A Jackson, Missouri, man recently pleaded guilty to both gun and drug charges in the U.S. District Court. The felony charges that the defendant faced included possession of marijuana with intent to distribute and possession of a gun in furtherance of a drug trafficking crime.

Officers had found 14 pounds of marijuana, a .22 caliber handgun and drug paraphernalia at the defendant's home. The defendant admitted to intent to sell the marijuana. He faces a $250,000 fine and up to five years in prison for marijuana possession. Possession of a gun in furtherance of a drug crime adds at least five additional years in prison and an additional $250,000 fine.

As you can see from this case, felony possession of marijuana is a significant charge alone; when a gun charge is added, the prison time and fines double. In order to be charged for possession of a gun in furtherance of a drug trafficking crime, a defendant must only have control over the firearm. He or she does not have to use it or even hold it in his or her hand as long as it is found in close proximity to the drugs. Even simple ownership of the weapon or ownership of the house where the weapon was located is enough if the government can show that there was some connection between the weapon and the drug trafficking.

There is a mandatory minimum federal prison term for using or carrying a firearm in relation to a drug trafficking crime. The mandatory minimum penalty for a basic offense is five years in prison. However, depending on the type of gun used, the mandatory minimum could be up to 30 years. Someone charged with a second or subsequent gun and drug trafficking conviction can face life imprisonment without the possibility of release.

These are serious charges that need serious defense. Once the government has shown a connection between the weapon and the drug crime, it is up to the defendant to show that the connection made by the government was clearly improbable. If the connection is clear, defendants may be able to suppress the evidence through a number of legal defenses, prove their innocence or negotiate for lower penalties on the underlying drug charge.

Source: KFVS12.com, "Jackson man pleads guilty to drug, gun charges," Amber Ruch, Jan. 18, 2012.