If you have been arrested for possession, trafficking, or manufacturing a controlled substance, you need a Northern Kentucky drug crimes lawyer at Suhre & Associates, LLC. Our criminal defense attorneys have successfully resolved thousands of drug cases and won many trial victories.
Prosecutors take drug crimes extremely seriously. Once they have charged you with a crime, the case will not go away on its own. The police are not your friend, and they will not rest until they have you behind bars.
The only thing standing between you and a lengthy prison sentence is an aggressive criminal defense lawyer. Don’t waste any more time worrying about what to do. The answer is simple — contact Suhre & Associates, LLC in Northern Kentucky right away for your free consultation.
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How Can Suhre & Associates, LLC Help with Drug Charges in Northern Kentucky?
The Northern Kentucky drug crimes lawyers at Suhre & Associates, LLC have a great deal of experience handling all types of drug charges. From misdemeanor drug paraphernalia charges to extremely serious felony drug trafficking, our criminal defense attorneys have seen it all in our 100 years of combined experience.
Our experience means that prosecutors take us seriously. They know that we aren’t scared to call their bluff and take the case to trial. This can be very advantageous to our clients when we negotiate for a reduction or dismissal in charges. We pride ourselves on our reputation for aggressive trial advocacy.
Some of the steps we may take to defend you include:
- Asserting your right to remain silent
- Dispatching investigators to talk to witnesses and find evidence of your innocence
- Filing motions to suppress evidence such as drugs, paraphernalia, and text messages
- Working with expert witnesses to challenge lab or field test results
- Taking your case to trial
Every case has unique facts and requires its own approach. We understand that most cases are won and lost in the nitty gritty details. We will pour over every scrap of evidence to prove your innocence.
Contact our team in Northern Kentucky to learn more about how we can help you in your case.
What are Drug Crime Charges in Northern Kentucky?
We have defended clients accused of drug crimes involving many different controlled substances, including:
- Marijuana
- Cocaine & crack cocaine
- Methamphetamine
- Prescription pills
- Heroin
- Fentanyl
- LSD
- Psilocybin (shrooms)
- Ecstasy
- Adderall
No matter which controlled substance you are facing charges for, our experienced team will work closely with you to defend your future.
The three main drug crimes in Northern Kentucky are possession, drug trafficking, and manufacturing of a controlled substance. Many times, if you are charged with one drug crime, the state will find a way to tack on additional charges. This is known as “charge piling.”
Prosecutors overcharge cases to try to force defendants to plead out quickly. This is their way of quickly resolving cases. Suhre & Associates, LLC keeps an eye out for the unethical practice of charge piling. We won’t let the prosecutors push you around.
Each drug charge has individual elements that the state must prove beyond a reasonable doubt to convict you. Listed below are the elements of the primary drug crimes in Kentucky.
Possession
Possession of a Controlled Substance can be charged as First Degree, Second Degree, or Third Degree Possession. First degree is the most serious. The way this crime is charged depends on the type of substance allegedly possessed. First Degree Possession is for Schedule I controlled substances and narcotics. This is how possession of most street drugs is charged.
The elements of Possession of a controlled substance are:
- The defendant
- Knowingly and unlawfully
- Possessed a controlled substance
Possession is the classic drug charge that we see in court every single day. When police search someone and find drugs, possession comes into play right away.
The other type of possession that comes up frequently is Possession of Drug Paraphernalia. Possession of drug paraphernalia can be charged when someone possesses materials related to using, making, or selling drugs. The definition of drug paraphernalia is extremely broad. Some examples could include a bong, a pipe, a scale, lab equipment, balloons, baggies, and needles.
Trafficking
First Degree Drug trafficking in Kentucky is defined as knowingly and unlawfully:
- Distributing, Dispensing, Selling, Transferring; OR
- Possessing with Intent to do any of the previous:
- Four grams or more of cocaine
- Two grams or more of methamphetamine
- 10 or more doses of a Schedule I or II Narcotic
- Any amount of heroin, fentanyl, LSD, GHB, or other specific drugs listed
Drug trafficking is sometimes called Possession with Intent to Distribute. Prosecutors can charge drug trafficking / Possession with Intent to Distribute as First Degree, Second Degree, or Third Degree drug trafficking. A key piece of drug trafficking and possession with intent charges is the amount of the substance involved.
The amount of specific drugs listed is known as “the threshold amount.” If you possess less than the amount specified, the charge will likely just be the less serious charge of simple possession. If you possess the threshold amount, the state can infer an intent to sell or distribute and charge trafficking instead.
Some drugs don’t have a threshold amount, and the state can prove drug trafficking if it proves any amount was possessed with intent. Of course, the state can also prove that a sale, transfer, or distribution actually occurred. Sometimes they will set up a sting operation to bust suspected drug dealers in the act of a sale.
Manufacturing
The crime Manufacturing a Controlled Substance is actually charged as “Drug Trafficking” in Kentucky. The elements are largely the same.
The state must prove:
- The defendant
- Knowingly and unlawfully
- Manufactured or possessed with intent to manufacture:
- Four grams or more of cocaine
- Two grams or more of methamphetamine
- 10 or more doses of a Schedule I or II Narcotic
- Any amount of heroin, fentanyl, LSD, GHB, or other specific drugs listed
Drug charges involving Schedule I or II Narcotics are typically felonies. A felony is the most serious type of crime.
The defense lawyers at Suhre & Associates, LLC understand how scary drug charges can be. We know that sometimes good people get caught up in bad situations. Our compassionate attorneys are proud to stand up against the full weight of the government when you are accused of a crime.
What Defenses are Available to Drug Crime Charges in Northern Kentucky?
Our drug crime lawyers love fighting drug cases. This is because drug charges involve some of the most interesting legal issues. Suhre & Associates, LLC will spend late nights in the law library reading obscure court opinions and statutes, scouring the law for unique defense theory for you.
Based on the evidence we get from the state, our interviews with you, and the evidence our own investigators find, we will build your defense strategy. A good defense strategy always involves multiple approaches, since cases are often won through a “death by a thousand cuts” approach.
Each case is unique, but some tactics that may come up to defend against drug charges include:
- Filing motions to suppress evidence obtained during unlawful searches
- Filing motions to suppress incriminating statements obtained by a Miranda violation
- Proving you were entrapped by law enforcement
- Showing witnesses have a motive to lie to save themselves
- Proving a substance was only for personal use
You should never try to develop a defense on your own. You need to invoke your right to silence and contact Suhre & Associates, LLC right away for help. Trying to talk your way out of something may mean saying the wrong thing and sinking your whole case.
What are the Penalties if Convicted for a Drug Crime?
In Kentucky, Possession of a Controlled Substance in the First Degree and First Degree Drug Trafficking are both felonies. Possession of Drug Paraphernalia is a Class A Misdemeanor.
The severity of the charge depends on the number of prior convictions, the controlled substance involved, and the amount. The criminal complaint you receive in court will contain the nature of the charges against you and the minimum and maximum penalties you are facing. Since every case is charged differently, you should work closely with your attorney to determine what you are facing.
Common classifications of drug charges include:
- Class A Misdemeanor – Up to 12 months jail and a $500 fine
- Class D Felony – 1 to 5 years prison and a $10,000 fine
- Class C Felony – 5 to 10 years prison and a $10,000 fine
If you are convicted for First or Second Offense Possession of a Controlled Substance you may be eligible for a Deferred Prosecution Agreement (DPA). A DPA is an intensive treatment program that you participate in while on community supervision, much like probation.
If you are granted a DPA and successfully complete treatment and comply with all the terms and conditions, your case can be dismissed and the records sealed. A DPA is not easy, and can last for up to two years. Random drug testing and regular treatment meetings are common.
Many of our clients prefer a DPA to facing a criminal trial. We have successfully enrolled many clients in DPA’s and helped them complete the program. While the prosecutor has discretion on who to let into the program, our experienced defense lawyers know how to build a compelling case that you should be selected.
Contact Suhre & Associates, LLC Today For a Free Consultation
Northern Kentucky drug crimes lawyers at Suhre & Associates, LLC will stand up for you when it feels like everyone else is against you. Our experienced and aggressive criminal defense attorneys pride themselves on hard-fought trial victories and successful resolutions.
Do not risk your future and freedom by waiting too long to get the help you need. Contact Suhre & Associates, LLC right away to begin defending your rights.
