity can also provide avenues for defense, such as questioning the classification or amount. Also, the harsher penalties also mean that any procedural missteps by law enforcement can be pivotal in getting charges dismissed.
Beyond the charge
Understanding how to get drug possession charges dropped highlights the importance of a well-informed approach. Each decision and action taken can significantly impact the resolution of the case and future opportunities.
