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John
John, Lawyer
Category: Criminal Law
Satisfied Customers: 697
Experience:  Trial Attorney, licensed in FL, GA, & AL. Rated 10 / 10 by avvo.
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possession of drug paraphernalia first offense kansas

Resolved Question:

I understand that in KS it is a Class A non person Misdemeanor and the penalties are "First Offense: up to 1 year in prison, $2500 fine." However, I was just wondering what I can actually except to recieve. I was compliant with the cops and made friends with them, as much as possible. Furthermore, I have no priors or other offenses on my record. So I suppose my questions center on "What is a realistic sentence given this information" and "what steps should I take to deal with this situation"
Submitted: 5 years ago.
Category: Criminal Law
Expert:  John replied 5 years ago.
It is up to the judge and prosecuting attorney, ultimately, in this situation. There really is no way to say a specific average, as every case is different. However, with no priors and if you are generally a contributing member of society, I would think there is a very good chance of a suspended sentence or no time to be served and you will be put on 3-9 months of probation and have a fine to pay of $200-$500. You might could even ask the prosecutor if he would support you pleading no contest if you have not yet entered a plea. It essentially is less than a guilty plea and cleans up your record a little. I am not sure if I hane answered all of your questions, let me know.
Customer: replied 5 years ago.

With regards XXXXX XXXXX record, what ramifications does a Class A non person misdemeanor hold and how long does it stay on my record. Also, what effects does this have of employment, search for employment, background checks, etc.

 

Basically any information or knowledge you have on Drug Paraphernalia and its legal ramifications would be greatly appreciated. Obviously my main goal right now is to become as informed as possible, then to contact an attorney, and then proceed with the case, so all information is helpful. Thanks is advance for your repsonse

 

edit: also to give you more information, I am a recent college graduate who is still searching for a job so I am very concerned about this effecting my ability to gain employement.

PS. I will be clicking accept after your reply, i just wanted to give a few more pieces of info before I accepted.

Expert:  John replied 5 years ago.
Sorry for the delay. If you can get a "no contest" plea, it will prevent a guilty plea and be more favorable in the long run.

As for employment, background checks, etc, if a criminal record check is done, it will appear. Misdemeanors usually don't carry that much weight and can be explained away as a youthful (or other) indiscretion after some time. It really depends on the job you seek. For instance, your days of being in the CIA are probably done, as are alot of higher end jobs that require a spotless record. However, you can be the CEO of any company or pretty much get the vast majority of other jobs out there. You just have to honestly disclose it if asked. And read the question carefully. It may simply ask to disclose felonoes or crimes you were convicted of, etc.

Look, I was in a fraternity and know a bunch of guys that this or "Minor in possession," or similar things happened to. It is something you need to be serious about and face head on, but it is not that big of a deal in the long run. It happens. Explain your mistake to the court and prosecutor and I am sure they will try to be reasonable... better yet, if you can afford an attorney, have them work a deal with the State.

Let me know if there is something else I have overlooked.

John, Lawyer
Category: Criminal Law
Satisfied Customers: 697
Experience: Trial Attorney, licensed in FL, GA, & AL. Rated 10 / 10 by avvo.
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