Drug Possession, Drug Paraphernalia, and Intent to Distribute Drugs

Charges of Drug Possession, Drug Paraphernalia, and Intent to Distribute Drugs Attorney in Kansas City

Drug Charges – Kansas, Missouri, or Federal

From Charges of Paraphernalia, to Possession, to Selling, to Trafficking….

…of any of the numerous new or common illegal drugs, including, but not limited to: Marijuana, Spice, Cocaine, Methamphetamine, or Pharmaceuticals…

Wichman Law Firm has experience to help defend the accused and protect and shield them from unjust outcomes.

Contact Wichman Law Firm today at (816) 787-1529 to discuss the circumstances regarding your drug crime case.

Most drug crimes in Missouri (i.e., possession) are classified as misdemeanors. A misdemeanor charge, while not desirable, is less serious than a felony and won’t have such profound an impact on a person’s life.

Possession of Drug Paraphernalia

An offense of unlawful possession of drug paraphernalia is when a person knowingly uses or intends to use drug paraphernalia for the purposes of creating or introducing a controlled substance or an imitation controlled substance into the body.

Possession of drug paraphernalia typically does not carry the possibility of jail time and is classified as a low level charge. The offense is a Class D misdemeanor under Missouri law and may require a $500 fine to be paid. A drug-related criminal conviction will be placed be on a person’s record. This will show up during criminal background checks.

A person with a previous conviction for any drug-related offense in Missouri, or another state, who is facing an unlawful possession of drug paraphernalia charge increases to a Class A misdemeanor for that drug crime. It is a Class E felony if the person uses or possesses with intent to use the paraphernalia to manufacture or otherwise prepare amphetamine, methamphetamine or any of their analogs.

A conviction on a Class A misdemeanor may result in a jail sentence of up to one year and a fine of up to $2,000. A Class E felony may result in a prison sentence of up to four years.

The offense of unlawful manufacture of drug paraphernalia occurs when a person unlawfully manufactures drug paraphernalia with intent to deliver when they know or should know, reasonably, that it will be used to create or introduce a controlled substance or an imitation controlled substance into a person’s body. This offense is also a Class A misdemeanor unless it is done for commercial purposes, in which case it is a Class E felony. All drug-related criminal offenses can result is substantial consequences, however, some drug crimes are much more serious – an example includes large-scale drug trafficking. Regardless of the nature of the situation, Wichman Law Firm will work to help guarantee that a fair day in court to which they are entitled occurs for the client.

Attorney Kevin Wichman will examine every aspect of your case, ensuring that arresting officers did not violate any laws and that they were not in violation of the state’s entrapment laws. Entrapment can occur if a law officer engages in conduct that would cause an otherwise law-abiding person to commit the crime in question. Kevin Wichman reviews all available evidence in every case to use it to the advantage of the client to build the strongest legal defense possible.

What qualifies as a drug crime?

A drug crime may include any drug-related activity such as, the sale of drugs, transportation and/or possession of certain prescription medications without a prescription, the manufacture of drugs in a person’s home. It is also a crime to be under the influence of drugs, even if obtained from a friend.

Most interactions with illegal drugs are considered criminal offenses, however, a criminal charge requires adequate evidence to prove that drugs were used or possessed. The evidence to prove a drug crime must be gathered legally. Wichman Law Firm works with clients to make sure constitutional rights were not violated during an investigation and in gathering any evidence that may impact a drug crime conviction.

A criminal defense lawyer who understands your constitutional rights is crucial to ensure your rights were not violated in drug crime charges. If drugs are found on your property by police, and they believe you may have intended to sell the drugs, they can charge you with a more serious crime than simply possessing drugs. This may result if scales or cash are found on the property or if drugs have been divided into several containers. This could also happen without the intention of selling the drugs if it was a first time offense in possession of drugs, even if the drugs belonged to another person.

Possessing and using prescription drugs, when they are not properly prescribed, is also a crime. Seeking a doctor who will prescribe painkillers can also be considered a criminal drug offense. Changing prescription information to extend a prescription received is also a drug crime. Doctors and nurses prescribing medication to someone with a drug addiction, can also face drug charges. Communicating knowledge and intentions in a drug related situation is crucial to ensuring the best result is achieved.

Contact Wichman Law Firm today at (816) 787-1529 to discuss the circumstances regarding your drug crime case.

Possible outcomes if convicted of a drug crime

Drug charges, in the state of Missouri, fall under two categories: misdemeanors and felonies.

If your case is not clearly presented, even if you are innocent, you may be charged with a misdemeanor drug charge. Misdemeanors result in jail time of up to a year, fines and other consequences. Child custody rights can also be impacted by these drug charges. It’s important to hire a criminal defense lawyer with the knowledge and understanding of your constitutional rights to assure you are not persuaded to accept a plea deal in a drug charge.

It is important to present a strong case for your exact intent and nothing more if you are guilty. Communicating the situation surrounding your charge clearly and credibly will determine a dismissal or a conviction in the drug case. You could be required to serve several years in jail if convicted of a felony. This can also result in fines and being required to disclose your conviction on employment and housing applications in the future.

The evidence presented against you may not be valid in court if you’re charged with a drug crime. If you do not hire a skilled attorney, your case may unnecessarily result in a drug conviction. An experienced lawyer will investigate and determine if the search and seizure of the drugs was done in accordance to state and constitutional law. Evidence that was not lawfully obtained by the police should not be admissible in court, which is important if you are wrongfully accused of a drug crime. Kevin Wichman will determine what evidence was presented in the drug case and assist in navigating the complex legal process.

The manner in which the case is presented and fought on the constitutional grounds could affect the outcome as a felony resulting in a dismissal or reduction to a misdemeanor. A misdemeanor charge may also enable you to secure a dismissal. In some cases, it may even be able to be removed from public record several years from the time of conviction. That means it would not affect employment or housing options in the future.

You want to be represented fairly and accurately for accusation of a drug crime and Kevin Wichman will ensure your case is presented in a strong and aggressive manner to ensure the best possible outcome.

Contact Wichman Law Firm today at (816) 787-1529 to discuss the circumstances regarding your drug crime case.

Fighting Drug Charges

Kevin Wichman is well versed in understanding what you’re up against if you’re charged with any type of drug crime. Those arrested in Missouri who do not work with an attorney experienced in handling drug crimes often find themselves facing fines and prison sentences that are unjust and disproportionate to the crime for which they are accused. If you are arrested for something as seemingly insignificant as a minor possession of cannabis, you could face jail time if not properly represented. You need to contact an experienced defense lawyer, no matter what the charge, and start preparing for your day in court immediately to avoid harsh penalties and long-lasting consequences.

Knowledge and Experience in Your Drug Crimes Case

By retaining Kevin Wichman, you get a defense attorney who will fight for you both inside and outside of the courtroom. Kevin Wichman will defend you against any drug crimes charges that may be brought against you, including:

drug possession

drug paraphernalia

intent to distribute drugs

manufacturing or cultivating drugs

conspiracy to manufacture/cultivate and/or distribute drugs

Combat Drug Charges

If you have been arrested on any kind of drug crime charge, you need to contact an experienced defense attorney as soon as possible. Prosecution immediately begins working to mount a case against the person charged, so rapid preparation is critical in a drug crime case. Kevin Wichman will reduce the chance of receiving fines, jail time or even a prison sentence. These punishments often come along with a drug crime conviction and can have a long term impact.

Contact Wichman Law Firm today at (816) 787-1529 to discuss the circumstances regarding your drug crime case.

About State Laws – Complex

The Rocky Mountains of Colorado have often beckoned nearby Kansas and Missouri residents for year-round recreation and relaxation.

And now relaxed marijuana laws add to Colorado’s allure.

But heading back along I-70 from the Centennial State with grass or other substances in your car could lead you to serious penalties in your home state.

The fact remains that drug charges carry major consequences per state laws in Kansas and Missouri. Charges at the state level stem from possession of a controlled dangerous substance (CDS).

Whatever the drug – rapidly expanding heroin; methamphetamines, marijuana, ecstasy, cocaine or others – the possession of controlled substances creates legal challenges for individuals. The police jurisdictions throughout metro Kansas City report serious drug trafficking in the region, especially via I-35 and I-70. (Trafficking is defined at the federal level as the ‘unlawful distribution, possession with intent to distribute, manufacture, importation and exportation’ of controlled substances). They are vigilant about pursuing drug offenses at all levels from sophisticated dealer networks to individuals with a few ounces in their pocket.

Contact Wichman Law Firm today at (816) 787-1529 to discuss the circumstances regarding your drug crime case.

Subjectivity of Probable Cause

If the arresting officer suspects probable cause for drugs, you and your vehicle can be searched. And if officers suspect that you have the intent to distribute a substance, charges escalate rapidly to encompass federal felony charges that carry stringent mandatory sentence guidelines. Check out the sobering mandatory sentence ranges in a report from the Congressional Research Service about drug guidelines: https://fas.org/sgp/crs/misc/RL30722.pdf

Misdemeanors and Felonies for Drug Charges

More likely, if this is your first offense possessing marijuana, you are likely to be charged with a misdemeanor, which means a ‘minor wrongdoing.’ Misdemeanors typically carry less severe penalties such as a shorter jail term or no imprisonment; a fine, or probation. However, fines, court fees and mandatory tests such as urine tests add up quickly and could still reach several thousand dollars.

Beyond first offenses, drug charges rapidly become felony offenses, especially with an intent to distribution any substance. Understanding the state definitions of drug possession and paraphernalia is critical for a proper defense.

Federal felony drug charges include stringent mandatory jail sentences based on five levels of severity.

Penalties

Misdemeanor – Diversion for First – Time Possession of Marijuana

Several jurisdictions around the Kansas City metro follow diversion for the first-time misdemeanor possession of marijuana. Diversion includes a series of requirements that must be met by the first-time offender including probation for up to year; possible treatment and drug awareness classes, fees, random urine tests, meetings with a monitor, and no additional offenses during the agreement. The various fees and tests could add up to $1000 or more.

Diversion is a welcome option to avoid a criminal record.

Felony

A second-time offender who possesses marijuana could face escalated felony. A felony is automatically charged for possession with intent to distribute – even if distribution is sharing the substance with a friend. With the current federal system, jail time is a given; the length of the term is decided by all of the factors in a particular case. For example:

Substance Amount Mandatory prison term

Level 4 < 25 grams 14 – 51 months

Level 3 25 – 450 grams 46 – 83 months

Level 2 450 grams – 30 kilograms 92 – 144 months

Level 1 30 kilograms or more 138 – 204 months

These examples of prison terms show how wide a particular sentence could be – and how important it is for appropriate and competent counsel on your behalf.

Steps to Take

It is imperative that you contact an attorney as soon as possible if you face any drug charges. An effective attorney will examine all facts surrounding your particular case and will fight to mitigate charges on your behalf.

Some questions your attorney will examine: Who, in fact, held possession of the substance – was it another person with you? Was the substance verified as a drug and not misconstrued, which often happens? Did the officer indeed have probable cause to move ahead during the incident?

Wichman Law has experience with a range of drug offense cases in Kansas City. We are familiar with the courts, sentencing guidelines and processes throughout the metro.

Most importantly, we can help guide you through your options based upon our thorough understanding of the Kansas and Missouri court systems. We understand that the penalty you receive will be based upon a range of factors, including the jurisdiction of your case; your prior criminal history; and the details of your arrest.

We will examine the all of the details to understand the constitutional basis for your search and seizure; the consent to a search and whether statements taken were done in the proper procedure with due respect for your rights.

Wichman Law handles a wide range of drug possession charges: