Get help from a Lexington drug possession lawyer if you have been charged with the criminal offense of willfully possessing or distributing an illegal controlled substance.
Drug charges are taken seriously in Kentucky, and punishments can be severe, involving fines and jail time. A conviction will bring 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.
For you to be charged with drug possession, you must simply have the drugs under your control. If law enforcement officers find illegal drugs in your possession, they will be looking for signs that you actually were involved in distribution. Things like having large quantities of the drug, or having packaging or scales, or a large amount of money in your possession could be viewed as indications of drug trafficking. The charges and attendant consequences will be ramped up considerably.
Our drug possession lawyer at Dan Carman and Attorneys knows the proper procedures required in all types of drug cases, and our team is here to help. We provide skilled, aggressive legal representation to ensure that our clients facing drug possession and trafficking charges have been treated fairly. We know the courts, the judges, and the system and will work tirelessly to get your charges reduced or dismissed.
We offer a free consultation to discuss the circumstances of your drug possession charges and determine the best way to move forward. Call our drug crime lawyers today at 859-685-1055 to get started.
DRUG POSSESSION LAWS AND PUNISHMENTS
Possession, as defined by Kentucky law, means the drugs are in your custody and under your control; it is not necessary that they be on your person. Drug possession can be either a felony or a misdemeanor, and the severity of the charge depends on the factors such as the substance involved and the amount in your possession. Though some people consider drug possession a minor crime, a conviction can have major consequences, including imprisonment, probation, lengthy screening periods, and fines.
If you are found in possession of any amount of methamphetamine, cocaine, heroin, LSD, GHB, or any narcotic classified as a Schedule I or II substance, you will face First Degree drug possession charges.
Second Degree drug possession applies to drugs that are classified as Schedule I or II but which are not included in the First Degree category. This includes some prescription drugs.
Possession of marijuana is also illegal in Kentucky. Possession of less than 8 ounces is a misdemeanor, punishable by a maximum sentence of 45 days’ imprisonment and a maximum fine of $250. Possession of more than 8 ounces is usually charged as “possession with intent to sell” and carries felony penalties dependent on the amount in question and your criminal history.
Under KRS 218A.1415 possession of a controlled substance 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.
HAVING A DRUG POSSESSION LAWYER CAN MAKE A BIG DIFFERENCE IN THE OUTCOME OF YOUR CASE
If this is the first time you have been charged with possession, our Lexington drug possession lawyer may be able to get your charge either voided or expunged. Expungement can happen in certain circumstances after successful completion of treatment, probation, or sentence.
- Voided Drug Possession Conviction — If your conviction is voided, the records will be sealed immediately and cannot be released or used against you. You may have your drug possession conviction voided only once.
- Expungement of Possession Conviction – Expungement requires a 5-year waiting period from the completion of a probation or prison sentence.
DIVERSION AND DEFERRED PROSECUTION OF DRUG POSSESSION CHARGES
In some instances, those charged with possession of a controlled substance are eligible for a drug diversion program. Deferred prosecution is also an option in some circumstances. When prosecution of a drug possession charge is deferred, the defendant agrees to terms set by the prosecution and the judge, which likely will include enrolling in a substance abuse program. Upon successful completion of the program, charges are dismissed.
GET A LEXINGTON, KY, DRUG TRAFFICKING LAWYER ON YOUR SIDE
Drug charges that escalate to distribution or trafficking make it more important for you to have a drug trafficking lawyer to fight for your rights.
Drug distribution (or trafficking) is the selling, furnishing or delivering of an unlawful controlled substance, such as marijuana, cocaine, methamphetamines, heroin and prescription drugs such as oxycodone. Distribution charges are often brought against people who try to sell drugs to an undercover officer or a confidential informant. In addition, when police are looking for evidence of distribution, the suspect’s text messages are typically a good source of this type of information.
Both federal and Kentucky state laws apply to drug distribution cases. Drug distribution charges differ, depending on factors such as the type of drug, amount of drug and any prior offenses of the defendant.
Factors that Affect Drug Trafficking Penalties
Several factors impact the penalties applied in distribution cases: type of drug, quantity of drug, whether minors were involved, whether the distribution happened near a school, whether there were prior convictions. Distribution of drugs such as heroin will typically be dealt with more severely than drugs such as marijuana. In addition, possession or use of a firearm in conjunction with trafficking can result in a stiffer penalty, as will distributing to minors or in a school zone.
Many of Kentucky’s drug laws are based on and closely related to federal laws. There are many circumstances in which drug charges, especially those related to drug distribution and trafficking, are handled by federal authorities.
HELP IS AVAILABLE FROM A DRUG DISTRIBUTION CHARGE LAWYER
Because a charge of distribution is a serious one and could have serious repercussions that last for many years, you would be wise to seek representation from an experienced drug distribution charge attorney at Dan Carman to aggressively fight to have the charges reduced.
Our drug trafficking attorneys can help by:
- Investigating the circumstances of your drug charge to determine what happened and the best way to build a solid defense.
- Scrutinizing the actions of the law enforcement officials to determine whether the laws pertaining to search and seizure and arrests were fully met. Evidence found to be inadmissible due to its being unlawfully obtained can greatly enhance the possibility that you will be found not guilty.
- Examining other circumstances surrounding the case to make sure your rights are protected.
- Looking for ways to have certain charges dismissed or lessened.
If you or a loved one has been charged, or suspect that you will be charged with drug possession or drug trafficking in Kentucky, call Dan Carman and Attorneys. Time is often of the essence when you’re placed under arrest. It’s important to reach out to us as soon as possible. We understand how important cases are to our clients and their families, and we work tirelessly to make sure their needs are met. Call a drug possession and trafficking lawyer on our team today at 859-685-1055.