Do not hesitate to seek legal assistance if you have been arrested for or charged with a drug crime in Louisville. Your future is on the line. Call (502) 371-7000 and hire the experienced Louisville drug crimes lawyer at Suhre & Associates DUI and Criminal Defense Lawyers to level the playing field.
For the past 15 years, our attorneys have been dedicated to defending clients like you against criminal drug charges in and around Jefferson County. We understand how a conviction will affect your life and will fight to protect it. Our tenacious approach and in-depth understanding of Kentucky criminal law allow us to secure the best possible results for our clients. Call our law firm today to schedule your free consultation and learn more.
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We Handle All Criminal Drug Offenses
Don’t underestimate the seriousness of a drug offense in Kentucky. The state will aggressively investigate alleged drug crimes and will not hesitate to press criminal charges. Prosecutors are more interested in getting a conviction than making sure that you’re treated fairly and that your rights are protected.
If you try to defend the charges yourself, you give the state a huge advantage. Prosecutors are experts in the law who know how to manipulate a case in the state’s favor. You run the risk of getting convicted of a crime when an attorney may have been able to help you walk away from the charges.
At Suhre & Associates DUI and Criminal Defense Lawyers, our Louisville criminal defense attorneys handle all criminal drug cases, including:
- Drug possession
- Possession of drugs for sale
- Drug distribution and trafficking, and
- Drug manufacturing.
Our attorneys know Kentucky drug laws like the back of our hands. We know how to investigate your alleged crime, determine weaknesses in the state’s case against you, and build a strong and successful defense. Don’t put your future and life in jeopardy. Call our Louisville law offices today for immediate legal assistance.
Understanding Drug Crimes in Lousiville
Kentucky has many different criminal drug laws. The charges you face will depend on several factors, including the type of drug involved, the quantity of that drug in your possession, and your specific behavior.
Drug Possession
It’s illegal to knowingly possess an illegal drug in Kentucky. It’s also illegal to possess a prescription medication without a lawful prescription. Possession can be defined in two ways: actual and constructive.
Actual possession means that the drugs are in your immediate physical control. In other words, they’re in your hands, pockets, or the bag that you’re currently holding. Actual possession means that you’re caught red-handed.
You can also be considered to possess something even if you’re not physically near it. This is called constructive possession. Constructive possession means that you have possession of something because it is somewhere that you have access to and can control. For example, you’d be considered to have constructive possession of drugs in your bathroom at home or your car’s glove compartment. You have the ability to exert control over these places.
Drug possession can be a misdemeanor or a felony.
Possession of Drugs For Sale
It’s also a crime to possess drugs with the intent to sell them. Whether or not you actually sell them is irrelevant. In fact, whether or not you actually had the intent to sell them can be irrelevant. The intent to sell is presumed if you have a large supply or quantity of a drug in your possession.
For example, you’re automatically presumed to have the intent to sell marijuana when you possess more than eight ounces of the drug at one time. So, if police find two ounces in your car and another six ounces during a search of your home, you could face charges for possession with the intent to sell. This is true, even if you never considered selling the drugs.
Possession of drugs for sale is generally a felony offense.
Drug Trafficking
Trafficking refers to a conspiracy or scheme designed to sell, distribute, and transport drugs in and through the state of Kentucky. You may be charged with trafficking if police discover:
- A large quantity of a drug in your possession
- Drugs packaged in a way consistent with distribution or sale, or
- Packing materials, scales, and/or cash.
Drug trafficking is a more serious drug offense. It’s typically a felony in the state of Kentucky.
Drug Manufacturing
It’s not just illegal to possess or sell drugs; it’s also against the law to manufacture or grow them. Prohibitions on manufacturing, which is a felony in Kentucky, most typically apply to methamphetamine or marijuana.
Drug Charges Depend on the Type of Drug and Quantity
After an arrest, will you face misdemeanor or felony drug charges? Will those charges be for a misdemeanor or a felony? The answers typically depend on the type and quantity of the drug(s) in your possession.
Kentucky Classification of Controlled Substances
Drugs are classified in one of five categories – or schedules – under Kentucky law.
Schedule I: Drugs with a high potential for abuse and no accepted medical purpose.
- Acetyl fentanyl
- Heroin
- LSD
- Marijuana
Schedule II: Drugs with a high potential for abuse, but with some accepted medical purpose.
- Cocaine
- Codeine
- Fentanyl
- Hydromorphone
- Methamphetamine
Schedule III: Drugs with a moderate potential for abuse with some known accepted medical use.
- Anabolic steroids
- Buprenorphine
- Ketamine
Schedule IV: Drugs with a low potential for abuse having verified medical uses.
- Bromazepam
- Diazepam
- Tramadol
Schedule V: Drugs with accepted medical uses and the lowest level for potential abuse and addiction.
- Drugs containing less than 200 mg of codeine
- Drugs containing less than 100 mg of opium
Crimes involving schedule I controlled substances will typically be subject to harsher penalties than crimes involving schedule V controlled substances.
Consequences of a Drug Conviction in Kentucky
A drug arrest and subsequent conviction can have serious criminal and non-criminal consequences.
Criminal Consequences of a Kentucky Drug Conviction
The penalties for a drug offense will depend on the type and quantity of the drug involved, as well as your criminal record. Potential penalties might include:
- Fines
- Jail or prison time
- Probation
- Mandatory drug counseling or treatment
- Community service, or
- Protective orders.
Many drug offenses in Kentucky are subject to mandatory minimum sentences. In other words, you’ll be required to spend some time behind bars if you are convicted.
Collateral Consequences of a Kentucky Drug Conviction
Your drug conviction can follow you even after you’ve satisfied your criminal sentence. With a drug crime on your criminal record, you’ll be subject to some collateral consequences. These are civil and social penalties that exist simply because you have a criminal record.
Collateral consequences can affect you personally, professionally, and financially. Examples include:
- Job loss and difficulty finding new employment
- Loss of government benefits
- Loss of voting runs
- Loss of gun rights
- Ineligible for government assistance and student loans, and
- Family consequences, including loss of child custody or visitation.
Don’t let a drug arrest ruin your future. Hire an attorney who has experienced handling these complex criminal matters. Call Suhre & Associates DUI and Criminal Defense Lawyers today to learn more.
Defending Criminal Drug Charges in Louisville
Don’t assume that your future is over just because you’ve been arrested for a drug crime in Louisville. Remember, the state has to prove that you’re guilty of a crime beyond a reasonable doubt. Prosecutors will need a lot of evidence to satisfy this burden of proof. Many times, the evidence obtained in drug investigations and arrests isn’t obtained legally. If you were stopped without cause or subject to an illegal search, it’s critical to challenge any evidence the state may have. Without evidence, prosecutors may be forced to consider a plea or drop the charges against you.
You’ll need an attorney who knows how to investigate your alleged crime, determine if your rights were violated, and dismantle the prosecution’s case against you. Contact Suhre & Associates DUI and Criminal Defense Lawyers to find out how our criminal defense team can help you after your drug arrest. We’ll fight to protect your future and minimize the consequences of your arrest.
Your first consultation is free, so call our law firm to help with your drug crime charges today.
Suhre & Associates DUI and Criminal Defense Lawyers
214 S. Clay St, Suite A
Louisville KY, 40202
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