Overland Park Methamphetamine Lawyer

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Methamphetamine has some of the highest potential for abuse and addiction. Because of this, crimes involving methamphetamine face some of the strictest sentencing and penalties in America today. If you have been charged with a drug crime in Kansas, working with a skilled Overland Park methamphetamine lawyer is your best chance for defense. When facing a meth charge, every detail counts. Your prior history, where you were arrested, any additional drug paraphernalia found, and more can all shape the outcome of your case.

At Joseph, Hollander & Craft we work to defend our clients at every turn. We strenuously seek out the best outcome for each of our clients, exploring options like rehabilitation, probation, and addiction treatment centers in lieu of jail time whenever possible. We aim to help you get the assistance you need to break the cycle while keeping your record as clean as possible after a meth charge.

What Are Methamphetamines?

Methamphetamines are chemical stimulants, related to amphetamines but stronger. Methamphetamines can be swallowed, snorted, smoked, or injected. They are typically found in a white powder or pill form, or as “crystal meth” (“ice”, “crystal”, or “crank”), which looks like shards of glass or blue-ish clear gems. This form has been associated with increased side effects, health risks, and rate of addiction.

Legally, methamphetamine is a Schedule II drug in Kansas. Alongside opiates and amphetamines, methamphetamine possession is subject to some of the harshest penalties under Kansas state law as well as the federal Controlled Substances Act.

Meth Charges and Penalties in Overland Park, Kansas

Drug charges are taken seriously in the state of Kansas and in federal courts. Particularly in federal court, a statutory mandatory minimum sentence may prohibit a judge from imposing more lenient outcomes to those convicted of methamphetamine possession when the prosecution brings a distribution or manufacturing charge or when jurisdiction crosses state lines. 

Your prior criminal history will be taken into account when it comes to facing meth penalties in Kansas state court. For first time offenders or those without repeat convictions for meth, you may be able to negotiate drug treatment programs or probation with the help of a skilled Overland Park methamphetamine lawyer. This comes with the obvious benefit of not only avoiding incarceration, but also helping you combat addiction and ideally avoid future run-ins with police. 

Methamphetamine charges and penalties in state court in Overland Park, Kansas range from:

Possession

• Simple Possession of Meth: Possession of methamphetamine (even with no intent to distribute) is a level 5 felony punishable by 10-42 months in prison, depending on the offender’s criminal history. However, a presumptive probation sentence applies to offenders without any prior person felony offenses.
• Possession of Drug Precursors: Possession of methamphetamine precursors with an intent to use the product to manufacture a controlled substance is a level 3 felony punishable by 46-83 months in prison, depending on the offender’s criminal history. 
  • Prison is the presumed penalty for all such convictions, with a probation sentence being possible only upon showing substantial and compelling reasons justifying a departure from the standard sentence.
  • Anyone convicted of this offense automatically qualifies as a “drug offender” subject to the requirements of the Kansas Offender Registration Act

Distribution

• Up to 1 gram: a level 4 drug felony, punishable by 14 to 51 months in prison, depending on the offender’s criminal history 
• Between 1 and 3.5 grams: a level 3 drug felony, punishable by 46 to 83 months in prison, depending on the offender’s criminal history  
• Between 3.5 to 100 grams: a level 2 drug felony punishable by 92 to 144 months in prison, depending on the offender’s criminal history 
• Over 100 grams: a level 1 drug felony punishable by 138 to 204 months in prison, depending on the offender’s criminal history

While probation sentences are possible, the sentencing judge will require special proof to make the necessary findings to impose a probation sentence. 

In addition, a conviction for these offenses results in the offender becoming a “drug offender” as defined by the Kansas Offender Registration Act. The offender will be required to register with local law enforcement where he or she lives, works, and attends school every 4 months for the duration of the registration period.

Additional Penalties for Meth Offenses in a School Zone

In Kansas, the severity level of sentencing increases by one degree if the criminal charge involves distribution or intent to distribute and if it occurs either on school property, or within 1000 feet of school property, called a “school zone.” For instance, this can result in a level 5 felony being treated as a level 4.

Possible Exceptions for Minors Facing Meth Charges

Juvenile court is more likely to focus on rehabilitation and drug treatment programs than adult sentencing. As a minor facing a meth charge, your child may be adjudicated and not criminally convicted. Even minors with a minimal criminal history, such as shoplifting or underage drinking, may still be able to enter into a drug treatment program and enroll in testing in order to comply with sentencing. However, in more severe cases such as intent to distribute or violations involving school grounds, a minor can be ordered into a juvenile correctional facility for meth charges in Kansas.

How an Overland Park Methamphetamine Lawyer From Our Firm Can Help

A meth charge is serious, but there are options available. While there is no one-size-fits-all argument, a criminal defense lawyer from our firm may argue: 

• The police search or seizure was conducted without probable cause, or without a valid search warrant. For instance, you may have been pulled over on an illegal stop which led to your subsequent drug charge. 
• The police failed to read you your Miranda rights and violated your civil liberties. 
• There were chain of custody issues during your arrest.
• Laboratory testing did not prove that the substance was in fact methamphetamine. 
• The prosecution does not have adequate evidence to prove guilt beyond a reasonable doubt. 
• Your sentence should be reduced from distribution or intent to distribute down to personal use, in order to bring down the felony charge. 
• Your lack of prior convictions and willingness to change makes you a good candidate for rehabilitative options.

Working with an Overland Park methamphetamine lawyer at Joseph, Hollander & Craft means that you have a dedicated legal advocate who is focused on protecting your future. We are ready to answer questions you may have, strategize for your freedom and financial protections, and fight to ensure each of your civil liberties is respected. With over twenty experienced attorneys and five locations, Joseph, Hollander & Craft offers the resources of a large firm with the time, attention, and care of a small one.

Frequently Asked Questions About Meth Charges in Overland Park

Can you face federal charges for meth?

Yes. Federal charges for meth are possible in many instances including:

• Possession of large quantities of the drug
• Arrests that take place on federal property
• Distribution over state lines or internationally
• Distribution that uses the internet or USPS 
• Investigation by the DEA or other federal officers
• Involvement in organized crime or drug cartels

How does drug court work?

Drug court can allow someone facing a drug charge to be diverted away from the traditional criminal justice system towards a supervised addiction treatment plan. It is typically reserved for non-violent offenders and those with a commitment towards a substance-free lifestyle. You may be eligible to have your case heard in drug court through a referral or advocacy from your defense attorney. Drug court involves regular court sessions throughout a recovery period, as well as random drug screenings and participation in collaborative activities.

How can a prior criminal record potentially affect my case?

Potential penalties increase along with your criminal history–more significantly if you have person felony convictions. You may also be considered ineligible for a diversion program or drug court. If your prior conviction was for a violent offense or another drug-related crime, you may not be eligible for “presumptive probation,” either.

I got pulled over. Can a cop test me for meth?

While there is no breath test for meth, a police officer who spots drug paraphernalia in the car may be able to compel a blood or chemical test in Kansas.

Can I get probation instead of jail for a meth possession charge?

Possibly. Even methamphetamine charges that carry presumptive prison sentences may not ultimately require a prison sentence. However, the sentencing judge will have to make special findings, such as determining that treatment program will be more beneficial than prison or that substantial and compelling reasons justify a departure from the presumptive sentence.

What rights can I lose from a meth conviction?

A meth conviction carries serious consequences. In addition to financial penalties and possible jail or prison time you may also lose the right to vote, your right to serve on a jury, and your right to possess firearms. In addition, a drug crime can affect your family members and your connection to them. You may risk losing custody of minor children, as well as find your professional license challenged or revoked.  

Do You Have a Drug Crime Defense Attorney Near Me?

Joseph, Hollander & Craft has an office at 10104 W. 105th Street in Overland Park. We maintain additional offices in Lawrence, Topeka, and Wichita, as well as in Kansas City, MO, for your convenience.