Overland Park Drug Crime Defense Lawyers

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If you have been charged with a drug offense, you need a Kansas drug lawyer with the skill to combat your case in court. Joseph, Hollander & Craft’s Overland Park drug crimes defense lawyers deliver exactly that. We routinely defend clients with drug charges throughout northeast Kansas and have a reputation for excellence in Kansas courtrooms.

Overland Park Drug Crime Defense Lawyers Guiding You Toward Justice

Joseph, Hollander & Craft’s Overland Park drug crime defense lawyers have what it takes to effectively defend you against Kansas drug charges. We have former prosecutors on our team who know police tactics and prosecutors’ theories and objectives. In addition, we have career criminal defense attorneys who have devoted themselves to protecting and defending the rights of the accused.

Our Overland Park drug crime lawyers are dedicated to challenging law enforcement overreach and reducing the incarceration of nonviolent drug offenders. We examine the circumstances of your search and arrest to determine whether there has been a violation of your Fourth Amendment rights and fight for any illegally obtained evidence to be excluded from trial. If the prosecution can prove its case, we negotiate an optimal plea deal and develop a sentencing presentation to support the lowest sentence possible.

Types of Drug Charges We Defend Against

Our Overland Park drug lawyers have defended thousands of clients facing all types of drug charges throughout Kansas. Drug charges we defend include:

• Drug possession
• Drug trafficking
• Drug distribution
• Drug cultivation
• Drug manufacturing
• Drug smuggling
• Drug conspiracy

The type of charge you face may be determined by the amount of the substance you allegedly have, and the schedule it falls under. We defend felony drug crimes in the United States District Court for the District of Kansas, Johnson County, and Wyandotte County, and we defend misdemeanor drug crimes in state and municipal courts.

Protecting and Defending Your Constitutional Rights

Our Overland Park criminal defense lawyers know the tactics police use when investigating drug crimes, and we know when those tactics cross the line. Police may violate your Fourth or Fifth Amendment rights during a stop, search, or interrogation. Evidence gained through these constitutional violations should not be available for the prosecution to use at trial, but you need a skilled criminal defense attorney to make an effective suppression argument. Often regarded as letting someone off on a technicality, judges are not inclined to suppress evidence if they can avoid it. It is important to hire an attorney who knows how to spot the important suppression issues as well as how to persuade the court that the problem cannot be overcome.

We will work with you to uncover any constitutional violations that may have occurred in your case and ensure that the prosecution does not benefit from them. We will examine the circumstances of your car stop or roadside search, review the application for the warrant and whether it was executed properly, and scrutinize any interrogation for coercive conduct. If we find an infringement of your constitutional rights, we will make the case for suppression in writing and in the courtroom.

Frequently Asked Questions

How do federal charges differ from state charges?

Many drug crimes are both state and federal offenses. The determination of where your drug case will be prosecuted often comes down to quantity. Offenses involving larger quantities are more likely to be prosecuted at the federal level. In addition, it is reasonable to predict that your case will be filed in federal court if the investigation is undertaken by a federal law enforcement agency like the Drug Enforcement Agency (DEA).

On the other hand, state charges are usually smaller in scale. Offenses like minor possession or distribution at the local level are typically handled by state or local authorities.

What are potential penalties for marijuana in Kansas?

Individuals from states where marijuana has been legalized are often surprised to learn about the penalties for marijuana offenses in Kansas.

Simple marijuana possession is a class B misdemeanor, class A misdemeanor, or level 5 felony depending on the offender’s prior drug offense history. The maximum penalty for a class B misdemeanor is 6 months in the county jail and a fine of up to $1,000. The maximum penalty for a level 5 felony is 42 months in prison and a fine of up to $100,000.

Distribution or possession with intent to distribute marijuana ranges from a severity level 4 felony (less than 25 grams) to a level 1 felony (30 kilograms or more). A level 4 felony carries a presumptive sentence of 14-51 months in prison, depending on an offender’s criminal history. A level 1 felony carries a presumptive sentence of 138-204 months in prison, depending on an offender’s criminal history.

Cultivation penalties depend on the number of plants cultivated. Cultivation of anywhere from 5-49 plants is a level 3 felony punishable by up to 83 months in prison, depending on an offender’s criminal history. Cultivation of 50-99 plants is a level 2 felony punishable by up to 144 months in prison, depending on an offender’s criminal history. Cultivation of 100 or more plants is a level 1 felony punishable by up to 204, depending on an offender’s criminal history.

However, despite the risk of incarceration with every marijuana crime, Kansas sentencing laws provide a mechanism to request a shorter incarceration sentence or a sentence of probation. An attorney with experience defending against Kansas drug crimes can help you understand the presumptive sentence that applies to your charges under the Kansas Sentencing Guidelines and whether you may be eligible to a departure or border box sentence instead.

I have a medical marijuana card; is that a defense for possession in KS?

No, a medical marijuana card is not a valid defense for possession in Kansas. It does not matter if your card is valid in another state. All forms of possession are illegal and can result in criminal penalties. Currently, Kansas does not have any medical marijuana program.

Will a drug charge affect my child’s education?

A drug conviction may impact admissions and scholarship decisions at colleges and universities. Many schools inquire about criminal history during the application process, and many condition scholarship awards on morals standards that include law-abiding behavior.

Anyone who has been charged with a drug crime should take this into account when deciding how to defend the case. An experienced attorney can offer advice based on your current educational circumstances and the educational path you aspire to pursue. Consider whether a diversion may be appropriate to avoid conviction altogether. Consider a plea to a charge that requires less waiting time before expungement. Talk about what expungement can and cannot accomplish.

Which drug charges can affect my professional license?

Drug charges can severely impact your professional license. Many licensed professionals are required to report criminal charges against them well before they have been resolved. A drug charge (even without a conviction) can lead to various forms of discipline for workers, lawyers, and other professionals.

Depending on the circumstances, the licensing board may require participation in a rehabilitation or educational program in order to maintain your license, or it may suspend or revoke your license altogether. While you may face disciplinary action regardless of the outcome of your criminal case, a more favorable result in the criminal action can help you obtain a more favorable result in your disciplinary action.

To put yourself in the best position with respect to your license, it is best to have your professional licensing defense attorney and criminal defense attorney working together. With attorneys who focus on disciplinary defense and criminal defense, JHC is uniquely poised to assist.

How soon should I call you for a potential drug charge?

If you’ve been arrested or are being investigated for a drug-related crime in Johnson County or the surrounding areas, time is of the essence. Call us immediately.

Do I need an Overland Park drug crime defense lawyer for drug possession?

Yes! You should seek the counsel of an experienced drug crime lawyer for any drug charge—even simple possession and even if you admitted to your criminal conduct. Virtually any criminal conviction can affect your life in significant ways, including your access to housing, your opportunity to get a new job, or your ability to advance in your career. It will become part of your criminal history, thereby potentially increasing the sentence that may be imposed for any future offense. It is important to consult with a knowledgeable drug crime lawyer before deciding how to proceed in any criminal case. Call one of our drug crime lawyers in Overland Park to see what we can do for you.

Do first-time drug offenders go to jail?

Whether you will be sentenced to a term of incarceration for a drug offense depends on many factors—the type of drug(s), the quantity of drug(s), the jurisdiction (penalties differ greatly from federal to state court), and the activity (e.g., manufacturing methamphetamine for sale is penalized more harshly than simply possessing a small amount of the drug for personal use).

If you are facing a drug felony with a severity level designation between 1 and 3 under Kansas state law, the presumptive sentence is prison—even if you are a first time offender. The judge is authorized to impose a lesser sentence, such as probation—but only if the judge is persuaded to do so by the presentation of “substantial and compelling” departure factors.

Our Overland Park drug defense attorneys have ample experience obtaining sentences below the guideline. We counsel all of our clients regarding possible and likely outcomes for their cases and help them devise a plan to succeed if a probation sentence is granted.

Do You Have a Drug Crime Defense Attorney Near Me?

Joseph, Hollander & Craft’s Overland Park offices I located at 10104 W. 105^th Street. We also maintain additional offices in Lawrence, Topeka, and Wichita, as well as Kansas City, MO. Whether you are facing a federal drug case in Kansas City; a state drug case in Johnson or Wyandotte County; or a municipal drug prosecution in Overland Park, Leawood, Prairie Village, Olathe, Lenexa, De Soto, or any of the surrounding cities, our team is ready to help.