Don’t be shocked if you had a gun and marijuana if you are facing a felony criminal charge. In many states marijuana possession is now legal. While it remains illegal in Kentucky, the penalties for simple possession (under 8 ounces) are fairly minimal. Most cases of personal possession result in diversion or a small fine. If the offender takes a Marijuana Education class and pays the fines/costs, they may be eligible to have the conviction voided, sealed and/or expunged.
This is NOT the case if you also possess a firearm. Under Kentucky law, any drug offense together with a firearm can be charged as a felony offense. If you are charged with Enhanced Possession or Enhanced Trafficking, you need to hire an attorney as soon as possible. It is important to know that a CCW does not preclude an enhanced charge if you possession a firearm and illegal drugs.
Many times an attorney can help you negotiate a deal. While no attorney can promise an outcome, the deal may include: no incarceration, probation or diversion, misdemeanor plea, and/or potential for expungement of the charges. A good attorney will review your case, review the evidence against you and then make an evaluation of the case. In every case, there is possibility of suppression of evidence or a not guilty verdict. In some cases, charges may be dismissed if the arresting agency conducted an improper search or violated a defendant’s constitutional rights. The attorney will research the case and apply it to state and federal law to give you the best chance of success. This knowledge will also help in negotiating the best deal possible.
If you have been charged with a drug offense, gun offense or combination, you need to hire an experienced criminal defense attorney. For consultation and representation in Northern Kentucky, contact Michael Bouldin or call 581-MIKE (859-581-6453).