Aggressive Drug Crime Attorney in Kansas: Fighting for Your Rights and Freedom
Though many people’s individual perspectives about drugs are shifting, laws are still incredibly strict regarding possessing, using, and selling drugs. Being charged with drug possession of any kind could negatively impact your life, making it difficult to find employment, secure a loan, sign a lease, or do many other things that are essential to living a normal, healthy life.
In Kansas, the punishments for drug offenses are particularly strict, with very little leniency in the laws surrounding possession. Being caught with drugs can seem like a hopeless situation, but there are many ways to fight drug charges so that they do not wreak havoc on your life. With an expert drug defense attorney from Henderson Legal Defense in Overland Park, Kansas, your chances of reducing your sentencing or being acquitted are improved. We are honored to represent clients throughout Kansas, including in Johnson County, Olathe, and Overland Park.
Defending You Against Kansas Drug Charges
In Kansas, drug charges can range from misdemeanors to felonies, depending on the type and amount of drug involved, as well as the circumstances of the alleged crime. Some of the most common drug charges in Kansas include:
- Possession of marijuana
- Possession of drug paraphernalia
- Possession of controlled substances, such as cocaine, heroin, methamphetamine, or prescription drugs without a valid prescription
- Drug trafficking or distribution
- Manufacturing or cultivation of illegal drugs
- Operating a drug lab
- Drug-related DUI/DWI
It’s important to note that Kansas has some of the toughest drug laws in the country, and even minor drug offenses can result in serious consequences, including fines, probation, and imprisonment.
Juvenile drug charges in Kansas are handled differently than adult drug charges. In Kansas, juveniles are individuals who are under the age of 18, and they are subject to a separate court system known as the Juvenile Justice System. Even though the consequences of juvenile drug charges may be different than adult drug charges, they can still have serious long-term consequences for a juvenile’s future. A juvenile drug crime lawyer can help protect the rights and interests of a juvenile charged with a drug offense and work to minimize the potential consequences of the charges.
No matter what drug charge you are facing, the key to winning drug cases is acting quickly. Some deadlines occur very soon after the date of arrest, so there is no time to lose when it comes to finding your legal representation. From first-time marijuana possession to a repeat methamphetamine distribution, the courts have specific treatment programs and sentence presumptions that can put clients in a difficult position that makes it seem as if there is no option but to plead guilty. At Henderson Legal Defense, we can present you with several options that allow you the chance you deserve in your drug case. You do not have to plead guilty, and there are several situations in which diversion is appropriate or you may be acquitted through a motion to suppress or a trial, even if the odds seem stacked against you.
How You Can Fight Drug Charges in Kansas
Though it is perfectly reasonable to fight for your innocence, we must begin by scouring your case for every detail we can find. Our legal team is nothing short of exhaustive when it comes to understanding your case, and we will work with you to sift through what happened moment by moment. Even if you were in possession of illegal substances, there are ways to suppress a case. If this applies to your situation, our attorneys will begin to examine your case for the following violations of your rights during the arrest or search process:
- Illegal traffic stops: Police officers cannot pull cars over without cause. The officer in question must have reasonable suspicion of illegal activity to pull you over legally. Even if drugs were discovered during this stop, the charges may be dismissed if the stop was illegal.
- Unreasonable detention: Police officers are only allowed to detain you for a reasonable amount of time if they suspect something is amiss. They are not allowed to hold you longer than it takes to follow protocol, and if they do not find anything or hold you for too long, the detention could be challenged.
- Non-consensual search: If the police do not have a warrant or exigent circumstances to search your car or home, you must voluntarily give them consent to do so. If you do not consent, or if the officer coerced, pressured, or intimidated you into allowing the search, their actions are illegal, and findings may be suppressed.
These and other rights violations may be cause to have your case dismissed by the courts. Even if you are guilty of a crime, you are entitled to basic privacy and treatment by police and other officials. If this is not given to you, you may have a strong defense case against your charges.
What are the Criminal Consequences of Marijuana Drug Charges in Kansas?
Not all drugs are created equal. When it comes to drugs, marijuana or cannabis is the most commonly used in the United States. Though marijuana has been legalized recreationally in some states, it is still illegal in all forms in Kansas. The only marijuana products allowed by law are CBD products containing 0% THC. Any other marijuana product or derivative is cause for penalty and/or a fine. Without intent to distribute and less than 25 grams, marijuana possession charges generally count as a misdemeanor and call for a maximum of up to 6 months in jail and/or a fine of $1,000 without a prior marijuana conviction. If there is intent to distribute, or if the arresting officer believes that you had the intent to distribute, the charges become much more severe. Though all cases are different, in general, you can expect the following punishments based on the amount found in your possession presuming distribution or intent to distribute:
- Less than 25 grams: A level 4 felony drug charge with a fine of up to $300,000, incarceration ranging from 14-51 months in prison.
- 25 grams-449 grams: A level 3 felony drug charge with a fine of up to $300,000, incarceration ranging from 46-83 months in prison.
- 450 grams-30 kilograms: A level 2 felony drug charge with a fine of up to $500,000, incarceration ranging from 92-204 months in prison.
- More than 30 kilograms: A level 1 felony drug charge with a fine of up to $500,000, incarceration ranging from 138-201 months in prison.
These are simply estimates. Individual sentencing will depend on the circumstances surrounding your case, your prior criminal record, and the assistance of your marijuana drug crime attorney. At Henderson Legal Defense, we have the record and reputation for fighting charges ruthlessly and will give you a chance of avoiding maximum sentencing and jail time.
Criminal Consequences of Other Drug Charges in Kansas
Because of marijuana’s popularity and expanding cultural acceptance, the sentencing is much lighter than other drugs. With substances such as methamphetamine, cocaine, and heroin, the charge begins as a felony. These hard drugs have strict punishment for possession. Still, they grow in severity when there is distribution, or the arresting officer believes that you have intent to distribute. All cases are different, and there are many factors at play, such as your record, location, and quantity of the drug in question. Here is a very general outline of what you could expect for hard drug charges:
- Possession of meth, cocaine, or heroin: A level 5 drug felony with a maximum fine of up to $100,000 and a possible sentence range of 10-42 months in prison. Probation can be up to 18 months and include mandatory drug treatment.
- Distribute or intent to distribute 1-3.5 grams of meth, 3.5-100 grams of cocaine, or 1-3.5 grams of heroin: A level 3 drug felony with a maximum fine of $300,000 and a possible sentence range of 46-83 months in prison. If probation were granted, it would be up to 36 months. Registration as a drug offender may apply if convicted.
- Distribute or intent to distribute 3.5 – 100 grams of meth, 100 grams to 1 kilogram of cocaine, or 3.5 – 100 grams of heroin: A level 2 drug felony with a maximum fine of $500,000 and a possible sentence range of 92-144 months in prison. If probation were granted, it would be up to 36 months. Registration as a drug offender may apply if convicted.
As you can see, you do not need to be in possession of very much of any of these drugs to face severe punishment. An experienced drug crime lawyer will be able to examine your case for details that may discredit the investigation or the case against you.
Intent to Distribute Charges in Kansas
For many drug cases, the prosecution relies on your “intent to distribute” which can increase fines and jail time. Without knowing what a person was thinking, it is hard for police to prove intent to distribute. Often, charges are based solely on the quantity of drugs in your possession. If the amount seems too large for one person to consume, charges will often be increased to include “intent to sell.” The expert attorneys at Henderson Legal Defense fight drug charges in the Kansas City area using this practice against prosecutors. There are no set criteria for proving that a person intends to sell drugs, and this argument is used far too frequently when there is no due cause. In many cases, the charges can be minimized to possession if:
- Your attorney can prove that the drugs were for personal use only and not to others. You did not have any paraphernalia indicating distribution such scales, text messages, cash, or a logbook of transaction may indicate the drugs are for personal use rather than for distribution.
- Your attorney can create a reasonable doubt that you were aware of the drugs. If there is any indication that the drugs were not yours, that you did not know the drugs were in your trunk, etc., your charges may be reduced or acquitted at trial.
These arguments may seem implausible when presented in the abstract, but when applied to cases, they can be effective in your defense. There are laws and regulations to protect innocent people from serving time for crimes they did not commit, and when accurately applied, these laws can relieve some of the punishment from drug cases.
DWI Charges in Kansas
A DWI charge in Kansas can include drugs, such as prescription drugs or illegal drugs, in addition to alcohol. The term “driving while intoxicated” (DWI) in Kansas encompasses all types of impaired driving, whether the impairment is due to alcohol, drugs, or a combination of both.
In Kansas, driving while under the influence of drugs (DUID) is a criminal offense, similar to a DWI. DUID refers to the act of operating a vehicle while impaired by any drug or combination of drugs, whether legal or illegal, including prescription drugs, over-the-counter medications, and illegal drugs. If a Kansas law enforcement officer suspects that you are under the influence of drugs while operating a motor vehicle, they may conduct a drug recognition evaluation (DRE) to determine the level of impairment. The DRE typically involves a series of tests and evaluations to assess the individual’s physical and mental condition and to identify the specific drug or drugs that may be impairing them.
If you are charged with a DWI in Kansas that involves drugs, it is important to consult with a skilled and experienced Kansas DWI attorney who can help you understand your legal options and build a strong defense on your behalf. An attorney can review the evidence against you, identify potential weaknesses in the prosecution’s case, and work to achieve the best possible outcome for your case.
Non-Criminal Consequences of Drug Charges in Kansas
Many people do not consider that the charges they face during drug cases may lead to consequences outside of fines and jail time. Many people with drug charges have their licenses revoked or suspended, sometimes indefinitely. Even if you were not on drugs while driving or were acquitted, drug charges may affect your insurance premiums.
With drug charges on your record, it will likely be difficult to find suitable employment. Many have a hard time securing stable living situations, and many lose their children to the foster care system. It may even be difficult to do things like get a loan or get an education. These charges have far-reaching consequences that truly decimate a person’s entire life, which is why we work so tirelessly on your case. At Henderson Legal Defense, we know that our attention to detail could be the reason that our clients can meet their family’s most basic needs going forward. We believe that every Kansas citizen in Kansas deserves a chance to seek justice.
Minimizing the Impact of Kansas Civil Proceedings
For the government, sometimes jail or prison time is not enough. Civil forfeiture proceedings are independent of the criminal case. Unfortunately, in these situations, guilt is not the only factor at play. Your innocence cannot protect you from civil proceedings, and unfortunately, the consequences are severe and invasive. In many cases, the government will take action to seize your personal property, including vehicles, cell phones, and cash, which may be connected to the alleged crime. Even if you are found not guilty of drug charges in criminal court, you could still lose the forfeiture actions against you in civil court.
Hiring an attorney that understands the fallout after a criminal case is crucial to your future survival. Because the government has such overreaching power to claim your possessions, the process can easily leave you with nothing. Do not wait to hire an expert attorney to represent you in all criminal proceedings. It may prevent your arrest from decimating your life.
Choosing the Best Kansas Drug Crime Defense Attorney
To have a chance at reducing or eliminating your drug charges, you need the help of a truly knowledgeable drug defense lawyer. Attention to detail is crucial to your defense case. At Henderson Legal Defense, our attorneys have the skills, experience, and knowledge to help you. Our past cases allow us to approach yours with a comprehensive understanding of Kansas law, giving you the benefit of that knowledge. Our experience also covers a wide range of drug cases. We have represented clients charged with drug possession, sale of illegal substances, and the manufacturing or growing of illegal substances such as marijuana, methamphetamine, cocaine, and heroin.
Our attorneys are ranked in the National Trial Lawyers Top 100, and our firm boasts an Avvo Rating of 10.0. Local to Olathe, Kansas, we know the intricacies of municipal and state laws and can expertly use them in your favor. We have succeeded in minimizing incarceration time or providing clients with the opportunity to enter treatment or diversion programs if eligible and operate on a firm belief that a charge does not mean automatic guilt. Every defendant deserves expert representation, and we at Henderson Legal Defense are here to help.
Our drug crime attorney will provide guidance and support throughout the legal process, helping you understand the charges against you, your legal options, and the potential consequences of your case. At Henderson Legal Defense, our skilled Kansas drug crime attorney will advocate for a range of alternative options, depending on the circumstances of your case. Here are some potential options:
- Probation: Probation is a common alternative to jail time for drug offenses in Kansas. If you are sentenced to probation, you will be required to comply with certain conditions, such as regular drug testing, drug treatment, and regular check-ins with a probation officer.
- Diversion programs: Diversion programs are designed to help individuals avoid criminal convictions for drug offenses by completing a treatment program or other requirements. If you successfully complete the program, your charges may be dismissed.
- Drug treatment programs: Drug treatment programs can be an alternative to incarceration for individuals struggling with substance abuse. A Kansas drug crime attorney can help you find appropriate treatment programs and advocate for treatment as an alternative to jail time.
- Community service: Community service can be an alternative to jail time for some drug offenses. If you are sentenced to community service, you will be required to perform a certain number of hours of community service as part of your sentence.
- Suspended sentence: A suspended sentence is a sentence that is imposed but not immediately carried out, giving the individual an opportunity to avoid incarceration by complying with certain conditions, such as probation or drug treatment.
- Reduction of charges: A Kansas drug crime attorney can negotiate with prosecutors to seek a reduction in charges or a plea bargain that reduces the potential consequences of the charges against you.
Representing Clients in Kansas Drug Appeal Cases
If a person has been convicted of a drug crime and believes that there were errors in the trial, sentencing, or other aspects of their case, they may be able to appeal their conviction or sentence.
Drug crime lawyers who handle appeals have specialized knowledge and experience in the appellate process, including identifying potential errors or issues in the trial court proceedings, researching and analyzing legal issues, and preparing written briefs and oral arguments.
If you are considering appealing a drug crime conviction or sentence in Kansas, it’s important to consult with an experienced drug crime lawyer who can evaluate your case and advise you on your options. They can help you understand the appellate process, your chances of success, and the potential outcomes of your appeal.
A Strong Defense Against Kansas Drug Crime Charges
Contact the criminal defense lawyers at Henderson Legal Defense, LLC Attorneys at Law immediately if you face drug charges. The sooner you act, the sooner we can begin helping you during this difficult time. Let our drug crime attorney give you the confidence and peace of mind, knowing that you have an experienced legal advocate fighting for your rights and interests. Fill out our online intake form or call our office in Olathe, KS, at (913) 782-4030 to schedule a free consultation. We are proud to represent clients throughout Kansas including Johnson County, Olathe, and Overland Park.