Can you get probation for a felony in Kansas?
In Kansas, felony convictions are deemed to be “Presumptive Probation” “Presumptive Prison” and “Border Box.” If a defendant is convicted of or pleads guilty to a Presumptive Probation offense, the legislature “presumes” that the defendant is entitled to a contract of probation.
How does probation work in Kansas?
Period of Probation The statute recommends a probation duration of 24 months for nondrug felonies ranked in severity levels 6 and 7. Up to 12 months for nondrug felonies ranked in severity levels 9 and 10, drug crimes ranked in severity level 4 (prior to July 1, 2012) or severity level 5 (on or after July 1, 2012).
Do probation officers have to give you a sanction in Kansas?
First Violation The first time the probation office believes that a Defendant is not in compliance they can impose an intermediate jail sanction not to exceed 18 days. The court can impose this sanction or the probation office can impose this sanction if the court has not withheld from them the authority to do so.
What happens if you fail a drug test on probation in Kansas?
If you continue to violate your probation by failing drug tests, your probation officer may decide to request that your probation is revoked. A judge will make this decision and then they will decide what your punishment will be. Typically, you will have to finish your sentence in jail if your probation is revoked.
Is possession of a controlled substance a felony in Kansas?
Kansas & Unlawful Possession of a Controlled Substance If found to be in violation of this law, an individual will likely be charged with a level 4 felony.
How are felony drug offenses classified in Kansas?
Kansas divides felony crimes into nondrug offenses and drug offenses. For each nondrug felony offense, the law specifies a severity level of 1 to 10 (one being the most serious and ten the least) and designation as a person or nonperson offense. The law ranks drug offenses by severity level 1 to 5 (one being the most serious and five the least).
What is the sentence for possession of drug paraphernalia in Kansas?
This crime carries a maximum 42 month imprisonment sentence. Use or possession with intent to use drug paraphernalia is a class A non-person misdemeanor under Kansas law under K.S.A. 21-36a09.b.2. The statute contains an enormously long laundry list of what can be defined as drug paraphernalia in violation of this statute.
How long is probation in Kansas for a misdemeanor?
PROBATION LENGTH AND CONDITIONS IN KANSAS. Period of Probation. The period of probation, generally, is governed by KSA 2014 Supp. 21-6608, which limits probation in misdemeanor cases to two years, subject to renewal and extension for additional fixed periods of two years.
What is a Level 4 felony drug offence?
Sale of less than 25 grams is a drug severity level 4 felony punishable by 14 months probation – 51 months imprisonment and a fine not to exceed $300,000.