Another victory for the attorneys at Bell Folsom, P.A. Our client had been charged with misdemeanor possession of marijuana. The State, convinced that our client had a previous conviction for possession of marijuana, attempted to elevate the charge to a felony. If convicted, our client was looking at a sentence of over 3 years in prison.
Thankfully, the previous conviction that the State was relying on was from a municipal court. Municipal courts are notorious for keeping bad records; records that a prosecutor might have to rely on to prove a previous conviction. The prosecutor attempted to use a computer printout of a conviction for possession (possession of what, it didn’t say) against our client.
We used two different arguments to prevail against the State’s attempt. First, we argued that the printout did not identify the specific type of crime of conviction (possession of cocaine, for instance, versus possession of marijuana), and therefore could not be used against our client under the statute. (Example: You can’t use a prior possession of LSD conviction to enhance a current possession of marijuana to a felony. The type of narcotics possessed must be those listed specifically in the statute.) Second, we argued that there was not enough identifying information in the computer printout to prove that the person who had been convicted was actually our client. And third, we argued that there was no evidence that our client had either received or waived his right to counsel during the previous conviction. According to the Kansas Supreme Court in State v. Youngblood, decided roughly a year ago, the State cannot use uncounseled (i.e. with no lawyer) convictions to enhance someone’s sentence. Moreover, the State has the burden of proving that, during the previous conviction, the person charged either had a lawyer or had waived their right to a lawyer. On the computer printout, the State couldn’t prove anything about a lawyer.
The State dismissed the charges and the client walked out of the courthouse a free man.
The lesson in this victory is this: always, always, always investigate criminal history. Don’t simply rely on what the State tells you your criminal history is. At Bell Folsom, P.A., our experienced criminal attorneys always investigate the alleged criminal history of our clients, more often than not before the client even sets foot in the courtroom. That investigation and a knowledge of cutting-edge legal arguments often keep our clients out of jail. Contact us today, so we can start solving your problems and return you back to your life.