Effective Representation In Controlled Substance Trafficking Cases
If you have been accused of trafficking in 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.
Kentucky law provides for three degrees of the crime of trafficking in a controlled substance depending on the nature of the drug involved and its quantity. The crimes are classified from Class A misdemeanor to as much as a Class B felony, which could result in imprisonment of up to 20 years. KRS §§ 218A.1412-1414. Aggravating factors include trafficking in or near a school or selling to minors.
Possible Defenses for Trafficking in a controlled substance
The key to defending a charge regarding distribution of a controlled substance is demonstrating that the defendant did not have “knowledge” of the drugs (i.e., “Lack of Knowledge”). For example, many times we see cases where an acquaintance, friend or roommate asks the defendant if they can drive their vehicle to a certain location (even across state lines). This is done without the defendant’s knowledge that there are drugs packed away in the trunk, in a false bottom gas tank, or some other area of the vehicle. We have also defended cases where a defendant has had their suitcase packed/tampered with by a roommate who placed drugs inside it without the defendant’s knowledge. Other defenses include demonstrating that the drugs were not for sale, but were for personal 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 502-208-5170 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.