Can You Be Charged for Drugs You Didn’t Know About?
October 14th, 2025 by Attorney Dan Carman

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 […]
Understanding Constructive vs. Actual Drug Possession in Kentucky
May 26th, 2025 by Attorney Dan Carman

In Kentucky, you can be arrested for drug possession if drugs were found on your body, but you also can be charged with possession if drugs were found in your house or your car, even if the drugs did not belong to you. This is called constructive possession, and is treated just as if the drugs were found in your pocket, even if the drugs did not belong to you. Both constructive and actual drug possession are criminal offenses that bring serious repercussions. Punishments can be severe, involving fines and […]
How Can I Get Off on Drug Charges?
December 22nd, 2023 by Attorney Dan Carman

If you have been arrested or are under investigation, you may wonder, how can I get off on drug charges? Arrests involving illegal drugs are common in Kentucky. Over the years, our firm has handled just about every state and federal drug charge. We have learned from that experience and can put that knowledge to work for you. How to Beat a Possession Charge Our criminal defense team is here to help you figure out how to beat a possession charge. We will closely evaluate the charges against you, your […]
How Do You Get a Possession Charge Dropped?
May 25th, 2022 by Attorney Dan Carman

Were you recently charged with drug possession? Are you wondering, “How do you get a possession charge dropped?” If so, you aren’t alone. Many people in this situation ask the same question. Keep reading to learn more about how to get a possession charge dismissed and how an experienced attorney plays an integral part in this process. Understanding Drug Possession Charges There isn’t just one catch-all drug possession charge in the state of Kentucky. Because of this, prosecutors may charge you with a first-, second-, or third-degree offense. The drug […]
Do First-Time Drug Offenders Go to Jail?
February 28th, 2022 by Attorney Dan Carman

Based on the latest media 24/7 spin, every major city in the country is suffering from drug abuse, drug-related crime, and drug addiction problems. It’s no surprise that lots of laws have also been passed increasing penalties for illegal drug activity and related arrests. So, for the average person, it’s a common assumption that a first-time drug offense could result in time in jail, depending on the severity of the charge and details of the arrest. Interestingly, the real answer varies considerably from state to state and from case to […]
Is drug possession a felony in KY?
March 9th, 2020 by Attorney Dan Carman

Is drug possession a felony in KY? Learn what type of possession is a felony from the skilled attorneys at Dan Carman Law. If you were charged with possession, we can help.
How do I Beat a Felony Drug Charge?
May 20th, 2019 by Attorney Dan Carman

Felony charges come in a variety of types, depending on the severity of the crime. In Kentucky, possession of a controlled substance is a Class D felony, punishable by one to five years in prison. Trafficking is a Class C felony, punishable by five to 10 years in prison. Repeat offenders and those charged with certain other drug-related crimes can face even more serious charges, and the most severe crimes can lead to a sentence of up to 50 years, or even life imprisonment. Regardless of the specific charges against […]
What is the Average Sentence for Drug Possession?
February 19th, 2019 by Attorney Dan Carman

What is the average sentence for drug possession? The possession of many different kinds of drugs is considered illegal under Kentucky law, leaving it difficult to determine the average sentence for drug possession. If found guilty of possession, the sentence will vary depending on the amount in possession, what drug was possessed and whether or not the defendant is a repeat offender. If the amount is large enough, a defendant may be charged with possession with intent to sell. It’s a crime to possess any amount of marijuana in Kentucky. […]
