Drug Possession Attorney

Drug Possession Attorney

Across the nation, prosecutors and drug enforcement agents have worked to take a hard line against drugs. From the “Just Say No” slogan of the 1980’s to law enforcement education programs such as DARE (Drug Abuse Resistance Education), many people look to awareness to solve drug problems. Other efforts have been made to address drug treatment to break the cycle of addiction and abuse. Drug Court programs exist across the Commonwealth to give Kentuckians battling with addiction  a chance to avoid a relatively lengthy jail sentence upon completion. In some instances Drug Court participants avoid a drug conviction after completion of the program.

Unfortunately, many are interested with punishments that are much more severe than the crime. For this reason, it is imperative that those charged with drug possession in the Commonwealth seek legal representation from an experienced drug lawyer. The situation is even more serious if you have been charged with trafficking in a controlled substance or manufacturing a controlled substance.

Drug Possession Defense in Kentucky

In order to prove guilt in a Kentucky drug possession case, prosecutors must establish that the defendant knowingly possessed a controlled substance. That means that they must provide evidence that:

  • The substance in question was, in fact, a controlled substance.
  • The defendant was in possession of the substance.
  • The defendant knew that he or she was in possession of an illegal or illegally obtained drug.

Possession can be “actual” or “constructive,” which means that a person may be charged with possession even if the drug was not actually on his or her person.

Controlled substances in the Commonwealth can refer to any type of illicit narcotic or illegally obtained prescription drug. Kentucky drug lawyers have a number of strategies to successfully defend against drug possession charges, including arguing for the suppression of illegally obtained evidence and the possible negotiating for a differed prosecution involving first time offenders. To find out how a Kentucky drug possession lawyer can help your case, call Apollo Law, PLLC at (502) 395-3665 for a free consultation.

Drug Paraphernalia Charges

Any object can be considered drug paraphernalia if it’s used for injecting, inhaling, or ingesting any controlled substance into a person’s body. Possession of drug paraphernalia in Kentucky is punishable by up to 12 months in jail, a $500 fine, or both.

A police officer can consider lots of different circumstances that might support a determination that an item is being used as drug paraphernalia. Some examples include where the item is located in relation to drugs (statutory factor 4) or if there are actually remains of the drug on the item (statutory factor 5).

Other statutory factors include:

(1) Statements by an owner or by anyone in control of the object concerning its use;
(2) Prior convictions, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to any controlled substance;
(3) The proximity of the object, in time and space, to a direct violation of KRS 218A.500(2), (3) or (4);
(6) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he knows, or should reasonably know, intend to use the object to facilitate a violation of KRS 218A.500(2), (3) or (4); the innocence of an owner, or of anyone in control of the object, as to a direct violation of KRS 218A.500(2), (3) or (4) shall not prevent a finding that the object is intended for use, or designed for use as drug paraphernalia;
(7) Instructions, oral or written, provided with the object concerning its use;
(8) Descriptive materials accompanying the object which explain or depict its use;
(9) National and local advertising concerning its use;
(10) The manner in which the object is displayed for sale;
(11) Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;
(12) Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise;
(13) The existence and scope of legitimate uses for the object in the community;
(14) Expert testimony concerning its use.

Unless a person is found to be in actual possession of paraphernalia, the prosecution may try to prove constructive possession and therefore, constructive possession may arise as an issues in the case. Constructive possession is an instance where although an individual does not have actual possession of an item but they are able to exercise dominion and control over the item and intends to do so. If a person is not aware of the presence of the drug paraphernalia, then the elements of constructive possession would not be met and that person would likely have a defense to the charges. Protect yourself by calling Apollo Law, PLLC at (502) 395-3665 today for a free consultation.