Those who live on either coast may look at Kansas and imagine it as prairies and farms, insulated from the evils of the world, especially the terrifying drug epidemic. You know this isn't true. In fact, if you have a son or daughter who is facing federal drug charges, you can attest that life is not always so beautiful on the other side of the rainbow.
The phone call may have come at any time of day or night, but it still felt like a nightmare. Your child calling you from jail after an arrest for possession or distribution of heroin was the last thing you envisioned when you held him or her in your arms as a baby. You likely wanted only the best possible life for your child, and you still want that now. That is why you are searching for ways to help your child in this moment of uncertainty and fear.
Heroin is a Schedule I controlled substance
Possessing heroin in any amount is a felony that can result in about a year in jail, even for someone with no prior convictions. The penalties for a possession conviction increase depending on the amount of heroin your child possessed, so a level 1 felony, which is possession of more than 100 grams, has the potential for resulting in a 17-year prison sentence. Other factors to consider include the following:
- If this is not your child's first offense, he or she may face more severe penalties for conviction.
- Police will determine your child had the intention to sell the drugs if he or she possessed more than 3.5 grams at the time of the arrest.
- The drugs did not necessarily have to be on your child's person for police to consider your child in possession of the drugs.
- If police have accused your child of distributing heroin within 1,000 feet of designated drug-free property, the charges increase one felony level.
- If police have accused your child of distribution or trafficking offenses, he or she may be facing federal charges, especially if your child carried the drugs across state lines with the intention of selling them.
Because of the serious nature of the crime, having a conviction for heroin-related offenses, or offenses related to any Schedule I substance, can jeopardize your loved one's options, potentially for the rest of his or her life. Seeking experienced legal support may make all the difference in your child's future.