Heroin Charges & Criminal Defense

If you know what Dragon, Big H, Mud, Skag and Smack are (heroin), you might also know what Pocks First is. That’s the way it’s pronounced. It’s spelled POCS 1, and it stands for Possession of a Controlled Substance in the First Degree. Heroin is bad news – and so is POCS 1.

If you’ve been charged with POCS 1 or any charges related to heroin, you’re going to need an experienced drug attorney.

Dan Carman, PLLC will be able to help you through the legal tangle and negotiate the best possible outcome for you. Call us at (859) 685-1055 as soon as you know you are facing drug charges, or use this online form.


Heroin is synthesized from morphine. In its purest form, it is a fine, white powder. More frequently it is a rosy gray, brown or black and is mixed with toxic ingredients. It was first marketed as a non-addicting alternative to cough suppressants, but that turned out to be an error of major proportions.

Heroin can be injected, snorted or sniffed, or smoked. It is a highly addictive substance, no matter how you use it, and it enters the brain very quickly. It is estimated that one-fourth of the people who try heroin become addicted to it.


Heroin has replaced prescription pain pills as the drug of choice in some parts of Kentucky, both because officials have been successful in their efforts to curb prescription pill abuse and because it is cheaper than pain pills. The Department of Justice estimates that an abuser could maintain their addiction at a cost of one-third to one-half of what prescription opioids would cost.

And it isn’t hard to find. Fayette County Commonwealth’s Attorney Ray Larson says it is coming mainly from Cincinnati, Detroit, Atlanta and Mexico.


Heroin Addiction lawyerSince 2012, when Kentucky lawmakers passed the state’s “pill mill” law cracking down on the unnecessary prescription of pain medication, people who once used pills have started turning to heroin.

Northern Kentucky has seen heroin use skyrocket in recent years. While Boone, Kenton and Campbell counties accounted for only 8.4 percent of Kentucky’s population in 2011, nearly 60 percent of the state’s heroin prosecutions occurred there. In 2011, there were only five heroin-related arrests in Boone County. That number jumped to 35 in 2012. The number of heroin deaths in Northern Kentucky doubled from 33 in 2011 to 66 in 2012.

In Kentucky’s largest city, Louisville’s heroin epidemic is staggering. According to the Louisville Metro Police Department, there were 32 heroin arrests in 2008 and 779 in 2012 – a whopping 2,334 percent increase. Seizures of the drug in the same time span went from 104.4 grams in 2008 to 7,087 grams in 2012 – up 6,688 percent.


Even though the purchase of heroin may not cost you an exorbitant amount of money, it could exact the ultimate price – your life. Law enforcement and health officials in Kentucky have reported a spike in the number of fatal heroin overdoses in recent months. In Lexington, where more than a third of the county’s overdoses in 2012 were from heroin, a task force is addressing the problem.

And even if the drug doesn’t actually take your life, a heroin conviction can mess it up just as surely as an addiction can. Heroin is a Schedule I narcotic, pursuant to KRS 218A.050(2), which defines all Opium derivatives as such. Schedule I is the classification for the most dangerous drugs, those which are considered to have a high potential for abuse and are generally without medicinal value.

Possession of a Controlled Substance in the First Degree is a class D felony, carrying a penalty of 1 to 3 years. Those facing trafficking charges are looking at 5- to 10-year sentences. Under federal law, there is a mandatory minimum 20-year prison sentence, and a maximum sentence of life, when an overdose death is linked to a drug dealer.

You may have taken heroin thinking it would make your problems disappear. Instead, they may have multiplied. And problems with the law don’t just disappear – you’ll need the help of an attorney experienced in drug crime defense, one who knows what questions to ask and what steps to take so you can put this behind you and get on with the rest of your life.


Dan Carman understands that there are reasons why his clients started using heroin. Without addressing those causes, the addiction may continue despite the best intentions and promises to quit. Solving these problems and stopping the addiction is not only critical to reducing possible criminal penalties but turning your life around.

Defending those involved with drugs has always been a part of Dan Carman’s entire criminal defense career. He understands it can be a personal Hell, no matter what drugs were used, how poor or wealthy the client.

Your addiction is ruining your life and impacting the lives of all of those around you. Dan Carman understands the crisis you’re suffering and understands that you’re a fellow human being who deserves respect and an opportunity to turn your life around.

No one is beyond saving, even you, no matter what you’re accused of or your heroin use. You need to take the steps necessary to make heroin part of your past, not your present or future.

Dan Carman can help you address the criminal charges that should make you realize you truly need to make changes in your life.

A phone call to Dan Carman could be the next step you need to take. We take seriously what could be serious business for you and your family. Contact us by phone at (859) 685-1055 or through our online form here.

Attorney Dan Carman

Attorney Dan CarmanFocusing on criminal matters, Mr. Carman is admitted to practice law in all Courts of the Commonwealth of Kentucky, the United States District Courts for the Eastern and Western Districts of Kentucky, and the United States Court of Appeals, Sixth Circuit. He is a member of the American, Kentucky, and Fayette County Bar Associations. Mr. Carman also worked as a prosecutor, as well as a legal assistance attorney. Attorney Dan Carman can help you with any criminal defense matters you may need including; DUI, drug, and weapons charges, trespassing, traffic violations and more. [ Attorney Bio ]