Getting arrested for the possession of an illegal substance is a serious matter. The state of Kentucky has strict laws on the books relating to drug possession and those laws are tightly enforced.
However, just because you are arrested for possessing an illegal substance does not mean you will automatically be found guilty. In fact, there is much you can do to defend yourself. The key is having a qualified and competent criminal defense attorney on your side who can mount a vigorous defense on your behalf.
It is also important you know and understand what will happen to you after you are arrested. When you know what to expect, it can go a long way towards keeping you from making critical mistakes that could come back to haunt you.
Expect That Everything You Say Will Be Used Against You
The number one mistake people make when they are arrested for possession of an illegal substance is that they talk too much. You need to know that the police will try to get you to confess or say something that will later incriminate you.
Don’t give in to their tactics. You have the right to remain silent and it is crucial that you do so. Do not answer any questions other than giving the police your name, until your lawyer is present. The police can and will use everything you say against you.
Expect To Spend Some Time in Jail
After being arrested and questioned, the police will likely hold you in jail for a period of time. With the help of a good lawyer, you can make that time as short as possible. If after your arraignment you are able to post bail, you should be able to get out of jail.
Of course, you will need to ensure that you will be present at all legal proceedings related to your case.
Expect to Be Charged
If you have been arrested for drug possession, there is a good chance you will be charged with a crime. In Kentucky, the laws pertaining to possession include:
- Section 218A.1415 : The illegal possession of a Schedule I and Schedule II narcotics and several other substances. Possession of these drugs is a Class D felony punishable by up to five years in prison and a $10,000 fine.
- Section 218A.1416: Possession of an illegal substance in the second degree. This includes Schedule III controlled substances. It is a Class A misdemeanor and is punishable by up to one year in jail and a fine of $500.
There are numerous other common charges police can bring depending on whether there is evidence that you were growing or manufacturing the illegal substance and whether you were dealing the substance.
Expect a Rigorous Defense—If You Hire the Right Lawyer
While it might seem like there is no way you are going to beat your charges, you should know that a good lawyer can make all the difference in the world. A skilled criminal defense attorney knows how to defend drug charges and has a variety of tools at their disposal.
A strong defense includes investigating the circumstances surrounding your arrest and determining whether or not the police infringed on your rights. You and your lawyer can also claim that the police and the prosecution failed to prove that you were the owner of the drugs in question or that you broke the law.
Your lawyer might also be able to negotiate a deal in which charges are dropped, lowered, or some other more favorable outcome is pursued. These options are more likely if it is your first offense, you have lived as an upstanding citizen, and you get in touch with a lawyer right away.