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 criminal record, and the evidence at hand to determine the severity of the potential penalties. From there, we can determine which defenses are most suitable for your case.
In some instances, we may recommend working with the prosecutor to obtain a plea bargain or enter a pretrial diversion program. However, if you do not qualify or the prosecutor is unwilling to offer you a plea agreement, you may need to defend your case at trial. Our team will help you prepare a powerful defense strategy so you can clear your name and obtain the acquittal you need to rebuild your life.
Why Choose Our Drug Defense Attorneys
Our drug lawyers have global experience defending the accused. Attorney Dan Carman is a former Marine Corps JAG prosecutor who uses his disciplined military legal training to advocate for those facing criminal charges across the state of Kentucky. Our firm aggressively defends our client’s rights and protects them from the often unjust criminal justice system.
Whether you are facing misdemeanor or felony drug charges, our attorneys are here to advocate for your freedom in local, state, or federal courts. We are ready to negotiate with the prosecutor to get the charges against you reduced to a lesser offense or dismissed, get you entered into a pretrial diversion program, or defend your liberties at trial.
You can rely on our criminal defense lawyers to obtain valuable supporting evidence, challenge unreliable witness testimony, and fight back when your constitutional rights have been violated. Whether you are facing drug possession, trafficking, manufacturing, or cultivation charges, Dan Carman an experienced Lexington drug possession lawyer will work tirelessly to protect your future.
What Are Possession of Drugs Charges in Kentucky
To answer “how do drug charges work,” it helps to look at the laws that cover just about everything related to illegal drugs. Drug offenses include activities such as the following:
- Paraphernalia: Equipment used to produce, prepare, inject, inhale, or conceal illegal drugs. It is unlawful to possess, sell, import, or export drug paraphernalia.
- Possession: It is a crime to possess any controlled substance like marijuana, cocaine, or heroin. A charge may be simple possession or with the intent to distribute.
- Manufacturing and Delivery: This covers any step in the production or delivery process of an illegal drug.
- Trafficking, or Distribution: It is illegal to sell, transport, and import illegal, controlled substances like marijuana and cocaine. Possessing large amounts of an illegal drug along with substantial amounts of cash and/or guns may be used as evidence of intent to sell the narcotics, so there may be a distribution charge.
- Dealing: Selling illegal drugs on a smaller scale than trafficking or distribution.
How drug charges work could include your being followed by officers, an informant giving law enforcement information about you, or photos or videos of you engaging in a drug-related crime. That may lead to an arrest, with or without a search and seizure of physical evidence.
How Can I Get Off on Drug Charges?
Defenses to a drug charge include those that may apply to any crime and those specific to drug crimes. How to fight a drug charge is based on:
- The facts of the case
- Which charges are pending
- The applicable legal and constitutional protections.
Unlawful Search or Seizure May Help You Beat a Drug Charge
The Fourth Amendment of the U.S. Constitution guarantees our right to be free from unreasonable government searches and seizures. Law enforcement must not search or seize your property without first having probable cause to believe that a crime is or was being committed.
If an officer illegally searches or seizes your property, any evidence obtained should not be excluded from a trial. Without that evidence, the prosecution may not be able to proceed. The charge may be dismissed, so you would beat the drug charge.
If They Are Not Your Drugs, You Could Get Off on the Drug Charges
If there is more than one person involved, this may be a valid defense. The burden of proof is on the prosecution. If the drugs are found in a place where you and others had access, it may be hard to prove they’re your drugs.
Violating Your Miranda Rights
If you are under arrest and make a statement before an officer informs you of your right to remain silent, it might not be properly used against you in court.
Your rights under the Fifth Amendment of the U.S. Constitution include the protection that, if you are in law enforcement custody, you must be told of your right to not make self-incriminating statements before being questioned. If this right is violated, you may be able to beat your drug charge.
Being a Victim of Entrapment Can Help You Fight a Drug Charge
This happens if an officer or someone working with law enforcement (like an informant) pressures you to commit a crime that you otherwise would have been unlikely or unwilling to commit. Our attorneys will fight your drug charge aggressively if you are the victim of entrapment.
Crime Lab Analysis Mistakes
Law enforcement may claim that it found an illegal drug, but are they correct? The prosecution must prove that what is involved is a controlled substance by sending it to a crime lab for analysis. A lab analyst must testify at trial and affirm the truthfulness of the findings.
Without this proof, a case will probably be dismissed. Any number of issues may come up. It needs to be established that the substance at the scene was tested. How a test was performed, or the accuracy of tests or equipment used, could be disputed.
Proving Knowledge or Intent
The prosecution must prove you were in a specific state of mind. Were you aware you had the drugs? Did you intentionally sell a particular drug? If the prosecution can’t prove these elements, the drug charges should be dropped.
The Presence of the Actual Drugs
Can the prosecution produce the actual drugs that are the basis for the charges? If they lost track of what they found or it has been tampered with, altered, lost, or stolen, the charge will probably be dismissed.
Diversion and Deferred Prosecution Can Lead to Dismissal of Drug Charges
If you are facing charges of possession of a controlled substance, you may be eligible for a drug diversion program. Deferred prosecution could also be an option. You would need to agree to terms set by the prosecution and the judge. If you’re suffering from substance abuse or addiction, you would probably need to be successfully treated before the charges would be dismissed.
Beat a Drug Charge with an Alibi
If charges are based on an allegation that you were at a particular place, at a specific time, doing something illegal, and you have evidence that you were elsewhere, doing something else, you could have the drug charges dropped.
How Do You Get Out of a Drug Charge? Work With the Right Attorney.
If you are arrested for a drug crime, your freedom and future are at stake. Your head may be spinning with questions. How can I get off on drug charges? Can I beat a drug charge? You are innocent until proven guilty. The prosecution must show that you are guilty beyond a reasonable doubt. That is a high standard that can’t be met in many drug cases.
Bad things can happen to good people, including you. This is especially true if you are dealing with substance abuse or addiction. If you have been arrested for a drug offense, an experienced drug defense attorney can help you fight a drug charge.
Dan Carman has decades of experience representing people arrested for drug crimes. He practices law in all Kentucky courts as well as federal trial and appeals courts covering the state. You can trust him because he is direct, honest, and forthright. If you want to get off on your drug charge, have a strong, aggressive defense lawyer fighting for you. Contact Dan Carman today at (859) 685-1055 or through our confidential contact form.
Attorney Dan Carman
Focusing 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 ]