If you have been accused of possession of marijuana, you have the right to fight the charges. An experienced attorney can help. At Pearson & Paris, our 22 years of legal experience can 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.
Whether in the Louisville area or anywhere in Kentucky, it is unlawful to knowingly possess marijuana. KRS § 218a.1422. Possession of marijuana is a Class B misdemeanor punishable by no more than 45 days imprisonment. Aside from the criminal consequences, a marijuana conviction may have disastrous employment consequences and may make a person ineligible from receiving federal financial aid, to include federally subsidized student loans.
Possible Defenses for Possession of Marijuana
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 marijuana, the defense would focus on whether any urinalysis tests 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 marijuana possession case in Louisville, Jefferson County, or across Kentucky.
Call us at 502-208-5170 in the Greater Louisville area and across the state of Kentucky.
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.