Whether you are charged with a felony or misdemeanor, drug charges have the ability to have a substantial impact on your life for years. Your case could proceed in the district courts or in a municipal court. Either way, the best chance to protect your rights, and your freedom, is to contact a trusted defense attorney immediately.
DRUG CASES REQUIRE COMPREHENSIVE CONSTITUTIONAL UNDERSTANDING
Drug cases are unlike many of the other types of criminal cases. In order to prove your guilt, the prosecutor must introduce evidence of possession of the drug itself or paraphernalia. To do so, the evidence must pass constitutional muster. At Stolte Law, LLC, I can employ an aggressive pretrial motions strategy to challenge the admissibility of the government's evidence. I will not accept or consider a plea until the admissibility of the evidence is considered.
WHAT KIND OF DRUG CASES DO YOU HANDLE?
- Toxic Vapors
- Trafficking Contraband
CHARGED WITH POSSESSION?
WHAT IS POSSESSION OF A CONTROLLED SUBSTANCE?
In general, you can be convicted of possession of a controlled substance if you possess any illicit drug such as marijuana, meth, cocaine, heroin, or their chemical analogs. The penalty may be a felony or misdemeanor, depending on the quantity of the item possessed and the nature of the item possessed.
WHAT IS POSSESSION OF PARAPHERNALIA?
Kansas defines paraphernalia as any item used to manufacture, cultivate, plant, propagate, harvest, test, analyze, distribute, store, contain, conceal, inject, ingest, inhale or otherwise introduce a controlled substance into the human body. Essentially, any item that comes in contact with a controlled substance may be considered paraphernalia. The penaly range of this charge depends on several factors and may be either a felony or a misdemeanor.
The most common items are:
- Bongs, pipes, or syringes
- Rolling papers
HOW CAN I BE CHARGED WITH DISTRIBUTION?
Charges for distribution of a controlled substance may arise on the intent to distribute or physical sale of substances. These are the stereotypical cases with evidence of actual sales ranging from controlled buy scenarios, use of confidential informants, or witness testimony.
However, you may be charged with distribution of a controlled substance if you are found to be in possession of a certain amount of a controlled substance. You and your attorney may present a defense to this type of charge that the amount was for personal use. But, the statute provides the government with a rebuttable presumption that larger quantities were for distribution purposes.
The penalties for this charge ranges from misdemeanors up to high level felonies.
TRAFFICKING DRUGS WITHIN A JAIL OR PRISON
Trafficking contraband within a correctional institution is a nonperson felony that carries a presumptive prison sentence in most cases. The act of trafficking includes introducing, attempting to introduce, taking contraband into prison, sending contraband, possessing contraband, distributing contraband within the facility, and supplying objects that may aid in escape from prison. Contraband can be virtually anything that is not allowed in prison. The severity of the offense is increased if the item is drugs, firearms, or if the trafficking is done by a corrections officer.
These are serious charges that require experienced representation. If you are charged, please contact Stolte Law, LLC at (913) 575-8823.
See, K.S.A. 21-5914. Traffic in contraband in a correctional institution or care and treatment facility.
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