Drug Felony Charges While Pregnant

My question involves criminal law for the state of: Kansas

Sept. 13th my man and I were pulled over on Interstate. Reasoning was 'left to right twice within a mile'....swerving. After pulling us over & rulling DL's the officer came back & said that he smelled weed in the car {not sure how when that'd been put away for at least 2 hours}. He asked my ol man (driving) to step out, then me. Once we were out of the car he procedded to search the vehicle finding meth, weed & a pipe.

My man automatically took claim that everything was his, nothing was mine.... however they found the weed & pipe in my purse.

I myself am currently 30 weeks prego & this would be my first offense (aside from the 2 warrants I have regarding traffic violations). My court appointed forwarded me an email yesterday from the county attorney saying:

" My office is sending over some search warrant
returns along with her phone records. This evidence indicates that your
client is a dealer of meth. Therefore, the State will not take anything
less than a felony plea to distribution of methamphetamine as charged. I
should advise you that the charge should be a level II because of the
amount, so I am not willing to
amend it down. If she is willing to go to treatment, I would agree
to a departure to probation. She will have to pay court costs, attorney
fees, bids fee, KBI lab fee, SB123 fee of $300.00 and DNA fee. "

From my understanding they are only giving me the one charge, however can't I fight the phone? Don't they have to PROVE it was me who sent any messages?

My man is a 2 time fellon....this being his first drug charge. I'm totally stressin what is going to happen to him. He has his arreignment Nov. 8th & says he's gunna try to clear it all up & get me out of this mess.... cause in all honesty, none of it really was mine. Any advice? Is it possible for him to get probation, or is he going to end up spending time & missing the first years of our daughters life? Ugh :'( STRESS

These are issues you ought to be discussing with your attorney. :)

I have no idea what you mean by "fight the phone" other than fighting a subpoena for your phone records.

"Don't they have to PROVE it was me who sent any messages? "

Yes, they would, and your counsel would be free to argue you aren't the only person with access to your phone or who used it. Natural presumption given how close you are to your "man" is that he's the one who sent the texts, of course.

"I'm totally stressin what is going to happen to him."

I'd be more "stressin" what will happen to you. :)

"../ cause in all honesty, none of it really was mine."

Doesn't matter, because that's the first line that comes out of most folks' mouths, I'm afraid.

"Any advice?"

Talk with your lawyer.

"Is it possible for him to get probation, or is he going to end up spending time & missing the first years of our daughters life?"

How can strangers possibly know the answer to this? Again, I'd focus on your own problems.

At this point, since you apparently realize your guilt, I would be more concerned with the state taking your child while you both are in prison.

Talk with your lawyer.

Know that the court can issue various orders such as testing your blood or hair, and even taking your baby (once delivered) into custody. Since you apparently have a prior charge....treatment might be your best option.