Drug Crimes Attorney in Johnson County

Trusted Drug Crime Defense Lawyers With Decades Of Local Insight

If you’re facing drug charges, choosing the right drug crime attorney in Johnson County is a decision that can make a substantial difference in your future. At Garretson & Toth, LLC, we bring over 60 years of combined legal experience directly to your case. Our founding partners, former Assistant District Attorneys right here in Johnson County, use their firsthand knowledge to guide every client.

With our legal team by your side, you have access to professionals who understand Johnson County’s drug laws and court procedures inside and out. Because we have built strong professional relationships with local prosecutors and court staff, we can anticipate key decisions in your case and act quickly to safeguard your rights. 

Our drug crime lawyers in Johnson County have handled thousands of cases in the local court system, so we are fully prepared to address even the most challenging legal hurdles you might face. Whether your concern is protecting your reputation, your job, or your future, our firm approaches every situation with compassion, competence, and a commitment to open communication.

Contact a Johnson County drug crime defense lawyer at Garretson & Toth, LLC for a free and confidential consultation. Call us at (913) 971-0296 or reach out online. We are here to help.

Key Types of Drug Crimes in Kansas

Drug charges in Kansas can range from simple possession to more complex, felony-level offenses. Our firm provides a comprehensive defense for all types of drug crimes, including:

• Possession of a Controlled Substance: This is the most common charge. To be convicted, the prosecution must prove you had possession of an illegal substance. This can be "actual possession" (on your person) or "constructive possession" (in a place where you have control, such as your home or car). Simple possession of most controlled substances is a drug severity level 5 felony.
• Possession with Intent to Distribute: The prosecution does not need to prove you actually sold drugs, only that you possessed them with the intent to distribute. They will use circumstantial evidence to make this argument, such as the quantity of the drug, the presence of scales, bags, or other packaging materials, and large amounts of cash.
• Drug Manufacturing: This offense involves the production of a controlled substance. This can include operating a methamphetamine lab or even growing marijuana plants. These charges are often felonies with very severe penalties.
• Drug Trafficking: Trafficking typically involves transporting large quantities of illegal substances across city, county, or state lines. Kansas law treats this offense extremely harshly, with mandatory prison sentences and steep fines depending on the type and amount of drug involved.
• Prescription Fraud: This crime occurs when someone obtains prescription medications through deceit, forgery, doctor shopping, or altering prescriptions. Prescription fraud is aggressively prosecuted in Kansas, especially when it involves opioids or other controlled substances. Convictions may carry both criminal penalties and long-term consequences for employment and professional licensing.

Our firm will challenge the prosecution's evidence at every turn. We know what to look for, and we are not afraid to question every detail. Our experience as a Johnson County drug crime defense lawyer means we are prepared to fight for you.

Understanding Kansas Drug Crime Laws

In Kansas, drug laws are complex and governed by the Uniform Controlled Substances Act, found in Chapter 65 of the Kansas Statutes. The severity of a drug charge depends on several factors: the type and quantity of the substance, the nature of the offense (possession, distribution, or manufacturing), and any prior convictions on your record.

The Kansas legal system classifies controlled substances into five different schedules, based on their potential for abuse and whether they have an accepted medical use:

• Schedule I: High potential for abuse, no accepted medical use. This includes drugs like heroin, LSD, and ecstasy. Marijuana is also a Schedule I drug in Kansas, despite its legal status in many other states.
• Schedule II: High potential for abuse, with accepted medical use. This includes drugs like cocaine, methamphetamine, oxycodone, and fentanyl.
• Schedule III: Moderate to low potential for physical or psychological dependence. This includes drugs like ketamine and anabolic steroids.
• Schedule IV: Low potential for abuse and a low risk of dependence. This includes drugs like Xanax and Valium.
• Schedule V: The lowest potential for abuse. This includes certain cough preparations and other limited narcotics.

It is crucial to have a knowledgeable drug crime attorney in Johnson County who understands the specifics of these laws and how they apply to your case. The difference between a misdemeanor and a felony can come down to a single gram or the presence of specific packaging, and our firm is dedicated to ensuring the prosecution proves its case without a doubt.

Penalties of a Kansas Drug Conviction

A drug conviction in Kansas carries severe penalties, which are determined by a complex sentencing grid based on the severity level of the crime and your criminal history. 

The penalties for a drug crime attorney in Johnson County's clients can include:

• Jail or Prison Time:
  • Marijuana: Possession of marijuana is a Class B nonperson misdemeanor for a first offense, with a maximum sentence of six months in jail. Repeat offenses can be a Class A nonperson misdemeanor or a drug severity level 5 felony.
  • Controlled Substances: Possession of a controlled substance (e.g., methamphetamine, cocaine) is typically a drug severity level 5 felony, punishable by up to 42 months in prison.
  • Intent to Distribute/Manufacturing: These charges are always felonies, with sentencing ranging from a drug severity level 4 to a level 1 felony, with maximum sentences reaching up to 17 years in prison, depending on the substance, quantity, and other factors.
• Fines: Fines can range from a few hundred dollars to hundreds of thousands of dollars.
• Mandatory Drug Treatment: The court may order you to attend and complete a drug treatment program.

The collateral consequences of a drug conviction often prove to be even more damaging.

• Permanent Criminal Record: A felony conviction will stay on your record forever. This makes it difficult to secure employment, housing, and educational opportunities.
• Driver's License Suspension: Your driver's license can be suspended, even if the drug crime did not involve a vehicle.
• Loss of Federal Student Aid: A drug conviction can make you ineligible for federal student loans and grants.
• Firearm Restrictions: A felony conviction will prohibit you from owning or possessing a firearm.
• Immigration Consequences: For non-citizens, a drug conviction can result in deportation.

Our firm is committed to fighting to prevent these life-altering consequences. Our experience as a Johnson County drug crime defense lawyer allows us to provide a robust defense and serve as a dedicated advocate for our clients.

The Legal Process In Johnson County Drug Cases

Navigating a drug case in Johnson County can feel overwhelming, but understanding the process can help you plan ahead and reduce stress. Most cases move through several well-defined stages, beginning with investigation and arrest and ending in resolution by dismissal, plea, or trial. 

Each phase requires its own legal analysis, negotiation, and advocacy from your attorney to protect your rights and safeguard your future:

• Arrest & bond: Local law enforcement agencies make arrests, and bond hearings are conducted at the Johnson County Courthouse in Olathe.
• Formal charges: The District Attorney’s Office reviews evidence and files charges according to the Kansas Sentencing Guidelines.
• Preliminary hearing: This is your chance to challenge the evidence before the case advances—our preparation often influences outcomes at this stage.
• Plea negotiations or trial: Many cases resolve through negotiation; we always prepare thoroughly for both negotiation and trial to protect your interests.
• Sentencing & post-conviction options: If convicted, we explore every option for minimizing penalties, including diversion programs or appeals when appropriate by law.

Early action is key—contacting a drug attorney in Johnson County as soon as possible can improve the odds of negotiating favorable outcomes such as pre-trial diversion or treatment in lieu of incarceration. Our extensive knowledge of local legal procedures enables us to prepare authoritative arguments, meet critical deadlines, and guide you through appearances and filings.