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In Kansas, what can happen if the police find drugs but don't arrest or ticket me.

Olathe, KS |

Over the weekend some property was stolen out of the bed of my truck. The officer came to the house to tell me they had caught the culprit. As he was walking back to his vehicle he walked by my vehicle and saw drug paraphernalia and proceeded to search my truck. After the completion of the search, he found two empty sandwich bags with marijuana stems and seeds, along with a container holding a small amount of pot, in total I would say less than 3 grams. They also found a very small amount of illegal mushrooms, I would say between 1-2 grams. Initially the cop said he was going to cite me, then after conclusion of the search he said he'd have to send this in to get tested. I was not arrested and I was not cited with a ticket. What's most likely to happen next????

I should add that I do have one felony on my record for DUI, and one conviction for drug paraphernalia from 2005, I believe.

Attorney Answers 3

Posted

The suspected drugs and paraphernalia will be sent to the Johnson County Crime Lab. There they will be put through the GC-Mass Spec machine to determine if there is anything illegal and if so what. The report will come back to the officer who will submitt the report to the prosecutor along with his report of finding the stuff. The prosecutor will then decide what, if anything, to file. Assuming he decides to file charges he will then decide whether to request a warrant for your arrest or send you a summons. If it was a city cop the reports will almost certainly go to the city prosecutor, if it was a highway patrolman or sherrif's deputy it will go to the district attorney.

If you have no prior convictions for similar activities you are probably looking at two or three Class A misdemeanors. Each is punishable by up to one year in the county jail and/or a fine of up to $2,500. If you have priors you might be looking at felony charges. Either way you need the assistance of an experienced criminal defense lawyer who handles a lot of drug cases.

Legal disclaimer: Legal disclaimer: Patrick M. Lewis, (913) 558-3961, patricklewislaw@gmail.com. This answer is intended to provide general information about the justice system. It does not provide legal advice nor does it create an attorney-client relationship. It does not provide the basis for making decisions about a course of action. Legal advice requires more communication and information than is possible in this format. Many important considerations and factors need to be investigated and discussed before an attorney could give legal advice about this issue. Before making any decisions about a course of action readers are strongly encouraged to contact a lawyer and secure an attorney-client relationship. Readers must also understand that this format does not provide for confidential communication.

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Posted

I should add that I do have one felony on my record for DUI, and one conviction for drug paraphernalia from 2005.

Patrick Michael Lewis

Patrick Michael Lewis

Posted

Neither of those will enhance a misdemeanor possession of drugs to felony.

Posted

I would recommend you speak with a local criminal defense attorney as soon as possible, it is likely you are going to be facing multiple charges.

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Posted

Mr. Lewis has it right. Retain an experienced criminal defense attorney to protect your interests and limit what happens. Good luck.

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