Can You Be Charged for Drugs You Didn’t Know About?

If you are arrested and charged with the criminal offense of possessing or distributing an illegal controlled substance in Kentucky, you face serious repercussions, even if you didn’t know about them. Kentucky law on drug possession does require that the accused person must “knowingly” possess a controlled substance, so technically you should not be able to be convicted if you genuinely did not know about the drugs, police may still arrest and charge you if drugs are found in your vicinity. The burden then shifts to the prosecution to prove that you knowingly and intentionally possessed the drugs, but you still need to defend yourself. If something goes wrong and you are convicted of drug possession despite claiming lack of knowledge, punishments can be severe. They may result in fines, jail time, and a criminal record that will stay with you and negatively affect every area of your life, including your employment, education and housing opportunities, and your relationships.

The stakes are too high for you to fight these charges on your own. Fortunately, there is help available from an experienced drug possession attorney who can provide guidance on the best course of action to take, based on the specifics of your case. The Lexington drug possession defense lawyers at Dan Carman, PLLC can examine the charges against you and the potential consequences of a conviction, and provide skilled, aggressive legal representation to ensure that you are treated fairly. We will work tirelessly to show you had no knowledge of the drugs in order to get your charges dismissed.

Can You be Charged for Drugs You didn’t Know About?

In Kentucky, drug possession is defined as the knowing and intentional possession of a controlled substance such as marijuana, cocaine, heroin, and prescription drug medications like OxyContin and Adderall without a valid prescription. Possession means the drugs are in your custody and under your control.

For you to be charged with drug possession, you must simply have the drugs under your control; it is not necessary that they be found on your person, so it is possible to be charged even if you had no knowledge of the drugs. Even worse, if law enforcement officers find illegal drugs they think are in your possession, they will be looking for signs like having large quantities of the drug or a large amount of money that could indicate you actually were involved in distribution or even drug trafficking. The charges and attendant consequences would then be ramped up considerably.

What Does Kentucky Law Say About Knowledge and Possession?

Under KRS 218A.1415, possession of a controlled substance in the first degree can be a Class D felony that may result in a prison sentence of up to 3 years and a fine of between $1,000 and $10,000.

Drug possession can be charged as either a felony or a misdemeanor. The seriousness of the charges depends on factors such as what substance is involved, whether this was your first offense or you had a previous criminal record, the circumstances involved(such as if you had drugs near schools or around minors), and the amount of the drug found in your possession.

Since Kentucky law defines drug possession as the knowing and intentional possession of a controlled substance, the prosecution must show that you had actual knowledge of the drugs and control over them. This is the case whether they were found on your person or in a place where you had control, such as your car or home.

If drugs are actually found on your person, such as in your pocket or bag, this is strong evidence of knowing possession. This is called active possession.

If drugs are found in a shared or common area like a home, a car, or apartment, prosecutors must prove you had both the ability and intent to control the drugs. This is called constructive possession. In this case, you don’t have to physically hold the drugs to be charged. If you have control over the area where drugs are found, and the circumstances suggest you knew about them, you can be found to have constructive possession

Simply being near drugs is not enough for a conviction; there must be evidence you knew about them and that they were illegal in nature, and had some control over them. If the such as drugs were found in plain view, mixed with your personal belongings, or in areas only you access, prosecutors can use this as evidence that infers that you were guilty of knowing possession.

How a Drug Possession Attorney Can Help Defend You

If you have been charged with possession of drugs you didn’t know about, a skilled Kentucky drug possession attorney can make a significant difference in the outcome of your case. Here’s how a drug defense attorney can help:

Argue Lack of Knowledge: A key defense in Kentucky drug cases is “lack of knowledge.” Your attorney can present evidence or arguments that show you were unaware of the presence of drugs, or that they belonged to someone else. Evidence might include witness testimony, evidence of others’ having access to the area, or even drug tests to show you do not use the substance in question. Lack of knowledge is a useful defense in situations such as if you borrowed a car in which drugs were found or rented a room in a house where drugs were found and you did not know drugs were hidden there.

Challenge Constitutional Violations of Your Rights: This defense is useful if your rights were violated, such as if there was illegal search and seizure, failure to obtain a warrant for entry, failure to have your “Miranda Rights” read at the time of the arrest, or if an improper confession was obtained. Your attorney may be able to show there were problems with law enforcement, such as entrapment, or that evidence was improperly handled, analyzed or stored. If your constitutional rights were violated, evidence may be suppressed, weakening the prosecution’s case.

Negotiate for Reduced Charges or Diversion: For first-time offenders, attorneys can often negotiate for diversion programs or reduced charges, especially if there is weak evidence of knowing possession. Successful completion of these programs can lead to charges being dismissed

Build a Comprehensive Defense: Lawyers examine all aspects of your case, including the credibility of witnesses, the handling of evidence, and any potential alibis. They may also use expert witnesses, such as drug analysts or forensic scientists, to testify on your behalf to challenge the prosecution’s claims.

Get Help If Charged for Drugs You Didn’t Know About

If you have been charged with drug possession in Kentucky and did not know about the drugs, get help from the experienced drug charge defense attorneys at Dan Carman, PLLC. Dan Carman has represented clients accused of possession and distribution of drugs for years and knows the Kentucky criminal justice system and how to gather and examine evidence. Dan knows your rights and the rules and regulations police officers must follow, and how to use their mistakes to build your case. He will look for weaknesses in the prosecutor’s case, negotiate to get your charges dismissed, and utilize expert witnesses, and he is fully prepared to take your case to trial if necessary.

Time is of the essence when you are placed under arrest, so contact us immediately for a confidential consultation to begin building a strong defense strategy. Having our skilled and experienced legal team on your side can make all the difference in securing the best results possible.