A Strong Defense Against Drug Crimes

Several states have begun relaxing on the possession and use of marijuana, leading to a change of opinion in the eyes of many people across the nation. Despite this, marijuana is still illegal here in Kentucky, even if you purchased it legally elsewhere. This means that you can still find yourself in trouble for this or other drugs here, and you need to defend yourself from these charges.

At The Law Office of Marvin Knorr & Associates, we have been serving the members of the Covington community for years to protect their rights, futures and freedoms. If you or your child need exceptional representation to defend against drug charges, you cannot afford to wait another day to speak with me. The sooner our attorneys can begin defending your case, the better the outcome can be. Contact us today online, or call 859-495-1857 to get started on your case.

Understanding The Most Common Drug Charges

The specific circumstances of what you allegedly did determine what drug charge the prosecution will press against you. One of the major issues is the amount of drugs allegedly in your possession. Depending on the drug supposedly involved, you could be charged with simple possession or possession with intent to distribute.

Possession

Drug possession means having a controlled substance in your possession or control. Note that the drugs do not necessarily have to be physically on you or within reach. For example, the police could claim that you having access to the key to a car that has drugs in the trunk is probable cause to arrest you on suspicion of drug possession.

The penalties for drug possession depend on the type and amount of drug involved. Possession of a Schedule 1 or Schedule 2 drug is a Class D felony in Kentucky, with a maximum prison sentence of three years and the opportunity for deferred prosecution or probation for a first or second offense.

Intent To Distribute

As the term implies, to prove “intent to distribute,” the prosecutors must prove beyond a reasonable doubt that you meant to sell or distribute the drugs. One common method is to show that the amount of drugs in your possession is too much for personal consumption.

Intent to distribute is a more serious charge than basic possession. It can be charged as a felony with a much longer prison term, which is a real possibility. Getting overcharged is a common issue when it comes to possession versus possession with intent to distribute.

Know What You Are Up Against

The consequences of drug charges are based on what schedule, or category, they are in. These schedules are created by the federal government, and consist of five tiers for drugs:

• Schedule I: LSD, ecstasy, mushrooms, heroin and marijuana
• Schedule II: Meth, oxycodone, Vicodin, Adderall, Ritalin and cocaine
• Schedule III: Tylenol with codeine, ketamine, testosterone, anabolic steroids
• Schedule IV: Xanax, Valium, Ambien, Darvocet, Soma
• Schedule V: Robitussin Ac, Lomotil, Motofen, Parepectolin, Lyrica

The higher up the list your drug is, the worse the consequences can be. Most people are surprised to see that marijuana is higher on the list than meth or cocaine and are even more surprised to learn that the consequences of a conviction are as severe as they are.

Our Attorneys Can Help Protect You

There are many forms of drug charges, such as possession, manufacturing (creating or growing drugs), distribution (selling drugs or showing the intent to sell, like having a large amount of marijuana) and driving under the influence of marijuana or other drugs. Law enforcement will commonly try to go for the most severe conviction and tell you things like getting an attorney only makes you look more guilty.

Frequently Asked Questions About Drug Crimes

It can be hard to know what will happen next after being arrested on suspicion of drug possession, manufacturing, trafficking or dealing. At The Law Office of Marvin Knorr & Associates, we are here to help clients get the answers they need about Kentucky drug possession laws. We have prepared a few commonly asked questions about drug crimes:

What does possession with intent actually mean?

Many people who are caught in possession of illicit substances only have the drugs for personal use. However, the defendant could face charges of “drug possession with intent” to sell or distribute those drugs when there are larger quantities involved, the defendant has a prior conviction for selling or trafficking drugs or they are caught with drug paraphernalia that is used in drug sales, such as scales and baggies. Read: What Does Possession With Intent Mean In Kentucky?

What’s the difference between a misdemeanor vs. felony drug crime?

Simply put, misdemeanor charges hold lesser punishments than felony charges. Misdemeanor crimes generally carry punishments including less than $1,000 in fines and under a year of jail time. A felony charge, however, can lead to over $10,000 in fines and decades – or even life – behind bars. The severity of a misdemeanor or felony charge can often depend on several factors in a criminal case, such as the type and quantity of a drug found in the defendant’s possession and their prior criminal history.

What are crime classifications for drug charges?

Kentucky has three different drug possession conviction classifications. The type of conviction can depend on the type of drug that was in possession. The three charges include:

• First-degree: Possession of Schedule I or II substance can lead to a class D felony, three years behind bars and $10,000 in fines.
• Second-degree: Possession of Schedule III substances and some Schedule I or II drugs can lead to 12 months behind bars and $500 in fines.
• Third-degree: Possession of Schedule IV or V drugs can lead to 12 months behind bars and $500 in fines.

Subsequent convictions can lead to harsher punishments. A strong legal defense can help mitigate the consequences of a drug charge, no matter what the circumstances.

Do Not Wait Another Day

Our lawyers are eager to take up your case and fight for you. They are committed to seeing you beat these charges, and they will utilize their skills in negotiation and litigation to try to reduce or drop the charges. If things get tough, they will be prepared to take your case to court and fight for you there.

For a skilled trial attorney in the northern Kentucky area, contact our office by calling 859-495-1857 or emailing us here. Our lawyers will offer a hands-on approach to winning your case and will be available to you 24/7, so reach out today so we can start defending you tomorrow.