Lexington Marijuana Crimes Lawyer

Marijuana DUI

Driving under the influence of marijuana or a controlled substance is also illegal in Kentucky. Operating a motor vehicle with any measurable amount of marijuana in your system is a crime. Most people think driving under the influence (DUI) laws are primarily aimed to stop drunk driving. However, drugged driving is just as illegal in Kentucky. KRS 189.103 allows law enforcement officials to perform blood or urine tests to detect marijuana use if they have probable cause. Police can also use your behavior to arrest on marijuana DUI charges. If convicted, you could lose your driver’s license and face financial penalties and jail time.

What Are The Penalties For Marijuana Crimes In Lexington?

Marijuana crimes can be charged as misdemeanors or felonies. The potential penalties depend upon how the charge is graded. Your prior criminal history can also come into play when prosecutors are deciding whether to upgrade your charges to a more serious crime.

Penalties For Marijuana Possession

A conviction for possessing less than 8 ounces of marijuana carries a maximum of a 45-day jail sentence and a $250 fine. Possession of drug paraphernalia, however, can be charged as a Class A misdemeanor. Class A misdemeanors are punishable by up to one year in jail and a $1,000 fine.

Penalties For A Felony Conviction On Marijuana-Related Charges

You can face a significant prison sentence if you’re convicted on felony marijuana charges – even as a first offender. The sentencing guidelines in Kentucky provide that the following punishments may apply:

• Class D felony charges: Between one and five years in prison and between $1,000 and $10,000 in fines
• Class C felony charges: Between five and 10 years in prison and between $1,000 and $10,000 in fines
• Class B felony charges: Between 10 and 20 years in prison and between $1,000 and $10,000 in fines

It’s also important to consider the stigma of a felony conviction. Potential landlords and employers often ask whether you’ve been convicted of a felony. You’ll have to disclose your felony conviction well after you’ve served your punishment.

What Defenses Can Be Raised If You’re Accused Of A Marijuana Crime?

Remaining silent is one of the most important things you can do if you’ve been arrested for a marijuana crime. Speak with your lawyer before talking to anyone else. Remember, you have the right to speak with your attorney before you answer police questions. Your statements could eliminate valuable defense strategies to minimize the consequences of a crime. You could even wind up incriminating yourself for further crimes – and you’ll probably make the prosecution’s case easier to win by offering up information. At Oakley & Oakley, LLC, I will thoroughly investigate your case. I’ll use the facts to build a custom defense to the charge you’re facing. You can rest assured that I’ll consider every single potential defense option with one key goal: getting your charges dropped or reduced. In cases involving marijuana crimes, defense strategies often include:

• Constitutional violations: Police officers are required to respect your constitutional rights. If law enforcement officials violated your rights, the evidence they found is considered tainted. I will move to have all illegally obtained evidence thrown out. Often, police search a suspect’s home or vehicle without following the proper procedures. In this case, any evidence they find can be excluded from your trial.
• Insufficient evidence: Sometimes, prosecutors simply don’t have the evidence to prove the crime charged. For example, in a drug trafficking case, prosecutors have to prove that you possessed the marijuana with intent to sell. If they can’t establish the required intent, they can’t convict. In other cases, it might be difficult to prove that the drugs were actually yours – especially if they were in a place where others had access.
• Lab errors: The prosecution generally must prove that the substance in your possession was actually marijuana. They also have to prove the weight of the drugs involved in your case. Prosecutors and labs make mistakes all the time. Errors in how the substance was handled or tested after the police took it into custody can be used in your defense strategy.
• Miranda violations: Did the police use statements you made after your arrest to their advantage? If they failed to properly advise you of your right to remain silent and contact an attorney, any statements you made can be excluded from your case.

Schedule A Free Consultation With A Lexington Marijuana Crimes Lawyer

If you’re facing drug charges, you need a criminal defense attorney who understands the Kentucky legal system inside and out. At Oakley & Oakley, LLC, I can help you get your life back on track. Your first consultation is free of charge, so call today to schedule it.