If you are facing charges or an investigation related to drugs in Kansas or Missouri, it is important to act quickly to minimize the cost to your future. While the consequences of a conviction are severe, there are many strong arguments that a drug defense lawyer can leverage for you. At Billam & Henderson in Overland Park, KS, we have experience building effective strategies, including arguing entrapment. Our attorneys have a proven track record of helping victims of entrapment secure their legal rights in Olathe, KS and beyond.
Are You a Victim of Entrapment?
Just because you have been charged with a drug crime does not mean that you will be found guilty, even if you committed the action in question. If we can prove that the police acted inappropriately or that the proceedings were incorrect, you stand a strong chance of being acquitted. Kansas and Missouri are two states where entrapment is a viable defense.
The Definition of Entrapment
Entrapment is a form of police misconduct in which the actions of officers or their agents lead individuals to commit crimes. Usually, this is done with the intent of obtaining evidence. There are two types of entrapment. One is a form of police misconduct, while the other can sometimes be the result of an error on the part of the officers. In either case, it can mean the dismissal of your charges.
The first type of entrapment occurs when officers or their agents encourage a crime, “entrapping” a victim who had not previously planned to commit it. The term for this situation is traditional entrapment. The second type of entrapment happens when the victim is led to believe that his or her actions are legal. This practice is called entrapment by estoppel. Sometimes, in the case of estoppel, the officers themselves were unaware of the law.
It’s More Common Than You Think
Unfortunately, entrapment occurs in Olathe, KS and elsewhere more often than you might believe. Police officers are obligated to follow fair protocols when conducting their investigations. When they do not, justice and the law are on your side. Kansas and Missouri are two states where entrapment can be argued as a reasonable defense in court. Depending on your situation, it could be the difference between a conviction and an acquittal.
The Advantages of Arguing Entrapment
If you are the victim of entrapment, your case has a strong chance of being dismissed. That is because there is major precedent in our states and at the supreme court level for proving that officers who sought to entrap individuals on drug charges acted unfairly. Since fairness is a question of right and wrong, such an argument has strong emotional pull over both judges and juries.
What Are the Consequences of a Drug Conviction?
Kansas and Missouri are two states where the consequences of a drug conviction are especially harsh. Even the procession of small amounts of marijuana, which many other states have legalized, can have ruinous ramifications here. The penalties increase for substances like cocaine and heroin, and become even more intense when the intent to distribute can be proven.
Being convicted of a drug-related crime is extremely costly, especially in Olathe, KS. To give some examples, processing less than 25 grams of marijuana can result in a level 4 drug charge, a fine of up to $1,000, and 14-51 month jail sentence. If you are found guilty of the intent to distribute 25 grams of marijuana, you could face a fine of $300,000 or 14-51 months in jail. If the substance in question is meth, cocaine, or heroin and you are found guilty of the intent to distribute 3.5-100 grams, the fine could be as much as $500,000, and the jail time could be up to 144 months.
Indirect Effects on Your Life
Being registered as a drug offender can impact your chances of employment, your ability to find housing, and even your legal right to raise your children. As you can see, the consequences of pleading guilty go far beyond fines and jail time.
What Are the Next Steps?
Don’t Be Pressured Into Pleading Guilty
The legal system is fraught with manipulative ways to pressure you into pleading guilty. The truth is that there are many ways to prove your innocence or suppress a trial. When you are facing the direct and indirect consequences of a drug conviction, we are there to protect your rights. We can help you understand all of your options before you plead guilty.
Get In Touch With a Drug Defense Lawyer
Our legal experts understand the ins and outs of the legal system. We can help you avoid the life-altering ramifications of a conviction. Facing drug charges is something no one should have to do alone. We will be by your side throughout the process, and we will provide winning strategies that can get you the outcome you deserve. Contact us today at 913-490-0205.
Why You Don’t Need to Plead Guilty
Arguing entrapment is only one way to build a reasonable defense against drug charges. Even if you do not feel that it is applicable in your situation, there are many other ways to use the law to your advantage. Here are a few examples:
Show That the Drugs Belonged to Someone Else
Even if drugs were found in your car, your home, or your clothing, you can still avoid a conviction. We can help built reasonable doubt that they were, in fact, yours. Unless prosecutors can definitively prove that they were not planted by someone else, you cannot legally be found guilty.
Provide Evidence That the Marijuana Found in Your Procession Was for Medical Use
You have the right to use small amounts of marijuana for medicinal purposes. A physician’s note recommending the marijuana can help you show that you had it lawfully.
Demonstrate That the Drugs Were Not Handled Properly After Confiscation
There are specific protocols that police need to follow after they confiscate drugs. These protocols help maintain what is called an adequate chain of custody, and they exist so that when the drugs are presented in court, prosecutors can show that they originally belonged to you. When officers do not follow these protocols correctly, the case cannot proceed towards a guilty conviction.
Show That Police Misconduct Was Involved
Entrapment isn’t the only form of police misconduct. There are many ways in which officers have been known to behave unlawfully. When exposed, they can result in your charges being dropped.
Argue Prosecutorial Misconduct
Prosecutorial misconduct is another set of practices that are unacceptable when it comes to legal proceedings. For example, if we can show that evidence was improperly handled or withheld, your case cannot go forward. Similarly, interfering with the testimony of witnesses is considered prosecutorial misconduct.
Justice in Olathe, KS and Beyond
When you are going up against government charges against you, a knowledgeable drug defense lawyer is invaluable. Avoiding the worst consequences and getting your life back on track starts with a solid defense. It is unlawful and unjust to convict people in situations where entrapment, police misconduct, and other exonerating factors come into play. Contact the attorneys at Billam & Henderson in Overland Park, KS today, and we will put you on the path towards legal victory.