Overland Park Drug Crime Attorney
Drug Arrests are Often Felony Offenses. Contact a Top Overland Park Drug Crime Attorney to Fight for Your Rights.
Were you accused of a drug-related offense, such as possession or distribution? If so, you may face severe penalties, including imprisonment and fines. An Overland Park drug crime attorney can help you surpass your charges and obtain the best possible outcome for your case.
Jerry Merrill offers skilled and aggressive legal defense for both adults and juveniles facing drug-related charges. He will investigate the circumstances related to the offense and will fight to protect your rights, whether your case is resolved in or out of court. Contact our firm today to schedule a free consultation and see how Jerry can assist you.
Common Types of Drug-Related Offenses
The legalization of drugs in some states in America does not mean the consequences for a drug conviction in Kansas will become less severe. Kansas treats drug violations in a particularly severe fashion with harsh penalties, including imprisonment and fines. A conviction for a drug offense can also cause an individual to lose their job and face hardship obtaining new employment.
If you have been arrested for the possession or distribution of drugs or drug paraphernalia, you need to retain an attorney right away. Criminal defense lawyer Jerry Merrill has extensive experience representing clients in Johnson County and the surrounding areas against serious drug charges. He helps clients dealing with arrests related to the distribution, cultivation, possession, and sale of:
Overland Park Drug Crime Attorney Handling Serious Cases
Drug Distribution and Cultivation
Under Kansas law, the distribution of marijuana, methamphetamine, cocaine, heroin, and other illegal drugs is a serious criminal offense that can be prosecuted as high as a level 1 drug felony depending on the type and amount of the drug involved. Illegally distributing prescription medications can lead to prosecution and severe penalties as well. Due to the potential for illegal drug distribution to cause widespread harm to the residents of Kansas, law enforcement officers and prosecutors often aggressively target individuals suspected of distributing – or playing a role in the distribution of – controlled substances, and avoiding harsh penalties requires representation by an experienced drug crime attorney.
The same is true for individuals accused of cultivating marijuana and manufacturing other illegal drugs. For example, cultivating just five marijuana plants is a level 3 drug felony that carries up to 83 months in prison and a fine of $300,000. If you are being charged with cultivating 100 or more marijuana plants, you are facing a level 1 drug felony punishable by up to 204 months in prison and a $500,000 fine.
Drug Possession
Kansas law makes it illegal to possess any controlled substance in the state without a valid prescription. This means that possessing any amount of marijuana or any other street drug has the potential to lead to jail time, fines and other consequences. Minimally, first-time marijuana possession is a class B nonperson misdemeanor (carrying up to six months in jail and a $1,000 fine). Possessing larger amounts of marijuana, possessing other illegal drugs and being charged as a repeat offender can lead to penalties that are far more severe.
Drug Sales
The crime of selling an illegal controlled substance differs from the crime of drug distribution in that it requires you to be caught in the act of making a sale. However, prosecutors can also pursue charges based on intent to sell, and this intent can be inferred based on possession of a large amount or quantity of the drug in question (i.e. an amount greater than for personal use). In order to prove a drug sale charge, prosecutors must prove all four elements of the crime:
- The presence of a buyer and a seller;
- The presence of an illegal controlled substance;
- An agreement as to the price to be paid; and,
- The buyer’s and seller’s consent to complete the transaction. ka
If the prosecution’s evidence of any one (or more) of these elements is inadequate, Overland Park drug crime attorney Jerry Merrill can use this to fight for a dismissal or a “not guilty” verdict at trial.
Drug Trafficking
Drug trafficking is a serious crime that can lead to severe consequences. Often prosecuted at the federal level, drug trafficking is a felony-level offense that can carry years or decades of imprisonment depending on the specific allegations involved. If you are being prosecuted for drug trafficking in Kansas, you need an experienced defense lawyer, and we encourage you to contact us for a free case evaluation right away.
Defense Against Serious Drug Charges in Kansas
There are a number of different factors that the courts will consider in determining a criminal sentence, including:
- The criminal history of the accused
- Whether weapons or other aggravating factors were involved
- The severity level of the criminal violation
As your Johnson County drug crime attorney, Jerry Miller can challenge the prosecution’s assessments about the appropriate sentence. Having worked on both sides of the courtroom, he will leverage his knowledge of Kansas criminal law and his trial skills to provide you with an aggressive defense. His primary objective is to get a “not guilty” verdict or a dismissal. In cases where this is not possible, he works to secure a sentence on the smallest end of the scale.
Even Marijuana Use Can Lead to Felony Convictions
In many states across the United States, possessing small amounts of marijuana is treated lightly. This is not the case in Kansas. In Kansas, even the possession of small amounts of marijuana can lead to a misdemeanor drug charge. A second marijuana possession conviction can be classified as a felony. Because the possession of marijuana and paraphernalia in Kansas is aggressively pursued by prosecutors, an experienced criminal defense lawyer is essential to protect your rights.
Contact A Skilled Overland Park Drug Crime Attorney Today
If you or someone you love is facing penalties for a drug offense in Johnson County, seek legal counsel immediately. In order to ensure that the full range of your legal rights is protected, call Jerry Merrill at 913-381-2085 or send an online inquiry. The firm offers a free initial consultation for new clients. We help clients in Johnson County, Olathe, Shawnee, Overland Park and more!
Frequently Asked Questions
#1. How are federal drug charges different from state charges?
Federal drug charges will be handled in federal court and usually involve large-scale activity, interstate activity, or the involvement of federal law enforcement agencies such as the Drug Enforcement Administration (DEA). Federal prosecutions often involve more serious exposure, mandatory minimums, and strict sentencing guidelines. Kansas drug charges involve violations that can range from misdemeanor possession of a controlled substance to felony distribution. Significant penalties may apply in either case, but federal prosecutions are usually far more serious. One of the first questions your Overland Park drug charge attorney should be asking is whether this is a case likely to be charged in state court only, or if there is the possibility of federal prosecution.
#2. What is the punishment for marijuana possession?
Kansas is one of the few states that still criminalizes marijuana possession. A first-offense simple possession charge is typically a Class B misdemeanor, which is punishable by up to six months in jail and a fine. A second offense is a Class A misdemeanor punishable by up to one year in jail. If you are caught with marijuana for a third or subsequent time, the offense is elevated to a felony, which exposes the defendant to potential prison time and much higher fines. Penalties increase even more if the underlying conduct involves drug distribution, intent to sell, marijuana cultivation, or possession of higher amounts. Even if jail time is not imposed, a conviction can lead to long-term collateral consequences, such as employment, professional licensing, and other background record issues.
#3. What is the minimum sentence for a drug charge?
Kansas has a sentencing grid for felony drug crimes that maps out presumptive prison or probation sentences based on the severity level of the crime and the defendant’s criminal history. In many first-time possession cases, judges have discretion to avoid jail time and impose only probation. That means there may not be a minimum sentence for a first-offense simple possession. However, the situation changes dramatically for felony distribution or drug manufacturing charges. Depending on the severity level and the amount of a controlled substance, the minimum sentence can be as low as several months or up to several years. The exact answer depends on the specific charge, the amount, and where the defendant’s case falls on the sentencing grid. A qualified Overland Park drug charge attorney can review your specific situation and determine the actual minimum exposure and potential for diversion and/or treatment programs.
#4. How long does a drug charge remain on your record?
An arrest or conviction for a drug crime can remain on your record indefinitely, unless it is eligible for expungement. Kansas has an expungement law that allows certain drug convictions to be expunged from your record after a period of time, usually three to five years after you have completed your sentence. However, the waiting period can be longer depending on the severity of the conviction. Arrests that did not result in charges may be eligible for expungement sooner. Until it is expunged, a drug charge can appear in background checks for employment and housing applications, education, and professional licensing. Expungement rules are strict and time-sensitive, so it is important to have an attorney who can determine your eligibility and guide you through the expungement process.
#5. Do you lose your driver’s license for drug possession?
Possibly. Kansas allows for driver’s license suspensions when a drug offense is committed in connection with the operation of a vehicle. A drug conviction can also make it difficult to maintain or obtain some types of licenses, such as a commercial driver’s license. Even if your license is not automatically suspended, a conviction can result in increased insurance rates and difficulty finding employment in certain driving-related fields. Defending your driving privileges is often a critical aspect of your drug case, especially if you need to stay on the road for your job.