Have you been arrested for the possession of a controlled substance in Lexington, KY? The allegations you’re up against are serious – it will take a smart defense strategy to safeguard your future.
Whether you’re facing charges for possession of marijuana, cocaine, LSD, or prescription drugs, the experienced Lexington drug possession lawyers at Suhre & Associates, LLC are here to help you with this fight.
Contact our criminal defense law firm to arrange a time to meet with our legal team. Anything you share with us will be held in the strictest confidence. Your first consultation is 100% free.
How Can Suhre & Associates, LLC Help if You are Facing Drug Possession Charges?
When you’re facing charges for drug crimes such as drug possession in Kentucky, you might think that your future is over. However, keep in mind that, despite what the police and prosecution say, that’s not necessarily true.
On the contrary – you’re innocent until the state can prove that you’ve broken the law.
And, they have to establish this proof beyond a reasonable doubt. That’s a challenge, even for the most skilled prosecuting attorneys in Fayette County.
Asserting a strong defense, particularly one led by an experienced Lexington criminal defense lawyer, can make the state’s job even more difficult.
At Suhre & Associates, LLC, our attorneys have built a reputation as fierce advocates for individuals who are facing criminal charges in Lexington, KY. When you hire our law firm, you’ll benefit from the experience of a former police officer and a former prosecutor. This means that you’ll benefit from inside working knowledge of how the other side operates. That gives up a leg up from the start.
Here’s what to expect when you hire our Lexington law firm:
- Our legal team will review all evidence in your case including testimonies, police arrest reports, physical evidence, and any security footage or eyewitness accounts.
- We will communicate with you regularly to ensure you are informed as to progress on your case. We believe an informed client is a satisfied client, and we will take care to help you understand the legal process and what you can expect as your case proceeds.
- If expert testimony may be useful in your case, we have the resources to bring on the most renowned experts to speak on your behalf.
- Handling all negotiations and discussions with the prosecution is our job. We will do everything we can to get them to drop or lessen your charges, depending on the circumstances.
- If we are unable to reach a reasonable agreement with the prosecution, we will be ready to take your case to trial and represent you in court.
In the meantime, do not speak to anyone, aside from your legal team, regarding any details surrounding your case. This includes law enforcement. Exercise the right to remain silent on the advice of your attorneys. Do not plead guilty or make any other deal until we have had a chance to discuss the details of your case.
Call our criminal defense attorneys in Lexington to get started. Your first consultation is free.
Statistics on Drug Use in the State of Kentucky
Drug use is prevalent in the state of Kentucky. In fact, Kentucky is listed as one of the top ten states where teenagers, ages 12-17, abuse non-medical pain relievers.
The rate of death for all age groups, from drug overdose exceeds the national average, at 23.7 per 100,000.
The United States spends over forty-seven billion dollars annually on the war on drugs. In 2018, there were 1,429,299 drug possession arrests in the United States. Because of these statistics, drug crimes, including drug possession, are taken very seriously in the state of Kentucky.
What is Drug Possession?
Drug possession simply means that the defendant is accused of having possession of an illicit substance. Possession can be actual (meaning that it’s physically on your person) or constructive (meaning that it’s in a location that you can exercise control over, such as your vehicle or a room in your personal home).
Drug possession charges are the same, regardless of how you possessed the illicit substance. Factors that can influence the charge include the type of drug, the amount in your possession, and whether or not you have prior convictions.
Classification of Controlled Substances & Related Penalties
Kentucky classifies drugs and controlled substances into levels based on the risk of the substance to public health, including addictiveness, and drug-related death.
Penalties for drug possession in Lexington often depend, in large part, on how the drug in question is classified under state and federal law.
Schedule I drugs have a high risk of dependence. These dangerous substances lack any medical benefits. Schedule one drugs include:
These drug possession charges carry the harshest penalties, with 1 to 5 years imprisonment and fines anywhere between $5000 to $10,000. Subsequent charges can result in 5 to 10 years and $4000 to $10,000
These drugs are also highly addictive substances, however they do offer limited medical uses. These include morphine, cocaine, and opium.
Penalties are the same as for Schedule I.
Drugs in this category have a relatively mild potential for abuse. Examples include ketamine and codeine.
Penalties are the same as for Schedule I.
The risk of dependency within this group is relatively low. Examples include tranquilizers, sleeping pills, and medication that treats panic attacks.
Penalties include up to one year in jail and a fine of $500. Subsequent charges result in 1-5 years in jail and up to $5000 in fines.
These drugs possess the lowest risk for dependency. Pyrovalerone, a psychostimulant, is a common substance abused in this category.
Penalties are the same as for Schedule IV.
Possessing any of these substances without a prescription can result in a criminal drug possession charge.
Most drug possession charges in Kentucky are felony charges. Being labeled a convicted felon in the state of Kentucky has lasting penalties such as the loss of constitutional rights including the right to vote and the right to bear arms. Felony charges also limit and lessen your chances of securing employment, as many companies will not hire convicted felons.
Limitation to Drug Possession Charges and Penalties in Lexington, KY
Kentucky statute 218A.133 protects those who suffer from a drug overdose and seek medical assistance, from being charged with drugs related to the need for emergency medical care. The state does not want to discourage anyone from seeking medical care due to a fear of being charged for possession.
Defenses in Drug Possession Cases
Building a solid defense in your case involves a number of factors, and we consider all of them in determining the most effective strategy. In order for the prosecution to secure a conviction, they need to prove that you possessed an illegal drug. Our job is to provide the necessary doubt that will result in your freedom.
Many times, evidence in drug cases is gathered illegally. Often, police officers conduct searches and seizures without probable cause or a warrant – with the hopes that the suspect won’t notice or will be too afraid to speak up and decline a search request. When evidence is obtained through unlawful means, it cannot be used to support criminal charges. If we discover that the state is relying on tainted evidence in your case, we’ll immediately file a motion to have it suppressed.
Entrapment, or alleging that law enforcement tricked the defendant into committing a crime, is a solid defense in drug possession accusations. We would need to convince the jury that, through manipulation, coercion, and unlawful tactics, police convinced you to commit a crime that you would otherwise not have committed.
Lack of Possession
If the prosecution is lacking strong evidence that proves the drugs were in your possession, belonged to you, and were under your control, the charges are not likely to stand. This can apply to drugs in your residence, vehicle, or any area not directly on your person.
We can use this defense to convince the court that the drugs in possession were the result of another individual’s threats. The defendant was only doing as instructed and acted out of fear for their safety or the safety of others. This defense works well for those involved in drug rings, partnerships, or an individual with gang association.
Contact a Lexington Drug Possession Lawyer Today
At Suhre & Associates, LLC, we understand how scary it can be to be facing drug possession allegations. Remember that you do not have to face these legal issues alone. Our Lexington drug possession lawyers at Suhre & Associates, LLC, have represented countless clients facing these serious charges. We’ve helped them emerge with the best possible outcomes, and we’ll fight to do the same for you.
You deserve the very best legal representation in such a difficult and uncertain time. A drug possession conviction will have lasting effects. Any time spent in prison means time lost with friends and family – time you can never get back. Do not take the risk of placing your future and well-being in the hands of just any attorney.
A skilled Lexington drug crime lawyer at Suhre & Associates is prepared to come to your defense. No case is too large or complex for our exceptional attorneys. Call us for a free initial consultation today and let us put our experience and talent to work for you.