Lexington Drug Possession Lawyer

If you are arrested and charged with the criminal offense of willfully possessing or distributing an illegal controlled substance in Kentucky, you face serious repercussions. Punishments can be severe, involving fines and jail time. In addition, a conviction brings a criminal record that will stay with you and negatively affect every area of your life, including your employment, education and housing opportunities and your relationships.

The stakes are too high for you to fight these charges on your own. Fortunately, there is help available from an experienced drug possession attorney who can explain the charges against you and the potential consequences of a conviction, and provide guidance on the best course of action to take based on the specifics of your case. The Lexington drug possession lawyers at Dan Carman, PLLC provide skilled, aggressive legal representation to ensure that clients facing drug possession charges have been treated fairly; they will work tirelessly to get your charges reduced or dismissed.

We offer a free consultation to discuss the circumstances of your drug charges and determine the best way to move forward, so call our drug crime lawyers today at 859-685-1055 to get started.

Why Choose Our Lexington Drug Possession Lawyer

When dealing with serious drug possession charges, it’s important to find a defense lawyer with the necessary knowledge, skills, resources, and connections to get the best results possible. Here are some reasons why we think you should choose Dan Carman to represent you:

• We are experienced. Dan was a Judge Advocate “JAG” (defense lawyer and prosecuting attorney) for Marine Corps and Navy personnel charged with felonies, so he knows both sides of the criminal legal process and can utilize this experience to fight for you.
• We are bilingual. Attorney Dan Carman speaks Spanish and has represented clients accused of possession and distribution of drugs, or drug trafficking for years.
• We have many satisfied clients, and have won an award for the 10 Best Attorneys in client satisfaction by the American Institute of Criminal Law Attorneys.
• We are recognized for excellence in our field. Dan Carman is a member of various local and national Bar Associations has been named in the Top 100 Trial Lawyers, Top 40 Under 40 by the National Trial Lawyers.
• We are available 24/7 for client emergencies.

At Dan Carman, PLLC, we know the Kentucky criminal justice system and how to gather and examine evidence such as police reports, recordings, and testing logs. We know your rights and the rules and regulations police officers must follow, and how to use their mistakes to build your case. We look for weaknesses in the prosecutor’s case, negotiate to get your charges reduced or dismissed, utilize expert witnesses, and are fully prepared to take your case to trial if necessary.

Understanding Drug Possession Laws and Punishments

In Kentucky, drug possession is defined as the knowing and intentional possession of a controlled substance such as marijuana, cocaine, heroin, and medications like OxyContin and Adderall without a valid prescription. Possession means the drugs are in your custody and under your control.

For you to be charged with drug possession, you must simply have the drugs under your control; it is not necessary that they be found on your person. If law enforcement officers find illegal drugs in your possession, they will be looking for signs like having large quantities of the drug or a large amount of money that could indicate you actually were involved in distribution or even drug trafficking. The charges and attendant consequences would then be ramped up considerably.

Drug possession can be charged as either a felony or a misdemeanor. The seriousness of the charges depends on factors such as what substance is involved, whether this was your first offense or you had a previous criminal record, the circumstances involved (such as if you had drugs near a school or around minors), and the amount of the drug found in your possession. Though some people consider drug possession a minor crime, a conviction can have major consequences, including imprisonment, probation, lengthy screening periods, fines, and a permanent criminal record.

Drug possession charges are classified as follows:

• First degree drug possession. This charge occurs if you are found in possession of any amount of methamphetamine, cocaine, heroin, LSD, GHB, or any narcotic classified as a Schedule I or II substance. Under KRS 218A.1415, possession of a controlled substance can be a Class D felony that may result in a prison sentence of up to 3 years and a fine of between $1,000 and $10,000.
• Second degree or third degree drug possession. These charges apply to drugs that are classified as Schedule I or II but which are not included in the first eegree category, and include some prescription drugs. Second or third-degree possession may be charged as a Class A misdemeanor, punishable by up to 12 months in jail and a fine of up to $500.
• Possession with intent to sell. If found in possession of a controlled substance with the intent to sell, the charge is a felony, and the penalties will depend on the type and amount of drug involved. For example, possession of more than two grams of cocaine with intent to sell is a Class C felony, punishable by up to ten years in prison and a fine of up to $10,000, and for less than two grams, it is a Class D felony, punishable by up to five years in prison and a fine of up to $10,000.
• Possession of marijuana. Marijuana possession is also illegal in Kentucky. Possession of less than 8 ounces is a misdemeanor, punishable by a maximum sentence of 45 days’ imprisonment and a maximum fine of $250. Possession of more than 8 ounces is usually charged as “possession with intent to sell” and carries felony penalties dependent on the amount in question and your criminal history.

How a Drug Possession Lawyer Can Make a Difference

Don’t go it alone. Having a drug possession lawyer on your side can make a major difference in the outcome of your case. For example, if this is the first time you have been charged with possession, there are several things our Lexington drug possession lawyer may be able to do to get your charges voided, expunged, diverted, reduced, or dismissed.

Expungement: Expungement of your record can happen in certain circumstances after successful completion of treatment, probation, or sentence:

• Voided Drug Possession Conviction — If your conviction is voided, the records will be sealed immediately and cannot be released or used against you. You may have your drug possession conviction voided only once.
• Expungement of Possession Conviction – Expungement requires a 5-year waiting period from the completion of a probation or prison sentence.

Diversion and deferred prosecution:  In some instances, you may be found eligible for a drug diversion or deferred prosecution program. When prosecution of a drug possession charge is deferred, the defendant agrees to terms set by the prosecutor and the judge, which likely will include enrolling in a substance abuse program. Upon successful completion of the program, charges are dismissed.

Reduction of charges: Through negotiation and plea bargaining, our attorneys may be able to get your charges reduced so that instead of jail time you may be offered programs such as diversion and deferred prosecution, probation, or community service in conjunction with treatment.

Possible Defenses Our Drug Possession Lawyer May Use

The best outcome would be to have your charges completely dismissed, and to this end, there are several approaches that our drug possession lawyers can use to defend you, or at least get your charges reduced. In general, defense strategies attempt to challenge the validity and sufficiency of the prosecution’s evidence.

Examples include:

• Challenging constitutional violations of your rights, such as illegal search and seizure, failure to obtain a warrant for entry, obtaining an improper confession, or failure to have your “Miranda Rights” read at the time of the arrest.
• Showing lack of knowledge, if you were unaware of the presence of drugs, or that the drugs belonged to someone else.
• Claiming there was insufficient evidence to convict or witnesses who were not credible.
• Showing there were problems with law enforcement, such as entrapment, or that evidence was improperly handled, analyzed or stored.
• Proving you have an alibi that proves you were somewhere else at the time of the offense.
• Utilizing expert witnesses, such as drug analysts or forensic scientists, to testify on your behalf.

How Our Drug Possession Attorney Works for You

When you have Dan Carman on your side, our drug possession attorneys will get to work on your case immediately. We will:

• Investigate the circumstances of your drug charge to determine what happened and the best way to build a solid defense.
• Educate you on what to expect and prevent you from saying or doing anything to hurt your case.
• Scrutinize the actions of the law enforcement officials to determine whether the laws pertaining to search and seizure and arrests were fully met. Evidence found to be inadmissible due to its being unlawfully obtained can greatly enhance the possibility that you will be found not guilty.
• Utilize our professional connections to produce or discredit evidence or testify on your behalf.
• Examine other circumstances surrounding the case to make sure your rights are protected.
• Look for ways to have charges dismissed or lessened.

Get Legal Assistance Now

If you have been charged — or suspect that you will be charged — with drug possession, distribution, or trafficking in Kentucky, get help from the skilled and experienced drug defense attorneys at Dan Carman, PLLC. Time is of the essence when you are placed under arrest, so contact us immediately for a confidential consultation to begin building a strong defense strategy. We will work tirelessly on your behalf, so having our skilled and experienced legal team on your side can make all the difference in securing the best results possible.

Call Dan Carman today at 859-685-1055 to get started.