On behalf of Rosenblum Schwartz & Fry posted in Drug Crimes on Thursday, March 8, 2018. Opioid addiction is a burning concern for state and federal authorities across the United States, including in Missouri. Prescription drug misuse and related problems have been termed a “crisis” by many commentators. Legislators and law enforcers seek desperately to gain control over what they view as an alarming and escalating issue. Harsh criminal and civil penalties clearly play a central part of the strategy employed by federal regulators against the opioid epidemic. That is often well evidenced, including just last week by Attorney General Jeff Sessions in remarks delivered …
When Is A Marijuana Possession Charge Considered A Felony?
On behalf of Rosenblum Schwartz & Fry posted in Drug Crimes on Monday, March 5, 2018. Marijuana has been legalized – medically or recreationally – in many states, but Missouri is not one of them. While there are efforts to add a constitutional amendment to the 2018 election ballot that would legalize medical marijuana, current law does not allow marijuana use of any kind. As a result, it is important to know what could happen if you are arrested for marijuana possession. Depending on several factors, a marijuana charge could be a misdemeanor or a felony. Possession charges A first offense for marijuana possession, if the …
Troublesome Aspects Of Police “Whisper” Stops
On behalf of Rosenblum Schwartz & Fry posted in Drug Crimes on Thursday, February 15, 2018. A police “whisper” stop takes on an ominous quality once its underlying meaning is understood. Imagine that police officers in St. Louis or troopers elsewhere across Missouri lack any evidence to suggest that a given individual is connected to unlawful drug activity. Federal agents working in a laboratory in another state have, though, pursuant to secretive investigative techniques that bypass warrant requirements. Those agents — from the FBI, perhaps, or the Drug Enforcement Administration — quietly pass along what they know to local law enforcers. And those officers …
Missouri’s Ranking Judge Lauds Drug Courts’ Effectiveness
On behalf of Rosenblum Schwartz & Fry posted in Drug Crimes on Thursday, February 8, 2018. There’s a decided irony concerning drug courts in Missouri presently. And that is this, as noted in a recent media report: Although the courts are flatly confirmed to be “the most cost-effective way to combat the opioid crisis,” they have been operating on a proverbial shoestring of late owing to state budget cuts. The result is that the tool that is optimally effective and cheap in helping addicts has been materially withdrawn from use. Ultimately, Missouri might well be saving more money by jacking up the drug court …
DWI Penalties Already Severe: What Would A 0.05 BAC Yield?
On behalf of Rosenblum Schwartz & Fry posted in Drug Crimes on Wednesday, January 24, 2018. The litmus test for behind-the-wheel intoxication in Missouri and nationally is a driver’s blood-alcohol content of 0.08 or greater. What if that was to change to a BAC threshold of 0.05? Lobbying attempts are clearly on display that seek such an adjustment. They were given a proverbial shot in the arm recently with the issuance of a report by the National Academies of Sciences, Engineering and Medicine. Researchers with that entity endorse a change in the long-applicable national standard, saying that it would lead to improved safety outcomes …
Traffic Stop Spotlights Key Element Of Reasonable Suspicion
On behalf of Rosenblum Schwartz & Fry posted in Drug Crimes on Tuesday, December 12, 2017. We get straight to the point on our criminal defense website at Rosenblum Schwartz & Fry concerning one key point that is centrally relevant to police conduct in every traffic stop. That point is reasonable suspicion (probable cause) that must be present in order for a police officer to make a stop and continue to subject a citizen to further inquiry or search in a lawful detention. We pose these questions on our site: “Did law enforcement officers have permission to search your vehicle, home or person? If not, did …
Taking A Look At The Financial Side Of DUIs
On behalf of Rosenblum Schwartz & Fry posted in Drug Crimes on Monday, November 27, 2017. Drunk or drugged driving are serious matters that need to be tended to quickly. For the people accused of these crimes, time is of the essence. There are very severe penalties associated with these offenses, and these penalties aren’t solely left to the realm of legal punishments. In all DUI cases, financial penalties — both directly tied to the DUI arrest and indirectly tied to the charge — can really hurt an accused person. So what specifically are we talking about here? Well, consider some of the basic elements in …
DWI In MO: When Do I Need An Ignition Interlock Device?
On behalf of Rosenblum Schwartz & Fry posted in Drug Crimes on Wednesday, November 22, 2017. A conviction for a driving while intoxicated (DWI) offense in Missouri can come with serious criminal penalties. In addition to fees and potential prison time, drivers may also need to install an ignition interlock device on any vehicle they operate in order to drive. What is an ignition interlock device (IID)? An ignition interlock device is used to keep drivers who have consumed alcohol from driving. Essentially, the driver must provide a breath sample into the IID before the engine of the vehicle will start. The breath sample is tested and …
Prescription Drug Monitoring: When The Focus Is On Doctors
On behalf of Rosenblum Schwartz & Fry posted in Drug Crimes on Thursday, November 16, 2017. As noted in a recent St. Louis Post Dispatch article, there is more than one type of drug monitoring program operative in states across the country. What the paper terms a “traditional” model is a scheme in which physicians and pharmacists can access a government database tracking patient prescription information. Online data showing prescription history can alert medical actors to patterns of abuse and allow for intervention. Authorities often tout such initiatives as important cogs in flagging individuals at risk and getting them help. Less commonly noted is …
Prosecutorial Fairness: Why A Defense Attorney Insists Upon It
On behalf of Rosenblum Schwartz & Fry posted in Drug Crimes on Tuesday, October 24, 2017. No reasonable person in Missouri or anywhere else across the country wants to engage in any type of contest where applicable processes — the rules of the game, if you will — are stacked in favor of the other side. What’s the point? When an opponent has a one-sided and material advantage, you lose. Fundamental unfairness puts a black mark on something as simple as a game of checkers. Given that, imagine the stakes for any individual involved in a criminal justice matter — such as a drug …