Being charged with a drug crime for the first time can be a stressful and overwhelming experience. One of the first, and albeit poignant, questions on your mind might be: “Can I avoid jail time?” The good news is that, yes, first-time offenders in certain circumstances—and with the right drug crimes lawyer fighting for them—often have options to avoid or minimize jail time.
If you’re facing a drug crime, call Combs Waterkotte as soon as possible at (314) 900-HELP or connect online to schedule a free, confidential consultation with one of our expert criminal defense attorneys. Our drug crimes legal team has more than 40 years of combined experience and has successfully handled over 10,000 cases just like yours.
Potential Penalties for First-Time Drug Crime Offenders
In Missouri, first-time drug charges typically fall into two categories:
- Misdemeanors: Possession of drug paraphernalia, for instance, is a class D misdemeanor, punishable by a fine of up to $500 but no jail time.
- Felonies: Possession of large quantities of Schedule I and II controlled substances, such as cocaine or methamphetamine, is a class D or class C felony, carrying potential prison sentences ranging from 7 to 10 years.
While these felony penalties might sound severe, first-time offenders often have opportunities to reduce or avoid jail time altogether. Every case is unique and our attorneys will relentlessly protect your rights, your freedom, and your future. We specialize in helping first-time drug offenders get the best possible outcome.
Avoiding Jail Time for a First-Time Drug Crime
Missouri courts often recognize the value of rehabilitation over punishment, particularly for individuals who show a commitment to addressing any underlying issues, such as substance abuse. The Combs Waterkotte drug crime lawyers have a large network of experienced professionals to pull from, including counselors, psychologists, and other experts to help you and your case.
Here are some ways we can help first-time offenders avoid jail:
Diversion Programs
Missouri offers diversion programs for eligible first-time offenders. These programs allow you to avoid jail time by meeting specific conditions, including:
- Submitting to regular drug testing.
- Attending drug education or counseling sessions.
- Completing community service hours.
Some of the common diversion programs are:
- Pre-Trial Diversion Programs: Pre-trial diversion programs allow individuals to avoid formal prosecution by meeting specific conditions, like completing drug education courses, performing community service, and enrolling in a substance treatment program. Once requirements are met, charges may be dismissed or significantly reduced, offering an opportunity to avoid a criminal record.
- Treatment Alternative to Incarceration Programs (TAIP): TAIP provides a pathway for eligible participants to receive substance abuse treatment instead of incarceration. By completing a designed treatment program and adhering to close court or probation supervision, individuals avoid the long-term consequences of incarceration.
- Veterans Treatment Courts: Tailored specifically to veterans, these courts address legal issues stemming from substance abuse or mental health challenges related to military service and PTSD. This approach acknowledges the distinct needs of veterans while promoting recovery and reintegration. Veterans receive access to counseling services, specialized treatment programs, and peer support tailored to their unique experiences.
- Mental Health Courts: While not exclusively for drug-related offenses, these courts provide an option for individuals whose substance abuse and behavior is linked to underlying mental health conditions. These programs combine treatment and judicial oversight to address both the mental health and behavioral issues possibly contributing to criminal activity.
Drug Court Programs
Drug courts in Missouri offer an alternative to the traditional prosecution process for individuals struggling with substance abuse. Successful completion of the program can lead to reduced charges or dismissal of the case, providing a second chance for individuals to rebuild their lives. Participants must commit to:
- Attending counseling sessions
- Completing a structured treatment program
- Underdoing routine drug testing
- Following court-imposed conditions
Probation
First-time offenders are often eligible for probation instead of incarceration. While on probation though, you must adhere to court-mandated conditions, such as:
- Meeting regularly with a probation officer
- Avoiding any further legal trouble
- Staying employed or enrolled in school
Failure to comply with probation terms can result in jail time, so it’s crucial to take this option seriously.
Plea Agreements
In many cases, your attorney can negotiate a plea agreement with the prosecution. Plea deals can help you avoid the most severe penalties and minimize the impact on your future. However, you have the final say in any situation. Common plea deals involve:
- Reduced charges (e.g., from a felony to a misdemeanor)
- Probation in lieu of jail time
Rehabilitation & Treatment Programs
If your drug charge stems from substance abuse, demonstrating a commitment to recovery can positively influence the court’s decision. Enrolling in a rehabilitation program or seeking treatment voluntarily shows the court that you’re taking proactive steps to address the issue.
Eligibility for some of the above programs depends on a number of factors, including the nature of your offense, any prior criminal history, and your willingness to comply with program requirements. If you’re facing drug charges, don’t wait to explore these options. Talk to Combs Waterkotte today.
Facing a Drug Charge for the First Time? Call a Combs Waterkotte Lawyer Right Now
Being charged with a drug crime doesn’t have to mean jail time or a permanent mark on your record. No, as a first-time offender you have options to avoid harsh penalties and focus on building a better future.
Call the expert drug crime lawyers at Combs Waterkotte immediately at (314) 900-HELP or reach out online for a free case review.
