Drug charges need a serious defense. Lead Attorney Bradley Clark has handled hundreds of drug cases and is ready to fight for you
Drug offenses are the most serious crimes on the books. Almost all drug crimes involving Schedule I or Schedule II Substances are felonies in Kentucky. These include possession of any amount of Cocaine, Heroin, LSD, Oxycodone, Fentanyl, or Hydrocodone. A felony is defined by Kentucky law as any offense that can carry a sentence of one year or greater. A felony conviction is life changing: in addition to potential prison time, you face a permanent scar on your criminal record. Future employment opportunities will be minimal. Many professional licenses will be completely off the table. With 92% of employers performing background checks, and very few hiring felons, a felony conviction can be an economic death sentence. If you or a loved one are charged with a drug offense, contact our Lexington criminal defense lawyers at Clark Law PLLC to figure out what to do next. We can listen to the facts and help you decide what is best for you.
Call us now at (859) 474-0001 or schedule a free phone appointment below.
Common Drug Charges in Kentucky
While there are dozens of drug charges on the books in Kentucky (and we can handle them all), here are some of the charges our office most frequently handles:
- Possession of a Controlled Substance First Degree – KRS 218A.1415 – Many controlled substances, including cocaine, heroin, LSD, oxycodone, and hydrocodone are now classified as felonies and carry one to three years in prison. We know alternatives to keep you out of prison and potentially, your record clean.
- Trafficking in a Controlled Substance First Degree – KRS 218A.1412 – Trafficking offenses carry stiff penalties even though many that are charged with trafficking are only users or were found in the wrong place at the wrong time. If these cases are handled correctly, they could be amended to Possession charges or dismissed.
- Attempt to Obtain Controlled Substance by Fraud – KRS 218A.140 – Making a false statement to obtain a controlled substance carries a heavy penalty: one to five years in prison. If you have an underlying addiction problem we will work to paint you in the best possible light to the prosecution and court to negotiate for a diverted or probated sentence.
- Theft, Criminal Possession, Trafficking, or Unlawful Possession of a
Prescription or Blank – KRS 218A.286 – Illegally possession a prescription blank can carry a higher penalty than possessing the drugs themselves. If you have a substance abuse problem we can help you get help and minimize the devastating effect that the criminal justice system can have on your life.
Lead Attorney Bradley Clark
Recent Drug Case Results
- Recovering Addict Receives Treatment Rather Than Prison, Avoids Felony - Our client was facing up to three years in prison for Possession of Opioids (KRS 218A.1415). A recovering addict, he ...
- Clever Legal Work Leads to Dismissal of Convicted Felon In Possession of a Handgun Charge - Our client was charged with Convicted Felon in Possession of a Handgun (KRS 527.040) as well as Possession of Marijuana ...
- Felony Possession Case Voided and Sealed - Our client was completing her Masters in Social Work and looking to remove an old felony possession of a controlled ...
Common Defenses to Felony Drug Charges
While every case requires a custom tailored plan, these are common defenses to felony drug cases.
- Suppression – if evidence is seized in violation of the Fourth Amendment, it may be inadmissible at trial. By filing a motion to suppress we can argue that drug evidence is inadmissible. This can result in your case being dismissed or receiving an amended offer.
- Distance – many trafficking offenses can be enhanced by proximity to a school even though you may have never sold drugs, and certainly not to children. Sometimes officers get too busy and fail to measure distances correctly. We don’t.
- Forensics – a careful review of the lab test of a substance can sometimes lead to new and novel defenses.
- Mitigation – your case isn’t just about “guilty” or “not guilty”. Mitigating factors, facts that explain your conduct, can lead to a lower sentence. We investigate and remediate your substance abuse history, history of domestic violence, mental health, and other backgrounds to make a compelling argument for leniency to the prosecution, the judge, and the jury.
“Can I Get Diversion for a Drug Felony?”
In Kentucky, under KRS 533.250, a person charged with a Class D felony, and, in some circumstances, a Class C felony, can petition the Commonwealth’s Attorney for the right to participate in a pretrial diversion program. Admittance into the program is in the discretion of the prosecutor. In order to qualify, you must:
- Be charged with a Class D felony, or
- Be charged with a Class C felony and first complete court approved substance abuse treatment under KRS 533.251; and
- Not have been convicted of a felony in the last ten years; and
- Not have completed pretrial diversion in the last five years; and
- Your offense must be one that is eligible for probation; and
- Your offense cannot be a sex crime.
Even if you don’t think your offense qualifies, it may be possible to have the charge amended at the grand jury. Give us a call to discuss diversion possibilities for your charge.
“What is Deferred Prosecution?”
In Kentucky, under KRS 218A.14151, a person charged with a first or second offense felony drug possession charge can enter a program called deferred prosecution. Under this statute a defendant may enter deferred prosecution if
- They are charged with Possession of a Controlled Substance First or Second Offense under KRS 218A.1415;
- The prosecution approves.
- And the defendant agrees to the terms and conditions set by the Commonwealth Attorney; and
- The maximum length of the deferred prosecution is two years.
Upon completion of the deferred prosecution program, the charge is dismissed and sealed.
Recent Drug Law Articles
- Class C Felony Diversion: A Second Look at an Arcane Provision of Law - Many lawyers are familiar with KRS 533.250 and the provisions allowing the diversion of a Class D Felony under Kentucky ...