Being caught with drugs in your possession is a serious charge, says Chris Kopecky, the founder and lead counsel of The Traffic Lawyers, P.A., based in Overland Park, Kansas. His team of lawyers serve Kansas, Missouri, and Iowa, and can help if you are facing this often devastating charge.
Drug possession is a serious charge because it stays on your record and can impact other, more minor charges you may pick up down the road. Every time the law enforcement authorities pull you over, they will look at their computer and see that you have previously been picked up for drug possession. As a result, they will be much more interested in whether you have drugs on you during that particular stop as well.
Drug possession can be charged in the city court, state court or federal court, depending on what kind of drug is found on you, and how much you are found to possess. Marijuana is charged in municipal courts unless you have enough that they think you might be selling it. Cocaine, heroin and some of the harder drugs can be charged in the state court, unless you are arrested by a federal law enforcement officer or you have been charged with trafficking across state lines.
Severe Penalties
The federal courts have the most severe penalties of all for drug possession. The state courts can be severe as well with their penalties, although there is more flexibility on the part of the prosecutors to negotiate a plea bargain.
With a first offense of possession, if you have a good lawyer, you should be able to negotiate a plea bargain to keep you out of jail - and potentially keep the charge off of your permanent criminal record - even if you are dead in the water.
Many variables need to be looked at when determining whether or not you have a case that should be tried to a judge or a jury. Some factors to take into consideration include:
- The probable cause, in the officer’s view, is to begin searching to find the drugs on you or vehicle
- The reason for the stop
- Whether the drugs were found on you or in the vehicle
- If the officer found drug paraphernalia as well
Contact The Traffic Lawyers at Kopecky Law immediately after you are arrested for a drug possession or paraphernalia charge so that we can evaluate your case and ask the proper questions. With the right information and the right lawyer, we potentially can save you from jail time and a criminal record.
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.
