OVERLAND PARK,KANSAS COCAINE POSSESSION

Possession of drugs, in Johnson County, and across the state of Kansas carry stiff penalties. All cocaine possession charges are felonies in Kansas. If you are found guilty of cocaine possession, the outcome varies depending on your unique circumstances. Here on thing the District Attorney, or prosecutor, will consider:
  • Your prior criminal record (if you have one) - Kansas will use the below table to determine the severity of your consequences:
                                                            Criminal History Punishment Range
                                          # of Past Crimes                                                   Penalty
                                     0-1 Misdemeanor (Score I)              10-12 Months (Presumptive Probation)
                                     2+ Misdemeanors (Score H)            12-14 Months (Presumptive Probation)
                                     1 Non-Person Felony (Score G)       14-16 Months (Presumptive Probation)
                                     2 Non-Person Felonies (Score F)    16-18 Months (Presumptive Probation)
                                     3+ Non-Person Felonies (Score E)  18-22 Months (Presumptive Probation)
                                     1 Person Felony (Score D)                 23-26 Months (Presumptive Prison)
            1 Person Felony + 1 Non Person Felony (Score D) 28-32 Months (Presumptive Prison)
                                     2 Person Felonies (Score B)             32-36 Months (Presumptive Prison)
                                     3+ Person Felonies (Score A)           37-42 Months (Presumptive Prison)
  • The amount of cocaine you are accused of having - Even if you were not charged with distribution at your arrest, you can later be charged with it depending on the amount you were caught with, if you were set up/caught selling, and/or if there is an informant.  In Kansas, the prosecutor will use the following chart:
                                            Amount of Cocaine Possession Punishment Range
                                        Weight of Cocaine                                               Penalty
                                      Less than 3.5 grams                         14-51 Months (Presumptive Prison)
                          Between 3.5 grams and 100 grams           46-83 Months (Presumptive Prison)
                          Between 100 grams and 1 kilogram         92-144 Months (Presumptive Prison)
                                   More than 1 kilogram                        138-204 Months (Presumptive Prison)
  • The place you were arrested (jurisdiction) - As we said before, Kansas takes possession charges seriously. Although there are the above grids for sentencing use, judges are given discretion to sentence more or less. Where you were arrested and/or  who is hearing your case will make all the difference in the world;
  • The judge and prosecutor overseeing your case (some are more harsh than others) - Again, the personal perspective and/or biases do impact your case outcome. Some judges and prosecutors are more lenient than other and will recommend treatment, probation, etc. instead of jail time; and
  • The method - additional considerations include:
  1. Were you distributing via phone
  2. Were you distributing via telephone
  3. Were you distributing via mail
  4. Were you crossing state lines (to or from another state)
  5. Who you were distributing to
​You must know that your rights have been violated, know the relevant case law and petition the court to have the evidence dismissed; otherwise, the case against you will move forward as is. We'd like the opportunity to fight for your freedom and future. Call us now @ 913.602.7288.

COCAINE POSSESSION EVIDENCE RULES

You have rights, created by the Constitution, that protect you even when you are accused of a crime. Your stop, search, detention, questioning, etc. must have been handled properly. If not, you may be able to prevent some, or all, of the evidence against you from making it into court. Here are some examples of frequent violations:
  • Prolonged Detention 
Stops or detentions must begin and end in a "reasonable" amount of time. Should the time that was reasonably necessary to address the matter at hand be exceeded your rights may have been violated. (see  United States Supreme Court case Rodriguez v. United States and Kansas Supreme Court cases State v. Coleman, State v. Mitchell). If your stop then reveals a separate and/or additional crime the time to detain you can be extended;
  • Violation of Your Fifth Amendment Rights
You cannot be forced to incriminate yourself; however, you can decide to. It will be up to your attorney to help you determine why you gave up this right. If you did not give up your right freely or willingly (ex. by force or coercive tactics) then the evidence discovered may be suppressed. (see Kansas Supreme Court case State v. Compton and State v. Spagnola) The best position to always take is silence.
  • Evidence of Your Innocence
Believe it or not, if the prosecutor has evidence that would prove your innocence (exculpatory evidence) you have the right to know that. Furthermore, they cannot destroy, conceal, alter or otherwise fail to preserve such evidence. If they do, the court may prevent all other evidence from being used against you. This is called quid pro quo treatment - suppressing evidence the State chose to preserve in place of the exculpatory evidence. (see United States Supreme Court case Brady v. Maryland). When deciding the outcome of the evidence the court will consider the circumstances and whether or not the State acted in bad faith. 
  • Exercising Your Right to an Attorney
You have a right to an attorney. You must assert that right. When you do the police must stop their questioning of you, about this crime, immediately. Should they continue questioning you, they may have violated your rights. (see United States Supreme Court case Edwards v. Arizona)  If the interrogation continues, or you sign a waiver of counsel, it is possible to have any and all evidence recovered (statements, admissions, evidence from a search, etc.) suppressed. 
  • Violation of Your Forth Amendment Right
If the government directs a private individual (ex. your mom, spouse, etc.) or does a search (beyond what was voluntarily offered by a private party) without proper warrant/cause, the fruits of that search may be suppressed.  (see United States Supreme Court cases Runyan v. United States and United States v. Jacobsen). 
  • Exceeding Scope of Search Warrant
Many are under the impression that a search warrant gives law enforcement the right to go through, in, look around, etc. anywhere and everywhere. This is completely inaccurate. A search warrant has limits that must be adhered to. A warrant must specify what the officers are searching for, who is accused, and where they may search. Exceeding those boundaries may result in the evidence discovered being suppressed. (see United States Supreme Court cases United States v. McLevain,United States v. Fagan, United States v. Cannon and Kansas Supreme Court case  State v. Lambert)
  • Search Incident to Lawful Arrest (SILA)
For safety, when you are arrested, the officer can search you and the immediate surrounding area. This is called a search incident to lawful arrest. This is to be sure you do not have and/or will not destroy evidence, and to ensure you do not have anything that could harm anyone (ex. weapon). If they then exceed this, without cause, the evidence found may be suppressed. (see United States Supreme Court cases Chimel v. California, Riley v. California , Arizona v. Gant) If you don't petition the court to suppress the evidence it can be used against you. 

It may seem that the Kansas prosecutor has an iron-tight case against you, especially if they have evidence. How they got that evidence, why they stopped you, if they violated your rights, etc. are all ways to poke holes in (and in some instances get dismissed) the case against you.  You must know that your rights have been violated, know the relevant case law and petition the court to have the evidence suppressed; otherwise, the case against you will move forward as is. We'd like the opportunity to fight for your freedom and future. Call us now @ 913.602.7288.
You need an experienced Johnson County, Kansas attorney. We will tell you exactly what to do next to get the best possible outcome in your case. The quicker you get ahead of your case the better outcome you can expect. Call now for a free consultation 913.602.7288. ​
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