Don’t fool yourself into thinking the authorities will look leniently at marijuana possession. They might - but only if it your first or second offense and you are found with a small quantity of the drug. Chris Kopecky is founder and lead counsel of The Traffic Lawyers, P.A., based in Oberland Park, Kansas. He talks here about what you could expect from a marijuana possession charge, and how a qualified attorney can help protect your rights.
Marijuana possession is often looked at as not as serious as other types of drug possession. Marijuana possession is often charged in the city courts, rather than in the state courts, and as a result has much more minor forms of punishment attached to it.
When I try to explain the reasons behind this to clients, I tell them that this stems from the 1960s, when marijuana was much more accepted. Also, it has something to do with the recent onset of medical marijuana being an allowable source of treatment in some places.
Probation Option
Municipal or city courts will often put offenders on probation and let them keep it off of their criminal record if it is only their first offense, and even their second offense in some instances.
Selling marijuana has ramifications that are a lot more serious. If the quantity of marijuana possessed by the defendant is too great, then the offense is often charged in the state court and may be accompanied by an Intent to Sell charge. That means you could be looking at a prison sentence ranging anywhere from 14 to 51 months. If you are caught within the immediate vicinity of a school, the sentence increases.
Motions to Suppress
There is a lot we as experienced attorneys can do to help with marijuana charges. Oftentimes in marijuana possession cases, constitutional arguments can be made such as illegal search and seizure arguments when a house or vehicle is searched. We often make these arguments in what we call “motions to suppress.” These oftentimes allow us the opportunity to have a case dismissed short of a full-blown trial.
Call The Traffic Lawyers of Kopecky Law today if you are facing any type of drug possession charge, and see what we can do for you. We are experienced in handling alcohol and drug charges, and will defend your rights in any traffic or criminal matter.
This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of this article and your receipt of this article does not create an attorney-client relationship.
