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St. Charles Drug Crime Defense Attorney
Personalized, Experienced Advocacy to Soothe Your Fears in St. Charles and Lincoln Counties
Drug-related charges can be daunting and confusing to navigate. The criminal justice system does not treat drug allegations kindly. However, whether you have been wrongfully accused or had a legal right to possess prescription drugs for medical use, Wayne T. Schoeneberg can help you. Attorney Schoeneberg has been advocating for clients in St. Charles for over 40 years, working in a number of capacities, including as a drug crime defense attorney. He will take a personalized approach to your case as he builds a strong defense based on the facts of your case and the results you seek. He understands your anxieties and will do his best to alleviate your fears and create a comfortable environment in the office for you to work through your defense against drug charges in Missouri.
Know Your Rights!
Regardless of how you got here, you deserve an attorney who cares about what happens to you. An experienced professional who knows all the laws that govern drug use and the consequences of illegal use. In order to build a strong drug crime defense, a lawyer also should know how those laws can be misinterpreted.
Below is the information you need to know when you’re faced with drug charges or any other crime. Make it your business to know your rights and responsiblities. Following is information about Missouri Drug laws. Read both. Then call a lawyer like Wayne T. Schoeneberg as soon as possible.
The right to appear and defend, in person and by counsel
If someone is accused of a crime, they have the right to personally appear and defend themselves, with the assistance of an attorney. This right extends to individuals who may not have the financial means to hire a lawyer. Whether through public defenders or private attorneys, legal professionals can provide defense strategies and ensure that the accused person’s rights are protected. It is crucial to have legal representation, especially when being detained, to safeguard against any potential violations of rights.
The right to demand the nature and cause of the accusation
When facing criminal accusations, it is essential to know the specific nature and cause of the charges brought against you. This knowledge allows you to adequately prepare and mount a defense. The information regarding the accusation must be communicated in a manner that you can understand, even if an interpreter is required. Understanding the nature and cause of the accusation enables you to challenge the allegations, present an alibi, or dispute the charges in other ways.
The right to meet the witness face to face
After being charged with a crime, you possess the right to directly confront any accuser or witness. This right serves to prevent convictions without the opportunity to question witnesses while they are under oath. By allowing your attorney to cross-examine the witness, you can assess their credibility and challenge their statements. This ensures a fair and transparent legal process.
The right to a speedy trial by an impartial jury
Every individual accused of a crime is entitled to a prompt trial. In Missouri, the limit for a speedy trial is typically no more than 180 days, as stated in Mo. Revised Statute 545.780. For federal crimes, the Speedy Trial Act of 1974 mandates that trials commence within 70 days of the indictment. The purpose of a speedy trial is to minimize the time spent in jail and limit the preparation time available to the prosecution. This right guarantees a fair and efficient legal process.
Missouri’s Controlled Substance Laws
Like most states, Missouri categorizes illicit controlled substances (CDS) into 5 schedules. Substances classified as Schedule I are the most dangerous due to a higher risk of abuse and addiction, while substances in Schedule V are the least dangerous and usually acceptable for medical use. The classification primarily determines the penalties a person may face for possession. Generally, though, the possession of any type of drug other than marijuana is a Class C felony punishable by up to 7 years in prison and a $10,000 fine.
It is also unlawful for any person to distribute, deliver, manufacture, or produce a controlled substance and to possess a controlled substance with such intent to distribute, deliver, manufacture, or produce, with few exceptions, such as a doctor who legally prescribes a prescription medication.
Illegally making CDS is a Class A felony in Missouri punishable by 10-30 years in prison. Illegally selling CDS, or possessing CDS with the intent to sell, is a Class B felony punishable by 5-15 years in prison. In special circumstances, the penalties may increase. For example, if distribution of a CDS occurs within 2,000 feet of a school, the act is a Class A felony (except for 5 grams or less of marijuana) punishable by life imprison or up to 30 years in prison.
Lastly, CDS trafficking, or possessing, buying, or bringing a CDS into Missouri is heavily criminalized based on the type of drug, such as heroin, cocaine, lysergic acid (LSD), phencyclidine (PCP), and methamphetamine. Penalties for trafficking will vary according to the amount and type of CDS involved. For instance, trafficking into the state 450 grams or more of methamphetamine or 1 gram or more of LSD is a Class A felony punishable by 10-30 years in prison.
As you see, Missouri takes a dim view of drug use of any kind. And the prosecuters they hire are well-versed in the consequences for that drug use. It’s important for you to know exactly what the consequences for drug use is so you can contact a drug crime defense attorney who will mount a strong defense that will protect you from the worst punishments. With more than 40 years as a defense attorney who’s worked relentlessly to ensure that his clients get the best outcome possible, Wayne T. Schoeneberg has the knowledge and experience needed to do exactly the same for you! Check out the testomonies of his clients on this site!