For decades, law enforcement authorities have focused on reducing the availability of illegal drugs. Strict laws impose harsh penalties for crimes related to the possession and sale of illegal drugs.
Contact an experienced local criminal attorney immediately if you are charged with a drug crime. A Hays drug lawyer at Addair Law understands the law and the prosecutor’s goals, and we could work to obtain a favorable result on your behalf.
Drug Crimes Carry Harsh Penalties
Like most states and the federal government, Kansas administers penalties to drug offenders based on the substance type, quantity, and involvement in sales and distribution. Prior criminal history also impacts charging and sentencing decisions.
Many states have decriminalized marijuana, but Kansas prohibits possessing any amount of marijuana or its derivatives except zero percent CBD oil. If there is no evidence of distribution intent, possessing less than 25 grams of marijuana usually results in a misdemeanor charge that could lead to six months in jail for a first offender. Intent to distribute marijuana can lead to severe felony charges.
Charges and penalties escalate for controlled substances like cocaine, heroin, or methamphetamine. Personal possession of small quantities is a level 5 drug felony, leading to up to 42 months in prison and a $100,000 fine. Distribution or intent to distribute could result in a level 3 or 2 felony, depending on the confiscated quantity. A drug attorney in Hays could explain the potential sentence in a specific case.
Skilled Hays drug attorneys begin their representation by exploring every avenue for charge dismissal or reduction. Some defenses pertain to the charged crime, but others could apply to any criminal case.
Scrutinizing law enforcement officials’ behavior often provides valuable defense information. Charges may be dismissed if police or federal investigators:
Conducted warrantless electronic surveillance
Initiated unwarranted traffic stops
Searched a person, location, or vehicle without consent or probable cause
Failed to inform an accused of their rights promptly
Denied or delayed access to legal counsel
Even when a judge does not dismiss charges, proving that law enforcement officers violated rights could lead the judge to suppress the evidence the officers obtained through improper means.
The severity of a drug crime depends on the identity of the substance and the quantity the accused allegedly possessed. A defense attorney could examine whether the police followed the substance’s custody, measurement, and identification protocols. Challenging lab results by showing the lab has a history of errors or sloppy procedures could be an effective defense in some cases.
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Alternative Sentencing Programs Available to Many Offenders
Convictions for substantial controlled substance possession can yield harsh penalties. However, first-time offenders and some repeat offenders facing felony possession charges may access alternative sentencing and avoid prison.
Probation often substitutes jail time for first-time drug offenders and some others. Probation entails strict release conditions, including drug testing and meetings with a probation officer. A drug offense lawyer in Hays could negotiate a suspended sentence that includes probation with community service or other obligations to help a convicted drug offender avoid incarceration.
When drug addiction is a factor, Kansas Statutes § 22-2907 permits prosecutors to recommend diversion programs instead of punitive measures. Diversion programs involve substance abuse treatment, counseling, life skills training, and other services. Successful completion of the program leads to charge dismissal.
Contact a Hays Attorney if You Face Drug Charges
Facing a drug charge is daunting. However, A seasoned attorney could work to obtain an optimal outcome for your case.
A seasoned Hays drug lawyer at Addair Law could provide wise advice and an aggressive defense. Get in touch with us as soon as you are arrested.
