Drug Charges Defense You Deserve the Best Defense

Kentucky Drug Crime Lawyers

Drug crimes are among the most common criminal charges prosecuted in Kentucky courts and the federal criminal justice system. They cover various offenses involving controlled substances, from possession and sale to manufacture and distribution. These crimes involve violations of federal or state laws or both.

Depending on the particular circumstances of a case, these offenses can result in a broad range of potential criminal and administrative consequences, including probation, prison, property forfeiture, and participation in a court-ordered drug treatment program. The charges and penalties you face will depend on the type of drugs involved, their quantity, your prior criminal history, if any, and other factors that can aggravate or lessen the consequences.

More severe charges typically result in harsher penalties. However, even less serious charges, such as possessing a small amount of a controlled substance, may have harsh consequences. This especially applies if you have prior convictions, used a firearm in the commission of the crime, engaged in criminal activity near a protected zone (such as a school or park), or involved minors in the crime.

Consulting with a criminal defense lawyer is essential if you are being investigated for a state or federal drug crime. At Butler & Associates, we can advise you on where you stand, how to proceed, your potential options, and likely outcomes. Mr. Butler is a 35-year veteran in this field who has handled thousands of cases and brings invaluable trial experience to your defense.

We defend clients in Louisville, Lexington, Jefferson County, Fayette County, Franklin County, Daviess County, and across Kentucky. We also defend clients nationwide in federal drug charges.

Combat state and federal drug charges with help from a Louisville drug crime attorney at Butler & Associates. Contact us at (502) 237-0871. For more information, please see his Case Results and Testimonials.

Federal Drug Crime Laws

Under the Controlled Substances Act, drugs have been grouped into five categories, called “schedules,’ based on their abuse and addiction potential compared to their therapeutic value. These schedules range from the most dangerous at Schedule I and II down to the least at Schedule V. They include street drugs and prescription drugs and their precursors.

This law established regulatory requirements, enforcement mechanisms, and penalties for the unauthorized manufacture, distribution, or possession of controlled substances.

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Schedule I through V Controlled Substances

The most severe penalties involve drugs listed in Schedule I, which have a high potential for abuse and no accepted medical use. Schedule I drugs include heroin, LSD, and marijuana. Schedule II drugs have a high potential for abuse and severe dependence but have a currently accepted medical use.

Schedule II drugs include hydrocodone (Vicodin, Lortab), PCP, cocaine, fentanyl, methamphetamine, morphine, and oxycodone (OxyContin, Percocet).

Schedule III drugs have less potential for abuse than Schedule II drugs, a potential for moderate dependency, and an accepted medical use. Anabolic steroids and codeine fall into this category.

Schedule IV drugs have less potential for abuse than Schedule III drugs, limited potential for dependency, and are accepted in medical treatment. Schedule IV drugs include valium, Xanax, and other tranquilizers and sedatives.

Finally, Schedule V drugs have a low potential for abuse, limited risk for dependency, and accepted medical uses. These include drugs like cough medicines with codeine.

Contact us today online or call (502) 237-0871 to get started. For more information, please see his Case Results and Testimonials.

State Drug Crime Laws

Kentucky has enacted drug laws that mirror the Controlled Substances Act. Penalties may be less harsh and more flexible under state sentencing schemes than federal sentencing guidelines.

In state court, a conviction of simple possession may result in court-ordered drug treatment rather than jail, and probation may be available to first-time offenders, even for more serious crimes. However, lesser offenses can result in severe criminal consequences depending on the particular facts of a case or your prior criminal record.

Search & Seizure in Drug Crimes

Search and seizure law in Kentucky, similar to federal law, requires that law enforcement officials have probable cause before conducting a search or seizure. This falls under the Fourth Amendment of the Constitution. It means they must have reasonable grounds to believe a crime has been committed and that evidence of the crime is present in the location to be searched.

Consulting with a legal professional in drug cases is thus essential when search and seizure is a factor. Assessing the legality of the search and seizure requires a detailed analysis of numerous elements. In a drug-related case, effectively contesting the evidence could decide between case dismissal and conviction. If it's determined that the search or seizure was conducted illegally, any evidence obtained as a result may be deemed inadmissible in court.

At Butler & Associates, we can investigate the details of your arrest and charges regarding this issue to ensure you have the defense you need against violations of your constitutional rights.

Criminal & Civil Forfeiture in Drug Crimes

Criminal and civil forfeiture are legal tools that allow law enforcement agencies to seize property that they allege has been involved in specific illegal activity, including drug crimes.

Criminal forfeiture is an action brought as a part of your criminal prosecution. It's a punitive act that can only be applied if you are convicted. The government can seize assets linked to the crime you were convicted of.

On the other hand, civil forfeiture is a proceeding against the property itself, not the person who owns it. The asset can be seized regardless of whether its owner has been charged with a crime. The government must only show that the property is connected to illegal activity.

Controversy surrounds government forfeiture, particularly civil forfeiture. This is based on arguments that it violates your constitutional right to due process because governments are allowed to take ownership without a conviction or even criminal charges.

Law enforcement agencies often keep all or a portion of the proceeds from forfeited property, which critics argue creates a perverse incentive that may lead to abuses. Numerous cases exist where property owners were not involved in any criminal activity but still had their property seized because someone else used it illegally.

Working with an experienced criminal defense attorney in cases where forfeiture has occurred or is threatened against you is vital.

Alternatives to Incarceration in Drug Crimes

The U.S. justice system has significantly altered its strategy in addressing drug offenses over the last few decades with alternatives to punishment.

An example of this transformative approach is the implementation of drug courts. These courts present an alternative to conventional imprisonment. They focus on providing a framework that prioritizes substance abuse therapy and continuous monitoring to foster rehabilitation and diminish repeat offenses.

Kentucky’s drug courts provide an alternative sentencing program authorized by the Kentucky Supreme Court. They primarily target non-violent offenders whose criminal activities stem from substance addiction.

The critical components of all Kentucky drug courts include integrating alcohol and other drug treatment services with justice system case management. This involves close monitoring and ongoing support to help individuals overcome their addiction while holding them accountable for their actions.

You may be eligible for such a program if you face drug charges such as simple possession. Our attorney can advise you on your potential options based on the circumstances of your case.

Get skilled legal help by contacting Butler & Associates at (502) 237-0871 today.

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