Lexington Marijuana Crimes Lawyer
Were you recently arrested for a marijuana crime in Lexington? Violations carry harsh penalties in Kentucky, despite the relaxation of marijuana laws across the U.S. As the experienced Lexington marijuana crimes lawyer at Oakley & Oakley, LLC, I can help you defend yourself aggressively. My name is Jay Oakley, and I’ve been fighting to protect the rights of clients in Lexington, Kentucky, for nearly 20 years. My reputation as an elite trial lawyer is well-known. When I walk into the courtroom, prosecutors know that it won’t be easy to get a conviction. Your future is too important to trust just any lawyer with your criminal defense. Call my law offices today for a free consultation with me, a lawyer who is experienced in handling cases involving marijuana charges.
How Can Oakley & Oakley, LLC, Help If You Were Arrested For A Marijuana Crime In Lexington, Kentucky?
States across the U.S. are decriminalizing marijuana possession. Kentucky has yet to follow suit. Even possession of a small amount of marijuana remains a crime. If you’re charged with a Lexington drug crime, you could face jail time and steep financial penalties. I can fight to minimize the fallout. When you hire me, I will:
- Investigate to locate all relevant evidence
- Ensure you understand all of your legal options and rights
- Build a strong defense and fight to have your charges dismissed
- Fight to have your charges downgraded if dismissal isn’t possible
- Ensure that your constitutional rights are respected throughout the entire criminal process
- Advocate for your rights in court, if necessary
When you’re arrested on criminal charges, it’s important to remember that you’re innocent until proven guilty. Police and prosecutors might behave as though your guilt is a foregone conclusion. In reality, the prosecution is required to prove every element of the crime beyond a reasonable doubt to secure a conviction. When you hire me, I’ll do everything I can to make the prosecution’s job as difficult as possible. If you’ve been arrested, the clock is ticking. Call my law firm today so that we can get started.
Overview Of Marijuana Crimes In Kentucky
Kentucky marijuana laws criminalize a range of activities related to the use, possession, growth and sale of marijuana. Medical marijuana isn’t legal in Kentucky – and what may seem like a simple indiscretion can quickly escalate into serious charges.
Marijuana possession is by far the most common marijuana crime charged in the state of Kentucky. Possession of marijuana is still illegal in Kentucky. Under KRS 218A.1422, marijuana possession is Class B misdemeanor. It’s also illegal to possess items and paraphernalia used to smoke marijuana – including pipes and bongs.
Trafficking in marijuana or other illegal drugs is a much more serious offense. Drug trafficking can be charged at the state or federal level. Under Kentucky state law, intent to distribute can be assumed if the defendant possessed more than 8 ounces of marijuana. Under KRS 218A.1421, prosecutors can escalate a drug possession charge to felony drug trafficking if you’re found with more than 8 ounces of marijuana, as follows:
- Trafficking between 8 ounces and 5 pounds of marijuana is a Class D felony for first offenders and a Class C felony for repeat offenders
- Trafficking more than 5 pounds of marijuana is a Class C felony for first offenders and a Class B felony for repeat offenders
Trafficking less than 8 ounces of marijuana is a Class A misdemeanor for first offenders and a Class D felony for second and subsequent offenses.
Have a Question?
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.
What is a Criminal Defense Attorney and When do You Need One?
A criminal defense attorney represents individuals who are under investigation for criminal activity. They represent clients who might be witnesses in a criminal case. They also represent individuals charged with crimes.
If you or a family member has been arrested or is dealing with a criminal law matter, it is wise to consult a criminal defense lawyer as soon as possible.
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.
Cultivation Of Marijuana
Under Kentucky law, a person can be convicted of marijuana cultivation for knowingly and unlawfully planting, cultivating or harvesting marijuana with the intent to sell or transfer the marijuana. The severity of the charge depends on how many marijuana plants were involved. Cultivating fewer than five marijuana plants is a Class A misdemeanor for first offenders and a Class D felony for repeat offenders. Cultivating five or more marijuana plants is a Class D felony for first offenders and a Class C felony for repeat offenders. Prosecutors can use the fact that five or more marijuana plants were involved as evidence that the plants were cultivated with the intent to sell or transfer the marijuana.
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.