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 that is involved will determine what charges you face.
For example, if you knowingly and unlawfully possess Schedule I or II drugs, law enforcement may charge you with a first-degree felony. For a first-time offender, you may face first-degree Class D felony charges, while repeat offenders may be charged with a Class C felony.
Someone knowingly and unlawfully possessing a Schedule I, II, or III drug that is a non-narcotic can face second-degree possession charges.
As you can see, the charges you will face can vary based on the drug you are found with. If you aren’t sure about your charges or the potential penalties, it’s best to speak to an attorney.
Now that you know how these charges work, it’s time to learn more about how to get a possession charge dropped in Kentucky.
What Happens When You Are Arrested and Charged with Drug Possession?
When an officer charges you with drug possession, there are a few things you can expect. For example, the officer will have to arrest or apprehend you in some way in order to discover you are in possession of an illegal or controlled substance. In some cases, you may be pulled over for a completely unrelated infraction.
An example would be if you are speeding, and an officer pulls you over for that. Once you have given the officer a reason to search your vehicle, if they find drugs, then you will likely face drug possession charges. Remember, though: there must be a reason for the officer to conduct a search. If there is no justifiable reason for this, then the charges can be dropped.
What Happens After You Are Apprehended by the Authorities?
After you have been arrested for drug possession, you will be taken to the police station, where processing occurs. Once processing is complete, you will be put in jail.
The next step is an arraignment hearing. This is when you are told your rights and receive the bail amount for your situation. If you can do so, you can use a bail bondsman to pay the bail and get released from jail. If you don’t have the money to do this and you don’t know someone who will pay the fee for you, then you may have to wait for months in jail.
You should hire an attorney while you are waiting for your trial. They will know the answer to the question you may have: “How do you beat a drug possession charge?”
The Top Ways You May Be Able to Have Your Drug Possession Charges Dropped
Now that you know about Kentucky drug charges and the process you will go through when you are arrested and charged, it’s time to learn the most effective ways to have drug possession charges against you dropped.
Prove Your Rights Were Violated in Some Way
When you hire an attorney, the first thing they will try to do is to prove that an officer violated your constitutional rights in some way. This is something that will be done before your case goes to trial and could result in a suppression hearing.
Some of the most common ways that your rights may be violated include:
- Being searched when the authorities had no evidence to justify it
- Not being informed of your Miranda Rights
- Not being informed of the consequences if you choose to speak
- Being forced to talk to the authorities
- Not being given the option or right to have a lawyer present
- Interrogation continues when you have stated you want to stay silent
- Being treated differently or accused of a crime based on your religion, gender, or race.
Show There Was Some Mistake Made
If you can show the authorities made a mistake, then the drug possession charges you face may be dropped. One of the biggest and most common mistakes that are made is when the police fail to read the defendant’s Miranda rights. However, other mistakes may also occur, so it is best to find and hire an attorney to assist you with your case.
Accept a Deal to Have Your Charges Reduced
Along with getting the drug possession charges dropped, you can also try to make a deal to have the charges reduced. If the deal is adequate, it could even be the equivalent of having the charges dropped.
Taking a deal can help reduce your fines, eliminate the possibility of jail time, and give you the option of going to rehab rather than jail. Most people agree that this is better than receiving a sentence of four to 30 years.
Show There Was an Abuse of Power by the Police
If law enforcement officers abuse their power, it means they are doing things that take advantage of their position of authority. Some of the most common examples of this include:
- Civil rights violations
- Excessive use of force
- Acts of violence or assault
- Searches being done without adequate evidence
- Accepting bribes or sexual relations to forgo charges
- Warrantless arrests
Seek Legal Representation for Help with Your Drug Possession Charge
If you face drug possession charges in Kentucky, understanding your rights, potential consequences, and what options you have to get the charges dropped is essential. You will have a general idea of your options with the information here. Hiring an attorney is a smart step and one that will help ensure your rights are protected and that you get the best possible outcome for your situation.
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 ]