Lexington Drug Crimes Attorney
Were you recently arrested for a drug offense in Lexington, Kentucky? To begin your legal battle, all you need to do is contact me, Jay Oakley. I am a knowledgeable Lexington drug crimes lawyer from Oakley & Oakley, LLC. Call me at and schedule a free consultation to discuss your case.
It is important to fight back forcefully against the state prosecutor to try to prevent them from convicting you and sending you to jail.
How a Lexington Criminal Defense Attorney Can Defend Your Drug Charges
Hiring a Lexington criminal defense attorney like me is a sensible step to take when facing drug charges in the state of Kentucky. Some of the many ways I can work to defend you against the allegations of the prosecution include:
- Thoroughly investigating the events that led to your arrest
- Consulting with relevant experts about the nuances of your case
- Providing you with straightforward answers to your questions
- Walking you through the inner workings of the Kentucky legal system
- Devising an effective defense strategy for your drug crime case
- Completing and filing legal documents with the court for you
- Fighting tirelessly to try to secure a reasonable bond for you
- Protecting your constitutional rights
- Searching for evidence that may persuade a jury to acquit you
- Providing you with sound legal advice at every stage of your case
- Working out a plea bargain agreement with the state’s prosecutor
- Arguing on your behalf in criminal court, if necessary
Would you like a skilled drug crimes attorney to help you battle against the accusations of the state of Kentucky? Then please reach out to set up a free initial consultation with me at my Lexington law office as soon as possible. I have many years of experience in the legal field, and I am more than ready to fight for you.
Key Insights into Kentucky’s Drug Laws
Like every other state, Kentucky regulates the transportation, sale, possession, production and manufacturing of drugs within its borders. It does so through statutes such as:
Understanding Possession of Controlled Substances in the First Degree
Section 218A.1415 of the Kentucky Revised Statutes states that it is illegal for a person to possess:
- A Schedule I or II narcotic drug
- Methamphetamine
- Lysergic acid diethylamide
- Phencyclidine
- Gamma hydroxybutyric acid (GHB)
- Flunitrazepam
People who violate this statute are guilty of the possession of a controlled substance in the first degree, which is a Class D felony.
Understanding Possession of Controlled Substances in the Second Degree
Section 218A.1416 of the Kentucky Revised Statutes states that it is illegal for a person to possess:
- A Schedule I or II non-narcotic drug
- A Schedule III controlled substance, except marijuana
When Kentucky police officers catch someone violating this law, they can charge them with the possession of controlled substances in the second degree. This offense is a Class A misdemeanor.
Understanding Possession of Controlled Substances in the Third Degree
Section 218A.1417 of the Kentucky Revised Statutes states that it is illegal for a person to possess:
- A Schedule IV controlled substance
- A Schedule V controlled substance
Individuals who violate this law are guilty of possession of controlled substances in the third degree. This crime is a Class A misdemeanor.
Have a Question?
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What is Probable Cause?
Probable cause is a legal term that is often misunderstood. Law enforcement must have probable cause to believe you committed a crime before they search or arrest someone.
Probable cause is a particular and reasonable belief that an individual is:
- committing a crime,
- has committed a crime or
- is about to commit a crime.
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How to Know if You Hired a Good or Bad Criminal Defense Attorney
If you are accused of a crime or you are under investigation for a crime, you have the right to legal counsel. It does not matter whether you face drug crime charges, DUI charges, or weapons charges. The United States Constitution guarantees you the right to consult with a criminal defense lawyer. Never give up or waive your right to counsel when facing criminal charges in Kentucky. Always exercise your right to consult with a lawyer before answering questions or giving the police a statement.
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Do I Need a Criminal Defense Lawyer if I Shoot Someone Who Breaks Into My House?
If someone breaks into your home, the use of deadly force could be justifiable under Kentucky’s self-defense laws and the Castle Doctrine. However, there are exceptions in which the use of deadly force could result in an arrest for assault, homicide, or manslaughter.
It is wise to understand your legal rights to avoid a weapons charge or murder charge, especially if you own a gun to protect yourself and your family from intruders.
Marijuana Possession
Section 218A.1422 of the Kentucky Revised Statutes states that it is illegal for a person to possess any amount of marijuana. Those who break this Kentucky law are guilty of marijuana possession, which is a Class B misdemeanor.
Marijuana Cultivation
Section 218A.1423 of the Kentucky Revised Statutes states that it is illegal for a person to cultivate or harvest marijuana with the intent to sell it. When Lexington residents violate this statute, the police may charge them with marijuana cultivation. For individuals who cultivate fewer than five plants, this offense is a Class A misdemeanor. For people who grow five or more plants, this is a Class D felony.
Marijuana Trafficking
Section 218A.1421 of the Kentucky Revised Statutes states that it is illegal for a person to sell or distribute marijuana. Those who violate this law are guilty of marijuana trafficking. Trafficking less than 8 ounces of marijuana in the state of Kentucky is a Class A misdemeanor. Trafficking more than 8 ounces but less than 5 pounds of marijuana is a Class D felony. Trafficking more than 5 pounds of marijuana is a Class C felony.