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My boyfriend has a suspended licence and he was caught

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My boyfriend has a...

My boyfriend has a suspended licence and he was caught driving. He had a friend with him on the passenger seat and he has charges. He also had drugs in the car. Now my boyfriend is being charged for them. They stopped him for no reason. Police is saying that the car he was driving was the reason why they stopped him.

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when did this happen?

Kansas, this happened yesterday

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My boyfriend does have a background and has been in prison. The cops in this town know him and seems they always on his back due to his record.

Submitted: 8 months ago.Category: Criminal Law
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Answered in 1 minute by:
11/18/2017
Criminal Lawyer: Nisha Jones,
 replied 8 months ago
Nisha Jones
Category: Criminal Law
Satisfied Customers: 3,487
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good evening, I am a Criminal Defense attorney and former Prosecutor for the State Attorney's Office, and I'll be answering your questions today. Keep in mind this is for informational purposes only and we do not have an attorney-client relationship. Please allow me just a few minutes to review your question, thank you!

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Criminal Lawyer: Nisha Jones,
 replied 8 months ago

I'm sorry to hear about your boyfriend's situation.

Was there a problem with the car he was driving? ..for example, an expired tag or broken tail lights?

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Criminal Lawyer: Nisha Jones,
 replied 8 months ago

In Kansas, driving on a suspended license is a misdemeanor offense.

It's punishable by up to six months in jail and a $1,000 fine.

The penalty for the drugs will depend on what type of drug it is and how much there was in the car.

Even though the drugs may not be his, if they were found in his car and the other person in the vehicle did not take responsibility for it, then your boyfriend can still be charged for them under the theory of constructive possession.

That being said, depending on the facts and details of what exactly occurred, your boyfriend may have a valid legal defense to contest the stop, and thereby possibly contest what transpired from there.

He should look into hiring a defense attorney right away to get to work on his case, there are motions that can be filed and negotiations that can be discussed with the prosecutor, even early on in the case.

If he cannot afford a private attorney right now, then the court will appoint him a public defender at his first court date.

I hope that helps!

Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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Criminal Lawyer: Nisha Jones,
 replied 8 months ago

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!

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