Have you been charged with possession of drug paraphernalia in Lexington, KY? Unfortunately, this crime is serious. You can even go to jail if you’re convicted.
It’s important to build a strong defense from the moment you are arrested. Immediately hiring a Lexington drug paraphernalia lawyer is the best way to protect yourself.
Suhre & Associates, LLC is a team of experienced and award-winning lawyers who defend people charged with drug paraphernalia in Lexington, KY. We understand that your liberty is at stake, and we take that very seriously. That’s why we’ve helped people like you defend themselves since 2008.
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How Can Suhre & Associates, LLC Help If You Are Facing Drug Paraphernalia Charges?
The criminal defense lawyers at Suhre & Associates, LLC have over 100 years of collective experience in criminal law, including drug paraphernalia cases.
Our lawyers have varied backgrounds. Some of them have even worked as former police officers and prosecutors. This means our clients get incredible insight into their cases. This insight is unparalleled by other Lexington criminal defense firms. Plus, our lawyers are consistently rated Super Lawyers and named on the National Trial Lawyers Top 100 list.
When you hire Suhre & Associates, LLC, you’ll get:
- An advocate to stand up to the judge and prosecutors on your behalf
- Investigation and evidence gathering, including interviewing witnesses
- Creative legal research and motions to assert your rights and help chip away at the prosecution’s evidence
- A trial lawyer prepared to argue your innocence before a jury
- Expert negotiation with prosecutors to get the case dismissed, the charges reduced, or a more favorable sentence
We are passionate about criminal defense because we understand that a criminal conviction can seriously affect your life. Contact our Lexington drug paraphernalia lawyers for a free conversation today.
What is Drug Paraphernalia in Lexington, KY?
Drug paraphernalia is equipment, products, or materials that are used to do drugs. The most obvious examples are a pipe for smoking or a syringe for injecting drugs. In Kentucky, drug paraphernalia also includes items designed to process or manufacture drugs, like scales and packaging materials.
Kentucky lists specific factors that the court must consider when deciding if something qualifies as drug paraphernalia. These include:
- Statements from the defendant about the object
- Prior drug convictions
- The proximity of the object to drugs
- Drug residue found on the object
- National and local advertising about the use of the object
- Existence of legitimate uses for the object
- Expert testimony about the use
As you can see, Lexington courts have significant leeway to decide whether or not something is drug paraphernalia.
What is the Punishment for Drug Paraphernalia?
If you are convicted of the charge, you can face up to 12 months in jail and a maximum $500 fine.
Are There Defenses to Drug Paraphernalia Charges in Lexington Courts?
In any criminal case, you are presumed innocent until conviction. That means that the prosecution has the burden of proof to present evidence of your guilt beyond a reasonable doubt. You don’t need to put on any evidence in a criminal case, and no one can make you testify.
However, there are several common defenses that you can assert to win a drug paraphernalia case in Kentucky.
The Object Isn’t Paraphernalia Under the Code
The prosecutor needs to prove that the object is paraphernalia as defined by the Kentucky code to be convicted. If you prove that the object isn’t paraphernalia or that the prosecutor didn’t prove it, you can’t be convicted.
You Weren’t in Possession of the Drug Paraphernalia
Another defense to drug paraphernalia charges is that you didn’t have possession of the paraphernalia. In Lexington, possession means that you had actual physical possession, or exercised dominion or control over the object.
It’s common for drug paraphernalia to be found in a car or house with multiple people inside. Just because someone is around paraphernalia doesn’t mean they are guilty of the charge. In these cases, a lawyer can argue that you didn’t possess the paraphernalia even though you were found in proximity.
You Were Seeking Help for a Drug Overdose
Kentucky law prohibits prosecuting people for drug paraphernalia if they are trying to get medical treatment for a drug overdose.
To use this defense, you must prove that:
1. You called 911 in good faith to get help for yourself or another person experiencing a drug overdose,
2. You stayed with the person having a drug overdose until emergency responders arrived, and
3. The drug paraphernalia was found as a result of you calling for emergency medical treatment
While this code section prevents prosecution for drug paraphernalia based on these factors, it doesn’t apply to any other drug crimes that you may have committed.
Schedule a Free Consultation With Our Lexington Drug Paraphernalia Lawyers
It’s normal to be scared when you’re charged with a crime, but you can’t become paralyzed with fear. The only way to win your case is to start building a strong defense and create persuasive arguments. Suhre & Associates, LLC, can help you do that.
Call us for an initial consultation to get answers about your drug paraphernalia case. It’s completely free with no strings attached.