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Is Arrest Mandatory for Possession of Marijuana?

Kentucky law has been modified to allow for issuing a citation for possession of marijuana and paraphernalia. Physical arrest is no longer the preferred way of handling these types of misdemeanors under the new system of use of detention centers. Generally the arrest for possession is only in connection with other behavior: operating a motor vehicle, disorderly conduct or resisting arrest. In Northern Kentucky there are a number of ways an attorney can assist if you have been charged with paraphernalia or possession of marijuana, or other similar substances (i.e. salvia). Options include plea of guilty and possible later dismissal of the case, plea of not guilty and bench or jury trial on the issues. This option may also include motion(s) to suppress certain evidence. A third and often used option is diversion. This is only available for first time offenders but may allow for early dismissal of the case and expungement of the criminal record in much less time. This also allows persons filling out job applications to answer that they have not been arrested for a misdemeanor. This may be especially important if you do not want to lie or mislead a potential employer even though the record had been expunged. If you have been charged you should explore all options with an attorney experienced in handling criminal matters in the county of arrest. In Boone, Kenton, Campbell, Gallatin and Hamilton counties, contact Michael Bouldin for a consultation at 859-581-6453 or [email protected]

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