Drug Crimes
Are You Facing A Charge For a Drug Crime?
Our Frankfort, Kentucky drug crimes attorney knows the law and the courts. We can sort out the different types of drugs and drug-related offenses in order to resolve your drug-related legal problem in the most appropriate manner. We get to know our clients so that our Frankfort, Kentucky drug crimes lawyers can help them to determine who needs to be vindicated, who needs addiction therapy and rehabilitation, and who needs to put illegal drug charges behind them so that they can live their best lives.
The most common crimes involving drugs in Frankfort and the surrounding areas are:
- Possession of a Controlled Substance
- Possession of a Controlled Substance in the First Degree. This criminal offense includes the possession of a controlled substance that is classified in Schedules I or II and is a narcotic drug; a controlled substance anologue; methamphetamine; lysergic acid diethylamide; phencyclidine; gamma hydroxybutyric acid (GHB), including its salts, isomers, salts of isomers, and analogues; or flunitrazepam, including its salts, isomers, and salts of isomers.
- A first or second offense is punishable as a class D felony punishable by one (1) to three (3) years in prison and may include a felony fine.
- Deferred prosecution is prefered for a first or second offense under this statute. In Apollo Law's experience deffered prosecutions quickly fell out of favor in Kentucky courts shortly after the statutes passage. Most prosecutors and courts entertain possible diversion pleas in the alternative.
- Probation is presumed. That presumption shall only be overcome by a finding on the record by the sentencing court of substantial and compelling reasons why the defendant cannot be safely and effectively supervised in the community, is not amenable to community-based treatment, or poses a significant risk to public safety.
- Possession of a Controlled Substance in the Second Degree. This criminal offense includes possession of a controlled substance classified in Schedules I or II which is not a narcotic drug; or specified in KRS 218A.1415; or a controlled substance classified in Schedule III; but not synthetic drugs, salvia, or marijuana.
- Possession of a controlled substance in the second degree is a class A misdemeanor punishable by up to twelve (12) months in the county jail and a fine of up to five hundred ($500) dollars.
- Possession of a Controlled Substance in the Third Degree. Ths offense occurs when a person possesses a controlled substance classified in Schedules IV or V.
- Possession of a controlled substance in the third degree is a class A misdemeanor punishable by up to twelve (12) months in the county jail and a fine of up to five hundred ($500) dollars.
- Possession of a Controlled Substance in the First Degree. This criminal offense includes the possession of a controlled substance that is classified in Schedules I or II and is a narcotic drug; a controlled substance anologue; methamphetamine; lysergic acid diethylamide; phencyclidine; gamma hydroxybutyric acid (GHB), including its salts, isomers, salts of isomers, and analogues; or flunitrazepam, including its salts, isomers, and salts of isomers.
- Trafficking in a Controlled Substance
- Trafficking in a Controlled Substance in the First Degree. This criminal offense includes the trafficking of four (4) or more grams of cocaine, two (2) or more grams of methaphetamine, ten (10) or more dosage units of a controlled substance that is classified in Schedules I or II and is a narcotic drug, or a controlled substance analogue, and any quantity of heroin, fentanyl, carfentanil, or fentanyl derivatives; lysergic acid diethylamide; phencyclidine; gamma hydroxybutyric acid (GHB), including its salts, isomers, salts of isomers, and analogues; or flunitrazepam, including its salts, isomers, and salts of isomers. Any person who traffics in the grams or dosage units or more as stated above is punishable as a class C felony for a first offense and a class B felony for a second or subsequent offense.
- Trafficking in less than the grams or dosage units described above is punishable as a class D felony for a first offense or as a class C felony for a second or subsequent offense.
- Trafficking amounts within a ninety (90) day period may be aggregated (added) by the prosecution to enhance the felony penalty range for the offenses.
- 50% parole elligibility for trafficking in herion generally unless determined by the court to have a "substance use disorder" at the time of the offense.
- Any person convicted of a Class C felony offense or higher under this statute shall not be released on probation, shock probation, parole, conditional discharge, or other form of early release until he or she has served at least fifty percent (50%) of the sentence imposed in cases where the trafficked substance was heroin, fentanyl, carfentanil, or fentanyl derivatives.
- Trafficking in a Controlled Substance in the Second Degree. The penalty ranges from a class D felony ("baby D felony") of one (1) to three (3) years in prison to a class C felony for certain subsequent offenses.
- Trafficking in a Controlled Substance in the Third Degree. First offense is a class A misdemeanor. A second or subsequent offense is a class D felony.
- Trafficking in a Controlled Substance in the First Degree. This criminal offense includes the trafficking of four (4) or more grams of cocaine, two (2) or more grams of methaphetamine, ten (10) or more dosage units of a controlled substance that is classified in Schedules I or II and is a narcotic drug, or a controlled substance analogue, and any quantity of heroin, fentanyl, carfentanil, or fentanyl derivatives; lysergic acid diethylamide; phencyclidine; gamma hydroxybutyric acid (GHB), including its salts, isomers, salts of isomers, and analogues; or flunitrazepam, including its salts, isomers, and salts of isomers. Any person who traffics in the grams or dosage units or more as stated above is punishable as a class C felony for a first offense and a class B felony for a second or subsequent offense.
- Promoting Contraband
- Promoting Contraband in the First Degree. This crime can be found when a person knowingly introduces dangerous contraband into a detention facility or a penitentiary; orwhen a person confined in a detention facility or a penitentiary, knowingly makes, obtains, or possesses dangerous contraband.
- Promoting contraband in the first degree is a class D felony.
- Promoting Contraband in the Second Degree. This offense is very similar to it's first degree counterpart. However it involves contraband as opposed to "dangerous contraband."
- Promoting contraband in the second degree is a class A misdemeanor.
- Promoting Contraband in the First Degree. This crime can be found when a person knowingly introduces dangerous contraband into a detention facility or a penitentiary; orwhen a person confined in a detention facility or a penitentiary, knowingly makes, obtains, or possesses dangerous contraband.
- Possession of Drug Paraphernalia
When determining whether an object is drug paraphernalia, a court or other authority should consider, in addition to all other logically relevant factors, the following:(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);(4) The proximity of the object to controlled substances;(5) The existence of any residue of controlled substances on the object;(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.
Possession of drug paraphernalia is a class A misdemenaor.
The types of drugs most commonly involved in Frankfort (Franklin County) and the surrounding areas (counties) are Cocaine, Methaphetamine, Heroin, and MDMA (ecstasy).
- Marijuana Criminal Offenses
Marijuana is also a common drug, however, with the recent changes in marijuana laws, possession of marijuana has been greatly decriminalized when compared to possession of other illegal drugs. Possession of marijuana less than eight (8) ounces is a class B misdemeanor punishable by a maximum of fourt five (45) days in the county jail. Possession of over eight (8) ounces of marijuana is presumptive (prima facie) evidence that the person possessed the marijuana with the intent to sell or transfer it under Kentucky law.
- Trafficking in Marijuana Under Kentucky Law
Trafficking in less than eight (8) ounces of marijuana is a class A misdemeanor for a first offense punishable by up to twelve (12) months in the county jails and up to a $500 fine. A second or subsequent offense a Class D felony punishable by one (1) to five (5) years in prison plus any possible felony fine ranging from one thousand ($1,000) to ten thousand ($10,000) in fines.
Trafficking in eight (8) or more ounces but less than five (5) pounds of marijuana is a Class D felony for a first offense. For a second or subsequent offense a Class C felony punishable by five (5) to ten (10) years in prison and a possible felony fine.
Trafficking in five (5) or more pounds of marijuana is a Class C felony for a first offense. For a second or subsequent offense a Class B felony punishable by ten (10) to twenty (20) years in prison and a possible felony fine.
What Does "Possession" Mean?
There are two types of possession for unlawful substances: actual possession and constructive possession. Actual, physical possession occurs when a person has the drugs on them. Constructive possession occurs when a person is deemed to be in dominion and control of the unlawful substance – even if the unlawful substances does not belong to them.Joint possession is one other theory under which a person can be found criminally liable. This occurs when the government charges two or more persons with possession of the same substance.An example of joint possession is when two or more people are in a car, hotel, or residnece and drugs are found in a common area within reach of all of the people involved. Oftentimes, no one will take ownership of the drugs and say that they actually possessed the drugs. Typically the police then charge everyone with possession of the drugs.
Contact an Attorney
A Kentucky drug crimes lawyer can carefully evaluate your case and your charge to craft the best possible defense. Whether bringing about reduced charges, getting the charges against you dropped and the case dismissed, or defending you at trial with a goal of acquittal, a Kentucky drug crimes attorney can tailor the defense to your unique case, bringing about the best possible result.
