Is it possible to beat a drug possession charge in Kentucky? Why do you need an experienced criminal attorney if you are facing drug possession charges in Jefferson, Bullitt, Hardin, Spencer, Shelby, or Oldham County, Kentucky?
Key Points About the Possibility to Beat a Drug Possession Charge in Kentucky:
- The ability to successfully defend drug possession charges in Kentucky depends upon the specific evidence and facts of your case, the level of criminal charges you are facing, the actions of everyone in the process, and the constitutional and legal protections provided to a citizen of Kentucky and/or the United States.
- There are a variety of mistakes and legal flaws that provide an opportunity to reduce the charges you face, or seek outright dismissal of all charges against you.
- The odds of a conviction and prison time are much higher in a Kentucky drug possession case for those who attempt to represent themselves.
What Constitutes “Drug Possession” in Kentucky
Before addressing if it is possible to beat a drug possession charge in Kentucky we should define the nature of drug possession charges and associated crimes that might be alleged in your case.
It is a criminal offense in Kentucky to possess any controlled drug or substance. This includes everything from marijuana and cocaine, meth, fentanyl, or heroin, or prescription drugs and narcotics like oxycodone, morphine, or hydrocodone. It is also unlawful to possess “paraphernalia” used to make, prepare, consume, inject or hide/conceal an illegal drug.
The ability to beat a drug possession charge in Kentucky will involve not only the circumstances of the arrest and evidence, but the categorization or “Schedule” of the alleged drugs. Simple marijuana possession charges can carry a short jail sentence, but generally result in a ticket, court appearance and a fine for first offenders. Second or third degree possession charges are usually a class A misdemeanor carrying a risk of up to a 12 month jail term and a fine of $500. !st degree drug possession will involve a schedule I or II narcotic, and risks a prison term of up to 3 years, and as much as a $10,000 fine.
Criminal Defense and the Possibility to Beat a Drug Possession Charge in Kentucky
In order to beat a drug possession charge in Kentucky you’re going to need an experienced, proven criminal defense attorney. My name is John Schmidt, and I have served the people of Shepherdsville, Mount Washington, Shelbyville, Taylorsville, Radcliff, Elizabethtown, Jeffersontown, and Louisville, Kentucky as a criminal defense attorney for more than 25 years.
If you attempt to defend yourself without an attorney, you are much more likely (according to the U.S. Justice Department and several collegiate studies) to serve time in prison. As your defense attorney, it is my job to evaluate everything that has happened, and prepare defenses that are appropriate and applicable to the facts and evidence at hand.
How did law enforcement find the drugs, were they YOUR drugs, and were they actually in your possession? There are a lot of mistakes law enforcement and evidence collection personnel can make during the process of an arrest for drug possession. Were you the only person present? If they weren’t your drugs it’s a solid defense against drug possession charges. Did someone else (acting as an informant or undercover agent) entice you into the situation or ask you to help transport illegal drugs? Were your rights violated at any step in the process?
It is absolutely possible to beat a drug possession charge in Kentucky, or to significantly defend a case in a manner that results in reduced consequences for our clients. We have a lot of ways to attack the prosecutions theories of the case, as well as the actions and testimony of law enforcement officers, investigators, evidence technicians and even alleged witnesses.
We invite you to contact us via e-mail, schedule an appointment or call us today at (502) 509-1490 to get the advice and aggressive criminal defense you need and deserve. At the Law Offices of John Schmidt & Associates we bring more than 25 years of experience to your side of the equation, manage the situation you face and the allegations against you, and work hard to achieve a much better outcome in your case than you can or will accomplish on your own.
