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Kentucky Drug Crime Lawyer

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Kentucky Drug Crime Attorney

Kentucky has strict drug crime laws, making a drug arrest in this state very serious. Whether it’s your first offense or not, getting charged with a crime can be confusing and overwhelming. You can face harsh penalties, jail time, and possible fines. Hiring a Kentucky drug crime lawyer who can advocate for your rights is the first step in getting you a favorable outcome. 

McNally Law offers prime legal assistance in drug crime cases. With over 35 years of experience as a defense attorney, Patrick McNally tackles all areas of criminal law. He comes highly recommended, achieving results through an aggressive approach, and former clients have praised his professionalism, diligence, and ability to come up with solutions in difficult cases. 

However, Client testimonials reflect individual experiences and do not guarantee a similar outcome in your case.

With experience at the state and federal levels, attorney Patrick McNally is readily able to develop a plan to tackle your drug crime charges, making him a clear choice in these matters. 

Drug Crimes in Kentucky

Drug crimes are widespread across the country, leading to billion-dollar costs. According to the United States Sentencing Commission, in 2024, 29.7% of all federal criminal sentences in the country were drug-related. Kentucky especially observed a rate of about 49%, or 389 cases of drug possession and trafficking.  

These drug-related arrests can result in an appearance at the Simpson County Justice Center at 101 N. Court St. in Franklin, Kentucky, or the Christian County Justice Center at 100 Justice Way, Hopkinsville, Kentucky. 

In 2023, Kentucky released a report showing 1,984 overdose deaths; most of these fatalities resulted from fentanyl and methamphetamine use. Though this report ultimately identified a 9.8% decrease in deaths from the previous year, drug trafficking, drug distribution, and drug use remain frequent criminal activities within the state. 

Other Types of Kentucky Law Cases We Handle

Drug Crime Laws and Penalties in Kentucky

The Kentucky Revised Statutes Chapter 218A details drug crime charges in Kentucky, and the following penalties apply: 

  • Possession in the first degree. For the first offense, you can be charged with a Class D felony for possessing a Schedule I or II substance.
  • Possession in the second and third degree. This is possessing a Schedule III or IV substance, which is a Class A misdemeanor.
  • Drug trafficking. It’s more serious for a Schedule I or II substance.
    • For a Class D felony, the penalty is one to five years in prison.
    • For a Class C felony, the penalty is five to ten years in prison.
  • Manufacturing. This is for making methamphetamine.
    • First offense: Class B felony with a penalty of 10 to 20 years in prison.
    • Second offense: Class A felony with a penalty of 20 to 50 years in prison.
  • Drug paraphernalia. This is possessing items like pipes, scales, or syringes, and it’s a Class A misdemeanor, which carries the penalty of up to 12 months in jail and up to $500 in fines.

While these legal codes may seem complicated at first glance, hiring a drug-crime attorney at McNally Law can help answer any questions or doubts regarding any penalties your case may face.

Special Circumstances and Enhancements for Drug Crimes

A few considerations can be made in addition to the drug crime when it comes to determining your sentence:

  • If a firearm was used during the drug crime, it automatically increases the charge to a felony.
  • If the endangerment of a child occurred, including producing methamphetamine in a home where a minor is present. This can result in an increased sentence.
  • First-time and non-violent offenders can qualify for probation or drug treatment programs to avoid being incarcerated. These diversion programs can be reviewed in Drug Court.
  • Under Senate Bill 122, primary caregivers of children may be provided treatment rather than jail time.

Drug crime laws and penalties can be confusing. At McNally Law, our Kentucky drug crime attorneys are readily available to explain the stakes in your case and are equally prepared to advocate for you throughout any and all unforeseen legal developments.

What Should I Do if I’m Arrested for a Drug Crime?

If you’re arrested for a drug crime, there are some things you can do to improve the outcome in your case, including the following:

  • Avoid destroying evidence. If you’re caught trying to get rid of the drugs during your arrest, you could face additional charges, which can increase your punishment.
  • Exercise your right to stay silent until you can speak to a lawyer.
  • Cooperate with law enforcement. You don’t want negative or aggressive behavior to be used against you later.
  • Hire a drug crime lawyer to guide you through the process and negotiate on your behalf.
  • Only discuss your case with your attorney. Any statements you make can affect your defense and ultimately your final sentence.

A drug crime lawyer at McNally Law can assist you in these procedures, considering their extensive background regarding drug-crime defense strategies and Kentucky’s complex legal landscape.

Possible Defense Strategies for Drug Crimes in Kentucky

A capable drug crime lawyer can use certain strategies to get a reduced sentence or even get the charges against you dismissed. Some common tactics used include: 

  • Proving a lack of probable cause for the initial arrest
  • Proving an illegal search of your residence or person occurred
  • Proving mistaken identity
  • Proving that entrapment by law enforcement occurred
  • Identifying issues with the chain of custody
  • Identifying a lack of evidence
  • Identifying a lack of proof of possession

McNally Law drug-crime lawyers are well-versed in the legal norms and local statutes surrounding drug crime in Kentucky. Highly adept at communication, legal research, and defense, our attorneys are primed to advocate for your interests in the most favorable way possible.

Hire a Kentucky Drug Crime Lawyer

At McNally Law, primary attorney Patrick McNally confronts every drug crime case with a go-getter attitude, working to get clients favorable results in their cases. His experience working against prosecutors and arguing in front of judges gives him an edge over other criminal defense attorneys in Kentucky, offering highly skilled strategies that put your interests first. 

Don’t face your drug charges alone. Contact McNally Law today to schedule a consultation to discuss your case and understand the options available to you.

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