Drug Possession Defense Lawyer
Kentucky has historically had some of the harshest possession laws in the country. For simple possession, first offenders in Kentucky can be sentenced to time in prison and a fine of up to $20,000. While recent changes in state law are meant to reduce the brimming prison population by sentencing first offenders and those with lesser offenses to diversion programs, there are serious consequences when facing a possession conviction even so.
The overwhelming majority of drug violation arrests are for possession of a controlled substance. Kentucky drug possession laws determine penalties based on whether the charge is a first-, second- or third-degree offense. Degree of offense is determined by the type of controlled substance in your possession.
Schedule I or II substances, such as methamphetamine, cocaine, heroin, LSD, GHB or certain narcotics, will result in 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 such as oxycodone, OxyContin, Adderall, Ritalin and others.
If police officers find you in possession of illegal drugs, they will be looking as well for signs that you are trafficking or distributing/selling the drug.
Questions about possible penalties for possession are best answered by a lawyer who knows the specifics of your case. I can give you a candid assessment in a confidential consultation when you call me at 502-694-7243 or toll free at 866-586-5640.
Violation Of Fourth Amendment Rights: Search And Seizure
The Fourth Amendment holds law enforcement to a high standard when it comes to conducting investigations. Search and seizure issues are a vital component when constructing a strong criminal defense case. When a violation of search and seizure laws has been made, this is just one instance in which I can construct a vigorous defense.
In cases where amounts in possession are relatively small, the court may allow you to participate in a diversion program. The program typically consists of a substance abuse assessment and treatment program, court fees and community service. After completion of the program, I may be able to file a motion for expungement.