Lexington, KY Drug Possession Defense Lawyer
Possession of drugs is a serious crime in Kentucky, and a conviction could lead to a lengthy prison sentence and heavy fines, even for a first offense. In addition, the police may seize your cash or other property, and it can be difficult to ever get it back. On top of that, you could be stuck with a felony conviction that can prevent you from getting the job you want, obtaining a professional license, or enjoying other privileges and benefits afforded to others.
Fortunately, help is available. Lexington, KY drug possession defense lawyer Todd W. Burris advises and represents people who have been charged with drug possession offenses in Fayette County.
Possession of Narcotics in Kentucky
You can be arrested for possession of drugs in Kentucky if the police find you in physical possession of an unlawful controlled substance such as marijuana, cocaine, heroin, or meth. Even prescription drugs are controlled substances, and it can be illegal to posses them without a valid prescription. Being in actual possession of drugs would mean physically holding drugs or having them in your pockets or elsewhere on your person.
In addition, you can be arrested if found to be in “constructive possession” of drugs, which means that drugs are found in some area under your control or within your reach. For instance, if drugs are found in your home, you could be considered in possession of them if they are found under the chair where you are sitting, or perhaps elsewhere in your apartment. If you are stopped while driving, the entire interior of the car may be considered an area under your control.
A drug possession charge can be a felony or misdemeanor depending upon the type and amount of drug involved, but most drug charges are felony matters in Kentucky. Even possession of less than eight ounces of marijuana can be charged as a felony if you have a previous conviction, subjecting you to up to five years in prison and a $10,000 fine if convicted.
Get Immediate Help for a Drug Possession Arrest from a Dedicated Lexington Criminal Defense Attorney
If you are arrested for possession of drugs, speak as little as possible during your arrest and insist on contacting an attorney as quickly as possible. You will not be required to say anything at this point, so do not admit to anything. Anything you say or do can be held against you later in court. If possible, try and contact a witness who was with you at the time of the arrest. Depending on how the arrest was documented, it may be possible for your lawyer to argue that the conviction and arrest were handled unfairly.
Remember that there are always legal options available. You shouldn’t give up hope. You may have many defenses available, including constitutional challenges regarding the search or seizure of the drugs. Your attorney may also be able to influence what charges are brought, such as a misdemeanor versus a felony. If the prosecution’s case is strong and your defenses are limited, an attorney who knows the system may still be able to help you by finding alternatives to incarceration such as treatment or probation.
Todd Burris is a former Assistant Commonwealth Attorney with experience in negotiation and litigation of criminal prosecutions. If you are arrested for drug possession in Fayette County, turn to Lexington, KY drug possession defense lawyer Todd W. Burris. You can call our office at (859) 252-2222, or contact us online to schedule a 100% confidential consultation about your case.