Have you been arrested and charged with possessing drug paraphernalia in Louisville, KY? It’s natural to worry about your future. If convicted, you could face jail time, financial penalties, and a lasting criminal record. A Louisville drug paraphernalia attorney at Suhre & Associates, LLC can fight to minimize these consequences.
Collectively, our lawyers have over a century of experience handling cases like yours. We know the arguments that can help get your charges dismissed or reduced.
We’re always available to take your call–and we’re ready to get started on your case today. When you’re ready to start fighting to protect your future, call our law offices in Louisville, Kentucky, to schedule a free consultation.
How Suhre & Associates, LLC Can Help if You Were Arrested on Drug Paraphernalia Charges in Louisville
If you’ve been arrested on drug paraphernalia charges, you might not know where to look for help. You might even wonder whether you need a criminal defense attorney at all.
Regardless of the drug crime charges you’re facing, it’s always important to have an experienced Louisville criminal defense lawyer to protect your rights. A criminal conviction can have a far-reaching impact on your life. Keeping your record clean should be your number one priority if you’ve been charged with a crime in Kentucky.
Our experienced attorneys at Suhre & Associates, LLC have over 100 years of experience handling criminal cases in Louisville.
When you hire our law firm, you’ll benefit from an attorney who will:
- Independently investigate to locate all relevant evidence in your case
- Review all of the prosecution’s evidence and find out whether it was obtained legally
- Help you make smart choices throughout the criminal justice process
- Negotiate with the prosecuting attorney to get your charges dismissed or reduced
- Handle all paperwork associated with your case
- Help you understand the consequences of accepting a plea bargain
Prosecutors must prove every element of the crime beyond a reasonable doubt. Our job is to make it even more difficult for the prosecutors to prove their case. In every case we take on, our primary goal is to have the charges dismissed or win your case in court.
Our Louisville criminal defense attorneys have the experience and resources to protect your rights. All you have to do is call today.
Overview of Drug Paraphernalia Laws in Kentucky
Everyone knows that it’s illegal to have drugs in your possession. It’s also a crime to possess certain items related to planting, growing, harvesting, manufacturing, or even packaging drugs.
You can be charged under Kentucky drug paraphernalia laws for possessing, using, or advertising any item that qualifies as drug paraphernalia. You can also be charged based on your intent to sell, use, or deliver the item to someone else for use in drug-related activities.
Kentucky Revised Statutes Section 218A.500 lists certain items that qualify as drug paraphernalia.
You can be charged with a crime if you’re found with:
- Grow kits used to cultivate marijuana or any other plant that can be used to produce a controlled dangerous substance (CDS)
- Kits used to manufacture, produce, process, or prepare a controlled dangerous substance
- Isomerization devices used to increase the potency of plants that are CDS
- Testing equipment used to identify or analyze the strength, effectiveness, or purity of a controlled substance
- Scales and balances used to weigh and measure CDS
- Diluents and adulterants commonly used in cutting drugs
- Separation gins and sifters used to remove twigs and seeds in order to clean and refine marijuana
- Blenders, bowls, spoons, and other items used in compounding controlled substances
- Balloons, capsules, envelopes, and other containers used to package drugs
- Containers used to store or conceal drugs
- Pipes, bongs, roach clips, and other devices used for smoking
- Needles and hypodermic syringes used to inject certain drugs
This might seem like a laundry list of items related to drug production and use. That’s because it is. Law enforcement officers have wide discretion in determining whether an item qualifies as “drug paraphernalia” under Kentucky drug laws.
Factors Used in Classifying an Item as Drug Paraphernalia
Most of the items listed in the Kentucky statute on drug paraphernalia can be obtained legally. Many of these objects have legitimate purposes that are completely unrelated to drug production or use.
It’s up to local police to determine whether the object is being used in conjunction with marijuana or other drugs. The Kentucky statute on drug paraphernalia includes a number of factors that police and prosecuting attorneys can consider in making that decision.
Some factors that Kentucky courts and police will consider include:
- Statements from the owner about the objects and their intended use
- Whether you’ve been convicted on prior state or federal drug charges
- The proximity of the object to any illegal drugs
- The proximity in time to any other drug-related crimes
- Any residue from drugs or drug compounds that are found on the object
- Any legitimate uses for the object in the community
- National or local advertising about the product’s intended use
- Instructions that are included with the product about its use
- The manner in which the object is displayed for sale
- Whether the owner, or anyone in control of the object, is a legitimate supplier of similar items to the community (such as a licensed distributor or dealer of tobacco products)
- Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise
- Expert witness testimony about how the item is used
Possession of drug paraphernalia is usually a Class A misdemeanor in Kentucky. Despite this, it’s rare for paraphernalia to be found in isolation. More commonly, police discover the objects while investigating some other type of drug offense.
Drug paraphernalia charges are usually tacked on to other types of drug charges. You can be charged with possession of drug paraphernalia in addition to drug trafficking, possession of marijuana, or other drug-related offenses.
Were you charged with possession of drug paraphernalia or intent to distribute paraphernalia? Call an experienced Louisville drug crimes lawyer at Suhre & Associates, LLC today. We’ll fight to build the strong legal defense you need to protect your future and reputation.
What are the Penalties for Drug Paraphernalia Possession in Louisville, Kentucky?
Kentucky courts take drug offenses seriously. Drug crimes in Louisville are a major problem in the state. Prosecuting paraphernalia-related offenses often gives state prosecutors an easy way to make it more difficult for people to buy and sell drugs in the state.
Offenses involving only drug paraphernalia are classified as Class A misdemeanors. A Class A misdemeanor conviction in Kentucky carries penalties of:
- Up to 12 months in jail
- A maximum $500 fine
Defendants with prior criminal history tend to receive the harshest punishments under the law. On the other hand, prosecutors and judges have discretion to give lighter sentences if you’re a first offender.
To minimize the consequences of your charges, call an experienced Louisville drug paraphernalia lawyer at Suhre & Associates, LLC today. We’ll review your case for free and discuss options for building an aggressive defense to counter the state’s evidence.
What Defenses Can Be Raised Against Kentucky Drug Paraphernalia Charges?
You might feel like a conviction is inevitable if you’ve been arrested on drug paraphernalia charges. An arrest doesn’t always lead to a conviction. With a strong, effective legal defense, you can fight to get the charges dropped or downgraded.
You may even be able to avoid jail entirely, depending upon the circumstances. At Suhre & Associates, LLC, our team will explore every available defense option.
When we analyze the circumstances surrounding your arrest, we’ll consider defenses involving:
- Lack of evidence to prove the case beyond a reasonable doubt
- Whether the police violated your fourth amendment rights by conducting an illegal search of your property
- Whether the police obtained statements about the paraphernalia without reading your Miranda rights
- Lack of ownership or control over the item–prosecutors can’t convict if the paraphernalia was not yours in the first place
- Entrapment situations where police plant evidence or coerce you into accepting an object
- Whether you had a legitimate use for the object in question
The police must have probable cause to search your property. If the police found the objects during an illegal search and seizure, the evidence can be excluded from your case. In these cases, the prosecution will have little hope of convicting you on paraphernalia charges.
Are you interested in having an experienced attorney evaluate defense options in your case? Our attorneys have decades of experience handling cases like yours. Don’t hesitate to call our law firm immediately to schedule a free consultation with a lawyer who can help.
Schedule a Free Consultation With a Louisville Drug Paraphernalia Attorney
Are you facing drug charges in Louisville or Jefferson County? Our lawyers have over 100 years of experience helping clients like you fight drug charges. To learn more, call Suhre & Associates, LLC to speak with an experienced Louisville drug paraphernalia attorney. We offer a free initial consultation for all clients, so call today to schedule yours.