Effective Representation In Possession Of A Controlled Substance Cases
If you have been accused of possession of a controlled substance, you need a strong defense. An experienced attorney can help. At Pearson & Paris, our 22 years of legal experience will be used to protect your rights. Perhaps more importantly, our top criminal defense attorney is a former senior prosecutor who knows how prosecutors handle these cases. That knowledge allows us to create effective strategies ranging from negotiation to courtroom battles.
A person is guilty of possession of a controlled substance in the first degree when possessing a controlled substance that is classified in Schedules I or II, to include methamphetamine. KRS § 218A.1415 Possession of a controlled substance in the first degree is a class D felony, however, the law favors imposing either a deferred prosecution, for first and second offenders, or presumptive probation. This approach favors a therapeutic approach over a punitive approach.
A person is guilty of possession of a controlled substance in the second degree when possessing a controlled substance that is classified in Schedules I or II as a non-narcotic drug or a Schedule III controlled substance. Possession of a controlled substance in the second degree is a class A misdemeanor. KRS § 218A.1416.
Possible Defenses for Possession of controlled substance
The key to defending any “possession” charge is showing that the person did not “knowingly” possess any drugs or paraphernalia (i.e., “Lack of Knowledge”). Often the drugs that were found in a vehicle or residence were left behind by another occupant of the vehicle or a roommate. Sometimes the drugs were found in a location where it cannot be said that the person possessed them since he no longer had actual control over them. Where a charge alleges the mere use of a controlled substance, the defense would focus on whether any urinalysis test were performed, and to what extent the officer was qualified in recognizing the symptoms of drug use.
Other defenses may also apply. This includes an analysis of any violation of constitutional rights, such as the right to remain silent, the right to counsel, the right to have any searches and seizures based on probable cause, a proper warrant, and the right to due process in the proper preservation of evidence that may be used against you. Many other defenses are available that rely on scrutinizing and exposing weaknesses in the prosecutor’s case, such as: biased or incompetent witnesses, flawed crime scene investigation, flawed administration and procedures in collecting breath, blood or urine for forensic testing, incompetent computer evidence, flawed photo lineups, and inaccurate crime scene/accident reconstructions.
It is important that you hire a skilled and experienced lawyer to defend you in a possession of a controlled substance case in Louisville, Jefferson County, or across Kentucky.
Call us at 502-688-5200 in the Greater Louisville area and across the state of Kentucky.
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For an initial consultation with a Louisville criminal law attorney, contact Pearson & Paris. We represent clients throughout Jefferson, Oldham, Shelby, Spencer, and Bullitt counties in such cities as Louisville, St. Matthews, Lyndon, Prospect, Anchorage, Hurstbourne, Middletown, Jeffersontown, Shively, Crestwood, Goshen, Buckner, La Grange, Simpsonville, Shelbyville, Mt. Washington and Shepherdsville.