Below are frequently asked questions about Kansas court legal proceedings, providing clarity and peace of mind for families.

What should I expect during a Kansas criminal court proceeding?

Kansas court hearings follow specific procedures based on the type of case (criminal, civil, family, etc.). For criminal matters, you will typically appear before a district judge or magistrate, and your case may begin with a preliminary hearing, followed by arraignment, motions hearing and, if necessary, a trial.

Generally, you’ll be required to appear before a judge and possibly answer questions. Your attorney will guide you on what to bring, how to dress, and how to address the court.

In Sedgwick County, criminal cases are handled at the Sedgwick County Courthouse, the Municipal Courthouse or the Federal Courthouse in downtown Wichita.

How can I prepare for my first court appearance in Kansas?

Preparation is key. For Sedgwick County courts, bring a valid photo ID and any paperwork provided by your attorney to the court. Arrive early to allow time for parking and security screening, especially during peak court hours.

Speak with your defense attorney beforehand to review your case and discuss possible outcomes. Your attorney will explain court etiquette and advise you on what to say and what not to say.

If you have questions about courtroom locations or schedules, check the Sedgwick County District Court website or call the courthouse directly.

What rights do individuals have in Kansas legal proceedings?

Individuals have important rights, including the right to legal representation, the right to remain silent in criminal cases, and the right to a fair trial. If you cannot afford an attorney, the court may appoint one for you in criminal matters.

How long do Kansas court cases usually take?

The timeline varies depending on the complexity of the case. In Sedgwick County, criminal first appearances are usually scheduled within a few days of arrest, while preliminary hearings may be set within weeks.

In more complex cases that may result in a trial, resolution can take several months due to court dockets and discovery requirements. Some hearings are resolved in a single day, while others may take weeks or months.

Your lawyer can provide a more accurate estimate based on your specific situation and the current Sedgwick County court schedule.

Can family members attend Kansas court hearings?

Most Kansas court hearings are open to the public, including in Sedgwick County, so family members are usually welcome to attend. However, some cases—such as juvenile proceedings or those involving sensitive family law matters—may be closed to protect privacy.

The Sedgwick County Courthouse requires visitors to pass through security and prohibits certain items, such as cell phones, in some courtrooms.

Check with your attorney or the court’s website for updated visitor policies and details about your specific case.

What happens if I miss a Kansas criminal court date?

Missing a court date can have serious consequences, including the issuance of a bench warrant for your arrest in criminal cases. If you miss a scheduled hearing, contact your attorney immediately to discuss your options.

The court may reschedule your appearance or require you to post bond. Failing to respond can result in additional charges or loss of bond money. Always communicate with your attorney if you cannot attend a scheduled hearing.

How should I communicate with my attorney?

Open, honest communication is crucial. Share all relevant facts and promptly respond to your attorney’s requests. Trust your defense lawyer to advocate for your best interests throughout the Kansas court process.

Why choose a local Kansas defense attorney?

A local defense attorney understands Kansas criminal court proceedings and the state’s unique processes, judges, and prosecutors. This local experience can make a significant difference in the outcome of your case, as your attorney will know the tendencies of local courts and can provide tailored advice for navigating the state’s legal system.

Facing legal proceedings in Kansas can be stressful, but you don’t have to do it alone. If you have more questions about Kansas court legal proceedings, contact the Koop Law Firm for a confidential consultation. We are here to guide your family every step of the way.

The post Kansas Criminal Court Proceedings: FAQs for Families appeared first on Koop Law Firm.

What happens if I’m caught with fentanyl in Kansas?

Being caught with fentanyl can result in immediate arrest and felony charges. The severity of the charge depends on the amount found and whether there’s evidence suggesting intent to manufacture and distribute. Even a first offense can mean significant jail time, steep fines, and a criminal record.

What are Kansas’ potential fentanyl charge penalties?

Penalties for fentanyl possession or distribution in Kansas can be severe. Simple possession is a felony and may result in prison time. If you’re charged with intent to distribute or trafficking, the consequences are even harsher, with longer sentences and larger fines.

In 2023, the state of Kansas increased penalties for crimes related to fentanyl under SB 174. The law upgraded fentanyl manufacturing from a level 2 to a level 1 felony. It also added a special sentencing rule that presumes imprisonment and doubles the maximum sentence for manufacturing or distributing a material containing any amount of fentanyl, with no appeal allowed.

What defenses do I have if I’m charged with fentanyl offenses?

You may have several legal defenses, including challenging how evidence was obtained, such as possible unlawful search and seizure, questioning whether you knew about the fentanyl, or disputing the amount found. Every case is unique, so it’s crucial to speak with a Kansas criminal defense attorney about your specific situation.

Do I really need a lawyer for my fentanyl charge?

Absolutely. A conviction for Kansas fentanyl charges can have lifelong consequences. You might face incarceration, loss of job opportunities, damage to your reputation, and restrictions on your rights like voting or gun ownership.

Kansas drug laws are complex, and prosecutors take fentanyl cases very seriously. An experienced criminal defense lawyer can explain your options, protect your rights, and fight for the best possible outcome in your case.

Where can I get help with fentanyl charges?

If you’re facing fentanyl charges, don’t try to navigate the legal system alone. Contact the Koop Law Firm for assistance with your case. Attorney Jeremy D. Koop has decades of experience as both a prosecutor and criminal defense attorney and will provide a vigorous, expert defense in your fentanyl charges case.

The post Facing Fentanyl Charges in Kansas? Your Questions Answered appeared first on Koop Law Firm.

It is important to always be respectful of jail staff, follow posted rules, arrive early for in-person visits, expect to go through security screening, and call the jail in advance for clarification if there are any questions about items or procedures.

Each Kansas county jail operates under its own procedures. Before planning a visit or sending a letter, always check the facility’s website or call the jail directly to confirm current visitation schedules, approved visitor lists, and communication protocols.

Below are five ways you can potentially communicate with someone in a Kansas jail.

1. In-person visitation

Most county jails require visitors to be on an approved list submitted by the inmate, and visits often need to be scheduled in advance, sometimes online or by phone. Visitors will need a valid, government-issued photo ID, and dress codes are enforced.

Many jails only allow non-contact (glass partition) visits, and minors usually must be accompanied by a parent or legal guardian during visits.

2. Video visitation

Many Kansas jails now offer video visitation, either onsite in a designated booth or remotely via a third-party provider. Jails schedule and monitor visits. Fees may apply for remote sessions.

3. Communication by mail

Inmates can generally receive letters, but authorities screen for contraband and prohibited content. Senders should use the inmate’s full name, booking number, and correct mailing address for the jail, and avoid sending cash or personal items unless the facility specifically permits it.

4. Phone calls

Inmates cannot receive incoming calls but can place outgoing calls through a collect or prepaid system. Authorities monitor and record jail calls, so avoid discussions of case details or sensitive information.

Families should be aware of call charges and may need to set up accounts with the jail’s phone provider if frequent contact is needed.

5. Email and messaging

Some Kansas jails allow electronic messaging through secure platforms. Authorities also monitor messages and may charge fees. Check with the specific facility for details.

The Importance of Staying Connected with Family in Kansas Jail

Staying in touch with a family member in jail is essential for their well-being and rehabilitation. For clarification on specific county policies or assistance related to a particular case, the Koop Law Firm offers experienced guidance on Kansas jail procedures and can help families maintain connections during difficult times.

South Central Kansas County Jail Visitation Information

The post 5 Ways to Stay Connected with Loved Ones in Kansas Jails appeared first on Koop Law Firm.

In Kansas, most people arrested are given an opportunity to post bond, which acts as a financial guarantee to the state court that they will appear for future proceedings. The amount and type of bond can vary widely based on the charges, criminal history, and local court practices.

An experienced criminal defense attorney can immediately review your loved one's situation, argue for a lower or more reasonable bond, and help navigate the procedures unique to each Kansas county.

Attorneys are often able to expedite the release process, negotiate with prosecutors, and represent your loved one at the initial bond hearing, where critical decisions are made that affect both cost and conditions of release.

Before posting any bond, it's important to consult with a defense lawyer who understands Kansas law and local practices. The right attorney can save your family thousands of dollars, reduce the time your loved one spends in jail, and ensure that all legal rights are protected throughout the process.

Types of jail bonds in Kansas

Cash Bond

A cash bond requires payment of the full amount in cash, a cashier's check, or a money order. This is often the quickest way to secure a loved one's release, but it can be financially challenging. If the defendant appears at all required court dates, the money is usually refunded, minus any court fees.

Surety Bond

A surety bond is obtained through a bail bondsman. The family pays a non-refundable percentage of the total bond amount (typically around 10%), and the bondsman guarantees the remaining amount to the court. This is a common option when the full cash bond isn't affordable.

Own Recognizance (O.R.) Release

Sometimes, the court may release a defendant on their own recognizance. This means the defendant promises in writing to appear for all court hearings and does not need to pay money up front. This is usually reserved for low-risk individuals and less serious offenses.

Key Steps for Families in the Kansas Jail Bond Process

1. Gather Information: Find out where your loved one is being held and what their bond amount is.
2. Contact a Defense Attorney: Hiring an experienced criminal defense attorney as soon as possible is crucial. An attorney can advocate for a lower bond, argue for release on recognizance, and identify any legal errors or unfair bond amounts. They can also represent your loved one at the first court appearance, present mitigating factors, and work directly with the prosecutor and judge to secure the most favorable terms.
3. Consider Your Options: Weigh the pros and cons of cash, surety, and property bonds based on your financial situation.
4. Be Aware of Conditions: Release on bond often comes with conditions (such as no-contact orders, GPS monitoring, etc.). Make sure your family member understands and complies with all requirements.

How to Find a Family Member's Jail Bond Amount in Kansas

To find a family member’s bond amount in a Kansas county jail, families should start by visiting the county jail’s official website, as many facilities provide online inmate search tools that display bond information.

If the information is not available online, families can call the jail directly and provide the individual’s full name and date of birth to request bond details.

Additionally, the state court where the charges were filed may also have bond information, which is typically a matter of public record.

South Central Kansas County Jail Bond Information

Navigating the bond process can be overwhelming, but you don't have to do it alone. Contact the Koop Law Firm to help ensure your loved one's rights are protected and improve your loved one's chances of a timely release. If your family needs assistance or has questions about bonds, contact our office—we are here to help.

The post What's the Jail Bond Process for Kansas State Courts? appeared first on Koop Law Firm.

Thoroughly evaluating a criminal defense attorney before hiring them is the first step to successfully navigating the state and federal legal system. 

Here are some key questions you shouldn't be afraid to ask while searching for a criminal defense attorney.

What’s your criminal defense experience?

Understanding an attorney's background is essential for prospective clients. It is important to ask about the attorney's specific experience in defense, particularly in handling cases similar to yours.

Additionally, you should ask about their trial experience as both a prosecutor and a defense attorney. While it's true that many cases are either dismissed or settled through plea agreements, you need to know if your attorney has actual trial experience in Kansas.

Do you focus on a specific area of criminal law? 

When looking for a criminal defense attorney in Kansas, ask about their specialization. Many attorneys focus on specific types of cases, such as DUIs or juvenile offenses, which can impact their effectiveness in your situation.

Understanding their success rates and familiarity with specific charges will help you assess their capability to defend you.

If the attorney lacks experience in your type of case, consider this a potential red flag. It may be beneficial to seek an attorney with a proven track record in the relevant area of law, as their expertise can significantly influence the outcome of your defense.

What is your strategy in cases like mine?

Every attorney has a unique strategy for defending clients. Some might take a more aggressive approach, while others may focus on negotiation and plea deals.

Typically, an attorney won't be able to share a detailed defense strategy until they have a thorough understanding of the facts of the case. However, they should be able to outline general approaches and what you can expect throughout your case.

Asking about their strategy is another way to gauge their experience with cases similar to yours.

What are your fees and billing structure?

Criminal defense can often be costly, so it's essential to clarify the attorney's fees upfront. Here are some important billing-related questions you should consider asking:

• Do you charge a flat fee, an hourly rate, or a retainer?
• What does the fee include?
• Are there any additional costs that could arise?

A good defense attorney will not surprise you with hidden fees or charges. Be cautious when hiring an attorney who does not clearly explain the billing process.

How will you communicate with me?

Communication is key in an attorney-client relationship. Ask about the frequency of updates on their case and their preferred communication methods.

Will your attorney be readily available to answer questions or address concerns, or will you go through other employees?

If you're considering a large law firm, be aware that you may not communicate directly with your attorney as often as you'd like. Large firms frequently rely on paralegals and support staff to field questions and manage communication.

While these professionals are skilled, they may not provide the same depth of legal insight as your attorney.

The bottomline on questions to ask Kansas criminal defense attorneys

Your future is too important to choose anything less than the best Kansas criminal defense attorney. Before meeting to discuss your case, consider writing down questions to ask the defense attorney before hiring them. Ask clear and important questions to understand how well your attorney can defend your case.

Kansas criminal defense attorneys are not all alike. Some attorneys may be better suited for certain types of cases. It’s important to find the right attorney for your specific situation and the charges you face.

The post Questions to Ask before Hiring a Defense Attorney in Kansas appeared first on Koop Law Firm.

It's important to remember that there are practical steps you can take to support your loved one.

Whether you're looking for ways to provide immediate assistance or seeking strategies for their long-term success within the legal framework, you can take actionable steps to navigate this complex situation.

1. Gather Key Information About the Arrest

To support your loved one in a Kansas jail, start by gathering information about their arrest, including the arresting agency.

Identify the county where the arrest occurred, as many county jails, including the Sedgwick County jail, offer online inmate search tools. An inmate lookup can provide essential details, including charges, case numbers, bail amounts, and court dates.

If there's no online lookup available, you can call the jail directly or visit in person for information.

Even basic information will help you have more informed discussions with a defense attorney.

2. Consult a Kansas Defense Attorney Immediately

Consulting with a qualified Kansas criminal defense attorney is crucial. An experienced lawyer can guide you through various aspects of the legal process, including:

• Lowering bail amounts to get your loved one out of jail
• Analyzing the legality of the arrest
• Developing potential defenses based on evidence
• Negotiating plea deals that could lead to lesser charges

Engaging a defense attorney early can profoundly impact your loved one's case, leading to more favorable outcomes and effective communication with law enforcement and the prosecution.

3. Familiarize Yourself with Kansas Criminal Procedures

An experienced defense attorney will guide you through each stage of the legal process.

However, understanding the basics of criminal procedures in Kansas can help your family member navigate the system more effectively.

Here are some key stages:

• Arraignment: Your loved one will be informed of the charges against them and will enter a plea. Discussing the best strategy with your attorney beforehand is crucial.
• Pretrial Motions: Your attorney may file motions to strengthen the defense, such as suppressing evidence or reducing bail.
• Trial Process: If the case goes to trial, familiarizing yourself with stages like jury selection and evidence presentation will enable you to better support your loved one.

4. Stay Connected with Your Family While in a Kansas Jail

Communication is critical for both emotional support and logistical coordination. Check the jail's protocols, as they may vary across counties.

Many jails in Kansas offer phone services and visitation rights. Understanding these policies can improve communication and help your loved one feel connected during their time in custody.

Important: Do not discuss case details during jail phone calls, as all communications—except those with an attorney—can be monitored or recorded and used against your loved one in legal proceedings.

5. Understand the Kansas Bail Process

Understanding the bail process is crucial for families with loved ones in a Kansas jail. Several factors, including prior convictions and the severity of the charges, can affect bail eligibility.

A defense attorney will help your family navigate the process, but it's beneficial to familiarize yourself with these elements to prepare for the bail hearing.

If you cannot afford the bail amount upfront, consider working with a bail bond agent. Your attorney can provide recommendations based on local resources.

Key Takeaways if Your Family is in Kansas Jail

Having a family member in jail is challenging, but you can navigate the Kansas criminal justice system effectively by staying informed. Make sure your loved one feels supported during this difficult time. Your involvement can significantly affect their case and overall well-being.

Most importantly, consult with an experienced defense attorney as soon as possible. They will help you navigate the process with confidence and improve your family member's case outcomes within the Kansas legal system.

The post 5 Steps to Take if Your Family Member is in a Kansas Jail appeared first on Koop Law Firm.

The federal sentencing guidelines are more complex than the state of Kansas' guidelines. Judges can consider various factors that may lead to a sentence that is higher or lower than the guidelines range.

Still, the federal sentencing guidelines can provide defendants with valuable insight into what to expect regarding sentencing when facing federal criminal charges.

Because of the variance and variables in federal sentencing guidelines, it is important to contact a federal criminal defense attorney. Jeremy D. Koop, an experienced attorney in Wichita, Kansas, has years of experience in helping defendants navigate the federal courts and will fight to reduce or eliminate the federal charges against you.

How the guidelines work

Federal sentencing guidelines provide a range of sentences based on the defendant’s offense level and criminal history category.

The offense level considers the crime's nature and severity. Each federal crime is assigned a specific level. Courts may increase this level for aggravating factors, like using a firearm or causing severe injury or death. Serious crimes typically have higher offense levels.

The criminal history category reflects the seriousness of a defendant’s past offenses, with those having extensive records falling into a higher category.

Once determined, the court uses the guidelines chart to find the advisory sentencing range.

How to read the federal sentencing guidelines chart

The federal sentencing guidelines chart includes a vertical axis labeled offense level and a horizontal axis labeled criminal history category, or criminal history points.

As previously mentioned, each federal crime is assigned an offense level.  The offense level is calculated by factoring in a base offense level which corresponds to the statutory violation and then adding or subtracting points based upon different aspects of the defendant and the crime. 

These other factors which impact the offense level fall into categories known as cross references, specific offense characteristics, relevant conduct considerations, adjustments and acceptance of responsibility.  

For the criminal history category, federal law includes a point system that increases the sentencing guidelines based on a defendant’s criminal history. Here is how the points are assigned under federal law:

• Add 3points for each prior sentence of imprisonment exceeding one year and one month.
• Add 2points for each prior sentence of imprisonment of at least sixty days not counted in (a).
• Add 1point for each prior sentence not counted in (a) or (b), up to 4points for this subsection.
• Add 1point for each prior sentence resulting from a conviction of a crime of violence that did not receive any points under (a), (b), or (c) above because such sentence was treated as a single sentence, up to a total of 3points for this subsection.
• Add 1 point if the defendant (1) receives 7 or more points under subsections (a) through (d) and (2) committed the instant offense while under any criminal justice sentence, including probation, parole, supervised release, imprisonment, work release, or escape status.

What affects federal sentencing?

While advisory guidelines help maintain a reasonable framework for sentences, courts have the flexibility to adjust based on unique circumstances. For instance, a federal court might decide to sentence outside the guidelines if the recommended range falls below the statutory minimum or exceeds the statutory maximum.

When making these considerations, courts take into account several key factors:

• The nature of the criminal offense
• The defendant's background and history
• The seriousness of the offense and the needs for punishment, deterrence, public safety, and correctional treatment
• Striving to prevent unwarranted disparities among similar defendants
• Ensuring restitution for victims

After reviewing these factors, a judge may decide to impose a sentence outside the guidelines. Federal judges must clearly explain their reasoning behind the sentence they impose.

The post Federal sentencing guidelines explainer: What defendants in Kansas should know appeared first on Koop Law Firm.

Defined under 21 U.S.C. § 841 (a)(1), the law makes it a crime to possess a controlled substance and intend to distribute it to others. A conviction can carry mandatory minimum penalties of prison time and the possibility of decades of incarceration. It is a much more severe charge than merely possessing a drug.

If the authorities suspect you of or charge you with possession with intent to distribute, it is crucial that you contact a criminal defense attorney immediately.

What are the elements of possession with intent to distribute?

Prosecutors must prove three elements in order to find a defendant guilty of possession with the intent to distribute a controlled substance:

1. The defendant knowingly or intentionally possessed the controlled substance.

2. The controlled substance was verified to be a substance on the federal drug schedules.

3. The defendant intended to distribute the controlled substance.

The government may have to prove the amount of drug possessed, depending on how the case is charged.  A defendant charged with possession with intent to distribute could face increased penalties under 21 U.S.C. § 841(a)(1) depending on the amount of drugs found in their possession and whether it resulted in serious bodily injury or death.

What is the sentence for possession with intent to distribute?

The federal sentence for possession with intent to distribute a controlled substance can be up to life in prison. Mandatory minimum and maximum sentences depend on several factors, including the type and amount of the controlled substance, whether it resulted in serious injury or death, and whether the defendant was previously convicted of a serious drug or violent felony.

A defendant faces at least five years in prison if found guilty with intent to distribute the following drug types:

• 100 grams of heroin
• 500 grams of cocaine
• 28 grams of cocaine base
• 5 grams of meth (actual)
• 50 grams of meth mixture
• 40 grams of fentanyl
• 10 grams of fentanyl analogue
• 100 kilograms of marijuana

The mandatory minimum increases to 10 years if a defendant is found in possession of the following drug amounts:

• 1 kilogram of heroin
• 5 kilograms of cocaine
• 280 grams of cocaine base
• 50 grams of meth
• 500 grams of meth mixture
• 400 grams of fentanyl
• 100 grams of fentanyl analogue
• 1,000 kilograms of marijuana

The statutory minimums increase if the defendant has a previous conviction for a serious drug or violent felony. Additionally, a defendant could face up to life in prison if the death or serious bodily injury resulted from certain controlled substances on the federal drug schedule.

Common defenses against the crime

If you are facing federal charges for possession with intent to distribute, you have the right to defend yourself with a criminal defense attorney.. Some common defenses against possession with intent to distribute include:

• Lack of intent: The prosecution needs to prove intent to distribute drugs. A skilled defense attorney can find weaknesses in the case to create reasonable doubt on whether the defendant truly intended to distribute the drugs.
• Illegal search and seizure: If the authorities seized the drugs as a result of an illegal search and seizure, then the court may suppress the evidence. Defense attorneys frequently raise challenges to search and seizure in cases involving drug possession.
• Entrapment: Law enforcement officials can conduct sting operations to catch criminals. However, entrapment occurs when officers or informants coerce a suspect into committing a crime that they would not have committed otherwise.

If you're charged with possession with intent to distribute under 21 U.S.C. § 841(a)(1), contact the Koop Law Firm immediately. Jeremy D. Koop, who has spent years on both sides of the courtroom, will guide you through the complex legal process with expertise.

The post Possession with Intent to Distribute: What Does the Federal Drug Crime Mean? appeared first on Koop Law Firm.

Under 18 United States Code, Section 924(c)(1), it's illegal to possess a firearm in furtherance of a drug trafficking crime or crime of violence. This is a serious offense, with some situations requiring a mandatory minimum sentence of a decade in prison.

If you're charged with federal firearm and drug trafficking charge, contact a federal criminal defense attorney immediately. At the Koop Law Firm, Jeremy D. Koop is an experienced gun crime attorney with years of experience on both sides of the courtroom. He will fight to preserve your Constitutional rights.

What possession of a gun in furtherance of a drug trafficking charge requires for a conviction

To secure a conviction for possessing a firearm in furtherance of a drug trafficking crime or a crime of violence, prosecutors must establish two key elements. Firstly, they must prove the defendant committed the underlying crime, such as drug trafficking or a violent crime. Secondly, they must prove the defendant used or carried a firearm during or in relation to the underlying crime.

Significantly, the phrase "during or in relation to" means the gun either played an integral role in the crime, made the crime easier to commit, or merely had the potential of facilitating the crime.

As you can imagine, gray areas can exist in federal possession of a gun in furtherance of a drug trafficking crimes. Being near a firearm at the scene doesn't establish possession for a crime. The firearm's presence could be unrelated or coincidental to the underlying offense.

Therefore, when assessing whether the possession of a firearm furthers a criminal activity, several factors come into play, including:

• The type of criminal activity
• The usefulness of the firearm
• The extent to which the firearm was observed before, during, and after the crime

Penalties for possession of a firearm in furtherance of a drug trafficking crime

The mandatory minimum prison sentence for possession of a firearm in furtherance of a drug trafficking crime depends, in part, on how the defendant used the gun. Discharging the firearm results in a 10-year mandatory minimum prison sentence. Brandishing a firearm will result in a seven-year minimum sentence. Possessing or carrying a firearm results in a five-year minimum sentence.

According to the U.S. Sentencing Commission, the average sentence for possession of a firearm in furtherance of a drug trafficking crime is 142 months in prison or approximately 12 years.

Thus, the severity of the penalty for this crime emphasizes the need for an experienced federal criminal defense attorney to represent you.

Common defenses against the charges

If you have been charged with possession of a firearm in furtherance of a drug trafficking crime, your attorney may employ several strategies to defend your rights. Some common defenses against the charge could include:

• No connection between the gun and crime
• The defendant was unaware of the firearm's presence or did not intend to use it to further the crime
• Challenging the validity of the underlying crime
• The firearm wasn't present at the scene or another person actually possessed it

If you or someone you know is charged under 18 U.S.C. section 924(c)(1), seek legal help immediately. Federal criminal defense lawyer Jeremy D. Koop has the expertise to defend against these serious charges. Contact us today.

The post Federal Firearm Possession and Drug Trafficking Charges: What to Know appeared first on Koop Law Firm.

Specifically referenced under 21 U.S.C. § 843, the offense makes it illegal to knowingly use any communication device like a phone, the mail, or the internet to commit, facilitate, or assist in the commission of a felony drug crime.

If you have been charged with unlawful use of a communication facility under 21 U.S.C. § 843, you are facing serious federal criminal charges with the possibility of years in prison.

Key elements of an unlawful use of a communication facility charge

To convict on this charge, the government must prove three key elements beyond a reasonable doubt, including:

1. That you knowingly used a specific communication facility, such as making a phone call.

2. That you used the communication with the intent to commit, facilitate, or assist in a specific underlying felony drug crime. The jury must be instructed that the alleged drug crime is a felony offense.

3. That the underlying felony drug crime occurred. However, you don't have to be convicted of the underlying felony.

Importantly, the law defines "facilitate" broadly as making the commission of a drug felony easier or aiding in any way. Even using a phone to get a busy signal when trying to reach a drug dealer can qualify as facilitation.

However, contacting a dealer to get drugs for personal use is not a violation of 21 U.S.C. § 843 because personal use isn't a felony drug crime.

Sentence length for unlawful use of a communication facility

The maximum prison sentence for unlawful use of a communication facility is four years. If the defendant has a previous felony conviction under federal drug laws, the maximum prison sentence is eight years.

Notably, each unlawful use of a communication facility counts as a separate offense. This means a defendant could quickly face a lengthy prison sentence if prosecutors can prove numerous violations of the law.

Defenses against unlawful use of communication facility drug charges

The charge of unlawful use of a communication facility hinges on these three key elements: Knowingly using a communication facility, intentionally facilitating a felony drug offense, and the occurrence of the underlying felony drug crime itself, even if the individual is not convicted of that crime.

To effectively defend against these charges, a criminal defense strategy should focus on challenging or refuting at least one of the three key elements, as successfully disproving any of these requirements could potentially lead to the dismissal of the charges against the defendant. If a defendant is ultimately convicted, a criminal defense attorney can help them lessen the potential punishment at sentencing.

If you are under investigation or charged with unlawful use of a communication facility related to drugs, you need an experienced defense lawyer on your side. Jeremy D. Koop, a Wichita, Kansas-based defense attorney experienced in federal crimes, will fight to uphold your Constitutional rights.

Contact us to learn more about how we can develop a thorough case strategy.

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