Legal Question in Criminal Law in Kansas

class a misdemeanor possession (marijuana)

My son (19y/0) was arrested and charged with misdemeanor marijuana possession and possession of paraphanalia (pipe). Because a 16 y/o female was present he and another female friend were charged as co-defendants on a charge of contributing etc., also a class A midemeanor in Kansas. He has a totally clean record, thus, the above are first offenses. My question is, what are the minimum and maximums. He has plead not quilty, although the county has a clear-cut case. Additionally, his first name on the charges and warrent is misspelled. Finally, when the judge asked him "How do you plead?" and son answered "not guilty" after all the charges were read to him, the judge did not ask him how plead to the individual charges. He did ask the girl with whom he was charge how she plead to each charge individually. He had her plead three times.


Asked on 11/24/99, 7:53 am

1 Answer from Attorneys
Kip Johnson Attorney at Law

Re: class a misdemeanor possession (marijuana)

Possession of marijuana, as a misdemeanor, is a class A misdemeanor, a class A misdemeanor has a sentence of upto 1 year in the county jail and a fine upto $5000. (I think this is the right amount, it might only be $2500).

Possession of para. is a class B misdemeanor and the the penalty is upto 6 months in the county jail and a fine of $2500. (Again, the fine might only be $1500, I can't remember right now)

Your son should consult an attorney immediately if he has not done so already. Even if the State has an "open and shut" case, an attorney can negogiate a plea agreement or review police reports for issues you might not be aware of.

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Answered on 2/22/00, 7:59 am


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