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Possession of Marijuana / 2nd charge/ 2nd state

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clydealan83

Junior Member
What is the name of your state (only U.S. law)? Kansas

ok, so i'm sitting in my room watching tv and somebody beats on the door. i knew it was the police because nobody else is that rude. they kicked the door open before we could even get to the door. i asked them for a search warrant. they said they had one and i said "well let me see it, you cant go in until i see it" they then grabbed me and my mother and threw us off the porch onto the grass. after they searched for at least 15 mins an officer comes to the police car they had stuffed me in and throws a piece of paper at me and says "you've been served" the search warrant had possession of marijuana listed as the reason for the search. i do not sell, i only smoke. i didnt know cops were kicking in smokers doors but anyway they found less than a half ounce of weed in the house. they are trying to charge me and my mother with the same bag which was found in the living room. well i have a previous possession charge out of sherwood, ar. the officer said theyre charging me with felony possession. while in jail they served me a commit warrant that had the charge as a misdemeanor.

my question is can they charge me as a repeat offender in kansas when i have actually never been charged in kansas for possession....only in arkansas.
i have court monday and im trying to decide what to do. please offer any help you can
 


BOR

Senior Member
Plead not guilty. If you are indigent, you are entitled to a public defender.

Although I do not know specifically if they can charge you for an out of state offense, it "may" be a "sentence enhancement" of sorts. A repeat offense in that state OR any comparable legislation violation from another state.

Your attorney can address this legal matter.
 

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