Lexington Drug Defense Lawyer

Each year, more people are charged with drug-related offenses nationwide than any other crime. Drug crimes are a national epidemic.

If you’ve been arrested for a drug crime, you’re probably scared and feeling uncertain about what happens next. Drug defense lawyer Dan Carman understands that sometimes people make mistakes, but it doesn’t have to ruin the rest of your life.

Yes, drug arrests are serious, and prosecutors and juries have little sympathy for drug users and sellers. Law enforcement and the legal system are cracking down hard on drug cases. Rather than worrying and getting stressed, take action. Dan Carman is a skilled drug defense lawyer who can argue aggressively on your behalf to secure the best possible outcome for your case. For a free initial consultation about your case, contact Dan at (859) 685-1055.

In 2012 alone, drug abuse violations resulted in law enforcement’s making over 1.5 million arrests across the country. Over 21,100 of those arrests were in Kentucky. That’s a lot of people who need solid legal advice while they face the possibility of losing their job, their friends, their family, and their freedom.

How Our Lexington Drug Defense Lawyer Can Help

It’s an unfortunate truth that society tends to take a negative view of anyone charged with a crime, regardless of how the case turns out. In 2012 alone, drug abuse violations resulted in law enforcement making more than 1.5 million arrests across the country. Over 21,100 of those arrests were in Kentucky. That’s a lot of people who need solid legal advice while they face the possibility of losing their job, going to jail or prison, paying hefty fines, forfeiting their home, embarrassing their family, and losing their freedom.

The Carman Law Firm believes that every accused person is innocent until proven guilty. We understand that bad things can happen to good people. This is especially true for those battling with issues of substance abuse or addiction. If you have been arrested for a drug offense, an experienced drug defense attorney can help.

Dan Carman has decades of experience representing people arrested for drug crimes. He practices law in all Kentucky courts, the United States District Courts for the Eastern and Western Districts of Kentucky, and the U.S. Court of Appeals, Sixth Circuit. He is tested and true when defending clients in both initial trials and appeals. Dan Carman is a member of the American, Kentucky, and Fayette County Bar Associations. He is an attorney you can trust because he is direct, honest and forthright.

Beyond this, he served as a law clerk for the Honorable Jennifer B. Coffman, U.S. District Courts for the Eastern (Chief Judge) and Western Districts of Kentucky. He also served as a JAG attorney in the U.S. Marine Corps. achieving the rank of Captain.
As you can see, Dan has earned his stripes and put in the years to achieve a level of legal skill and experience that is second to none. If you want a strong, aggressive drug defense lawyer fighting for you, contact Dan Carman today at (859) 685-1055.

Dan Carman is compassionate, understanding and knows how to listen.

We provide strong criminal defense to clients throughout the state in communities such as Fayette County, Lexington, Winchester, Georgetown, and Nicholasville. Each of our clients receives the same aggressive and thorough representation, all aimed to take advantage of every opportunity for reduced bond, case dismissal, reduced charges, reduced sentences, and alternatives to imprisonment.

In his years of experience as a Lexington criminal defense attorney, Dan has successfully represented numerous individuals who have been arrested on drug charges. He has defended clients accused of serious felonies as well as lesser crimes and is dedicated to building the best possible defense for every client, depending on the unique circumstances of each case. He knows it can be hard to discuss such personal matters and will do his best to make you feel comfortable. Conveniently located in Lexington, he has helped countless people just like you. Call his office at (859) 685-1055 or fill out our contact form.

WHAT’S THE PROCESS FOR WORKING WITH A DRUG CHARGES LAWYER?

Dan will meet with you promptly and listen to your side of the story. He will take a lot of notes and ask you several questions of his own. He will also take the time to answer all of your questions, and he will explain what will happen over the next several days and weeks in the legal system. He will work vigorously to review the evidence, examine lab reports, and determine whether there was any police misconduct or mishandling of evidence, which could reduce or dismiss the charges against you.

Then Dan will explain to you your legal options. Whether you choose to plea bargain or go to trial, Dan will negotiate and argue aggressively on your behalf. He understands that your future is on the line, as is the well-being of your family. He will leave no stone unturned in pursuing the best possible outcome in your case.

CONCERNS THAT YOU MAY HAVE

We know that your mind is swirling with concern and worry, and it’s likely keeping you up at night. It is scary to face drug charges and have no idea what’s going to happen to you. Here are answers to common questions that we hear:

Will I be able to post bail and get out of jail after arrest?

In many cases the answer is yes, particularly if this is your first offense and you are charged with only possession. Each case is different, but generally bail is possible. However, this is not necessarily true if you are a repeat offender or a flight risk, or if the crime was complicated by an altercation with police officers or involved the serious injury or death of another person.

Will my employer find out about my drug arrest?

There is no reason that your employer should find out about your arrest. In some rare cases local newspapers may print lists of arrests and arraignments, but your employer might not see these. Perhaps a bigger concern where your employment is concern is random drug testing. Many businesses and corporations require drug tests of job candidates and conduct intermittent drug testing of existing employees, particularly those handling heavy equipment or in dangerous working conditions.

Does it cost a lot of money to hire a drug defense lawyer?

Each case is different depending on the complexity of the charges and the number of hours involved. Generally, plea bargain cases require fewer attorney hours than do cases that go to court. For a more detailed estimate of the cost of an attorney, call the Carman Law Firm at (859) 685-1055.

Will my family face harassment or difficulty?

No officers of the court should harass or have reason to be in touch with your family members. It is possible that friends or neighbors who find out about your arrest could be standoffish or judgmental. It is hard to tell how people will react to your drug arrest.
If you have additional concerns or need answers to questions, feel free to give the Carman Law Firm a call at (859) 685-1055. An initial consultation is free.

Drug Offenses We Handle

The drug defense lawyers at the Carman Law Firm routinely represent clients charged with a variety of drug crimes. Some are extremely serious and others are less so, but we bring our toughest approach to each and every case. We do not shy away from arguing in front of a jury if that is the best path for your case. The offenses we handle include the following:

The drug defense lawyers at the Carman Law Firm routinely represent clients charged with:

Lexington Drug Conspiracy Lawyer

Have you been accused of agreeing with someone else to illegally distribute drugs? Most times, agreement is sufficient for the charge; actual delivery does not need to occur. A charge of conspiracy is often a supplemental charge, bundled along with more serious accusations of possession or distribution.

Drug Possession in Kentucky

It is not necessary that you have drugs in your pocket to be charged with possession. Rather, the drugs must be simply in your custody and under your control. Though some people consider drug possession a minor crime, it can have major consequences, including imprisonment, probation, lengthy screening periods, and fines.

Drug Distribution/Trafficking

Charges of distribution or trafficking involve the selling, furnishing, or delivering of an illegal drug. If you are found in possession of drugs, you can be accused of distribution if the police believe you intended to sell them. The drug type, the quantity, whether you have any prior offenses, and whether any minors were involved are all factors that will affect the charges and the penalties.

TYPES OF DRUGS INVOLVED IN ARRESTS

  • Cocaine
    The second most popular recreational drug, cocaine is illegal under both federal and state laws. The penalties for conviction of possessing or trafficking either powder cocaine or crack cocaine can be severe.
  • Controlled substances
    Chapter 218A of the Kentucky Revised Statutes forbids the manufacture, possession, use, and distribution of drugs that have been determined to be dangerous, habit-forming, or inappropriate for use without a prescription. All controlled substances are classified into schedules based on their potential for abuse as well as the medical benefits they provide.
  • Heroin
    Highly addictive, heroin is often cheaper than pain pills and easier to find. It also results in a large number of fatal overdoses and carries stiff penalties for those accused of possession, manufacture, and sale.
  • Marijuana/Pot
    Though societal views toward marijuana have changed in some states, here in Kentucky, as of 2014, all marijuana possession, manufacture, sales, and use is still criminalized.
  • Methamphetamine/Crystal Meth/Meth
    This drug has a high potential for abuse, though it does have some limited medical benefit and is not illegal to use if you have a prescription. If this is your first or second offense related to meth, you may be eligible for participation in a deferred prosecution program.
  • Prescription Drugs
    There are a host of actions that can lead to charges of prescription drug fraud, including lying to your healthcare professional in order to get a controlled substance, giving a pharmacist a forged prescription form, sharing prescribed drugs with someone else, and falsely claiming to have lost drugs from an authentic prescription.
  • Opiate-related Substances
    The opioid epidemic in America is very real, and law enforcement is working overtime to crack down on use and distribution. Opiate-related substances and derivatives are very addictive, and arrests for use or sales carry significant penalties if convicted.

PENALTIES FOR DRUG CHARGES IN KENTUCKY

Penalties for drug charges in Kentucky vary depending on the substance involved, the amount, the location (if near a school), and whether the person is a repeat offender. Also, penalties are generally more severe for sales and trafficking than for use.
Kentucky penalties include:
Class D Felony: Imprisonment for at least one (1) but not more than five (5) years
Class C Felony: Imprisonment of at least five (5) but not more than ten (10) years
Class A Misdemeanor: Imprisonment with a maximum of ninety (90) days to twelve months

Kentucky Marijuana Laws

Code Section: 218A.010, et seq. Possession: Class A misdemeanor (includes less than 5 plants); over 5 plants: Class D felony
Sale: Under 8 oz.: Class A misdemeanor; Subsequent offense: Class D felony; 8 oz. to 5 lbs.: Class D felony; Subsequent offense: Class C felony; Over 5 lbs.: Class C felony; Subsequent offense: Class B felony; Possession of over 8 oz. is considered intent to sell

Kentucky Cocaine Laws

Code Section: 218A.010, et seq.
Possession: Class D felony 1st offense, Class C felony subsequent offenses
Sale: Class C felony 1st offense, Class B felony subsequent offenses
Selling to minor: Class C felony 1st offense, Class B felony subsequent offenses
Trafficking: Class C felony 1st offense, Class B felony subsequent offenses; Higher penalties within 1,000 yards of a school

Kentucky Heroin Laws

Code Section: 218A.010, et seq.
Possession: Class D felony 1st offense, Class C felony subsequent offenses
Sale: Class C felony 1st offense, Class B felony subsequent offenses
Selling to minor: Class C felony 1st offense, Class B felony subsequent offenses
Trafficking: Class C felony 1st offense, Class B felony subsequent offenses; Higher penalties within 1,000 yards of a school

If you have specific questions about the penalties that you may face based on the elements of your arrest, contact attorney Dan Carman at (859) 685-1055 for a free consultation.

FEDERAL PENALTIES FOR DRUG CHARGES

Possession, use, or distribution of illicit drugs is strictly prohibited by federal law. Severe penalties are enforced for drug convictions, including mandatory prison terms for many offenses. Penalties increase significantly where use of the illicit drug results in death or serious bodily injury.

Federal Drug Possession Penalties (21 USC §844)

Persons convicted of illegally possessing any controlled substance will encounter penalties of up to 1 year in prison and a minimum fine of $1,000, or both. Second convictions include not less than 15 days but not more than 2 years in prison and a minimum fine of $2,500. Subsequent convictions carry heavier penalties of not less than 90 days but not more than 3 years in prison and a minimum fine of $5,000.

Civil penalties of up to $10,000 can be imposed for possession of controlled substances, regardless of whether or not criminal prosecution is pursued. Someone convicted of possession can also be fined for the costs of the investigation and prosecution resulting from an arrest. Penalties for possession with intent to distribute can be even more burdensome.

Drug Paraphernalia (21 USC §863)

Someone convicted on federal charges of the sale, export, import, or shipping of drug paraphernalia faces penalties of up to 3 years in prison and a fine.

Forfeiture of Personal Property, Real Estate (21 USC §853)

Someone convicted of a federal drug offense punishable by more than one year in prison will forfeit to the United States any personal or real property related to the violation, including houses, cars, and other personal belongings.
Denial of Federal Benefits (21 USC §862)

A federal drug conviction can result in the loss of federal benefits, including grants, contracts, school loans and licenses. Federal drug trafficking convictions can result in denial of federal benefits for up to 5 years for a first conviction, 10 years for a second conviction, and permanent denial of federal benefits for a third conviction.

Drug Trafficking (21 USC §841)

Penalties for federal drug trafficking convictions vary according to the quantity of the controlled substances sold. Someone who violates federal drug trafficking laws within 1,000 feet of a university may face penalties or prison terms and fines up to twice as high as the regular penalties for the offense, with a mandatory prison sentence of at least one year (21 USC §860).

Get An Aggressive Defense From Drug Charges Lawyer Dan Carman

Drug charges are some of the most serious you can face with Kentucky law and with the federal government. Sentencing is stiff, and it gets harsher with repeat offenses and when sales and trafficking are involved. If you have a problem with substance abuse, now is the time to get help, before additional use results in future arrests and more severe imprisonment and fines. Addiction is a disease and not a moral failing, so take steps to recover and maintain your hopes for the future.

Involvement in drug trafficking, sales and distribution carry even more severe penalties, especially at the federal level. Punishments can last for life. These are not consequences you want to face, so you need an aggressive and tough defense lawyer.

If you have been charged with a drug offense or any crime in Kentucky, the Carman Law Firm offers experienced representation. Dan Carman has practiced law in Kentucky for years, and also served as in-house counsel for an infantry battalion when he was deployed to Iraq as a U.S. Marine. From arrest to appeal, he has the necessary expertise to effectively maneuver your case through the criminal process. Contact him by phone at (859) 685-1055 or by filling out our contact form.