Drug Crime Attorney in Overland Park

Facing Drug Crimes Charges in KS? Secure Your Future with a Leading Defense

When you face drug charges in Overland Park, you deserve answers from a drug crime attorney who takes your future seriously. At Garretson & Toth, LLC, we guide you with over 60 years of combined experience in Kansas courts. 

Our team supports you through every step, delivering clear guidance and focused legal strategies so you can move forward with confidence. We believe direct, open communication makes the process less stressful and ensures you make informed choices when the stakes are high.

Cases in Overland Park involve local law enforcement, the Johnson County District Attorney’s Office, and the Johnson County District Court. We draw on our knowledge from years spent as both prosecutors and defense counsel, helping you understand how your case might proceed through these local systems.

The stakes in your drug crimes case could not be higher. Get powerful representation from a committed Overland Park drug crime lawyer who offers free consultations. Call (913) 971-0296 or reach out online to schedule yours right away.

Understanding Drug Crimes Laws in Overland Park

Kansas law categorizes drug crimes into two major groups: controlled substance offenses and drug paraphernalia offenses. The specific charge you face—and the potential penalty—is determined by three primary factors: the type of drug involved, the quantity of the drug, and your prior criminal history. These factors can quickly elevate a misdemeanor charge to a severe felony.

In Kansas, the law strictly prohibits the unlawful possession, distribution, and manufacturing of controlled substances, as defined in the Kansas Uniform Controlled Substances Act (K.S.A. 21-5701 et seq.).

Key Distinctions in Drug Offenses

The most common drug crimes we see as an experienced drug crime attorney in Overland Park are:

• Possession of a Controlled Substance (K.S.A. 21-5706): Involves having illegal drugs such as cocaine, methamphetamine, or opioids. Most cases are charged as Drug Severity Level 5 felonies, while marijuana possession begins as a misdemeanor but can escalate to a felony with repeat offenses.
• Possession with Intent to Distribute (K.S.A. 21-5705): Prosecutors can file this serious felony charge based on drug quantity or surrounding circumstances, even without evidence of an actual sale.
• Manufacture or Cultivation: Producing or growing illegal drugs—especially methamphetamine or large marijuana grows—carries severe felony penalties under Kansas’s sentencing grid.
• Drug Paraphernalia (K.S.A. 21-5709): Possessing tools used to store, consume, or manufacture drugs can result in misdemeanor or felony charges depending on the intended use.
• Drug Trafficking: Transporting or distributing large quantities of controlled substances can lead to enhanced felony penalties, often involving both state and federal prosecution.
• Prescription Fraud: Illegally obtaining or distributing prescription medications through forgery, deceit, or “doctor shopping” is treated as a felony, with penalties similar to other controlled substance offenses.

Penalties and Collateral Consequences of Drug Crimes Convictions in Kansas

The penalties for drug crimes in Kansas are determined by the Kansas Sentencing Guidelines Grid. The severity of the sentence is dictated by the crime’s severity level (Level 1 being the most serious) and your criminal history score. Sentences can range from presumptive probation to years in state prison.

Additionally, a conviction for drug crimes doesn't end when the jail sentence is served or the fines are paid. The collateral consequences of a felony conviction can drastically impact your life for decades to come:

• Employment Barriers: Many professional licenses (nursing, teaching, finance, etc.) can be revoked or denied, and most employers conduct mandatory background checks that will reveal the conviction, severely limiting career prospects in Overland Park and beyond.
• Housing Difficulties: Landlords, especially those managing federally assisted or public housing, routinely deny tenancy to individuals with felony drug crimes convictions.
• Loss of Educational Opportunities: A drug conviction can result in the loss or denial of federal student aid, grants, and scholarships, making a college education unattainable.
• Driving Privileges: Certain drug crimes convictions in KS can trigger a mandatory suspension or revocation of your driver's license.
• Immigration Issues: For non-citizens, a drug conviction can lead to deportation or being deemed inadmissible to the U.S.

Our firm is committed to protecting your future from these long-term consequences. As your chosen drug crime attorney in Overland Park, we will explore every avenue, including diversion programs and charge reduction, to mitigate the permanent damage to your record.

The Kansas Criminal Defense Process for Drug Crimes Charges

The Kansas legal process is complex and moves quickly. A proactive defense strategy must be launched immediately following your arrest. When you hire an Overland Park drug crime lawyer from our firm, we guide you step-by-step:

1. The Arrest and Initial Appearance: Following an arrest in Overland Park, you will be booked and held until your initial appearance (sometimes called an arraignment for misdemeanors) where the judge will formally read the charges and set bail. This is the first critical point where a drug crime attorney in Overland Park can argue for a reasonable bond to secure your release.
2. Preliminary Hearing (for Felonies): If you are charged with a felony drug crimes offense, the prosecution must present evidence at a preliminary hearing to convince a judge that there is probable cause to believe a crime was committed and that you committed it. We use this hearing as a critical discovery tool, locking in witness testimony and often exposing weaknesses in the prosecution's case.
3. Discovery and Motion Practice: This is the phase where the defense gathers all evidence. Our firm files motions to suppress illegally obtained evidence—such as drugs found during an illegal traffic stop or an unlawful search of your home. If a court agrees that your Fourth Amendment rights were violated, the evidence can be thrown out, which often results in the entire case being dismissed.
4. Plea Negotiations and Diversion: Simultaneously, we will negotiate with the prosecutor. Kansas offers various diversion programs for certain first-time, non-violent drug crimes offenses. Successfully completing a diversion program results in the charges being dismissed, protecting your criminal record from a conviction.
5. Trial: If a favorable resolution cannot be reached, we prepare the case for trial. We bring decades of combined courtroom experience to relentlessly advocate for your acquittal before a jury or judge.

Our Comprehensive Approach to Drug Crimes Defense

When you trust Garretson & Toth, LLC to serve as your Overland Park drug crime lawyer, we initiate an aggressive, methodical investigation designed to uncover the facts that the State either overlooked or ignored. We believe in providing a defense that is tailored to the specific circumstances of your arrest, not a one-size-fits-all approach.

Our primary defense strategies for drug crimes cases include:

• Challenging the Stop and Search: We scrutinize the legality of the initial police contact. Did the officer have reasonable suspicion to stop your vehicle? Did they have probable cause to search your car or home? Many drug crimes cases are dismissed when we successfully argue that law enforcement violated our client's constitutional rights.
• Disputing Possession and Knowledge: For constructive possession cases, we fight the State's assertion that you had control over the location or knew the drugs were present. The drugs may have belonged to a passenger, a roommate, or been planted without your knowledge.
• Attacking Evidence Integrity (Chain of Custody): We ensure that the drugs recovered were handled properly, tested accurately, and accounted for at every step. Any break in the chain of custody can create reasonable doubt regarding the identity of the substance.
• Arguing Entrapment or Misconduct: In distribution cases, we investigate whether law enforcement used improper methods, such as entrapment, to induce you to commit a crime you otherwise would not have committed.

Our comprehensive approach ensures that the prosecution’s narrative is met with a powerful, fact-based counter-narrative, maximizing the potential for a dismissal, reduction of charges, or acquittal. We are the dedicated drug crime attorney in Overland Park you need to fight for your future.

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