In the United States, drug-related criminal charges come with some of the highest penalties that can be handed down for a conviction. The state of Kentucky is no exception to that rule, especially if you’re facing a felony drug charge. Any felony conviction can bring serious and lifelong consequences, but felony drug convictions are particularly harsh for what are almost always non-violent crimes.
Being convicted of minor felony drug charges in Kentucky, even for the first time, can lead to a prison sentence of anywhere from one to ten years. Repeat offenses and more serious charges can result in a sentence of 50 years or even life in prison. Being charged with a felony drug offense is obviously nothing to be taken lightly.
Being charged with a felony drug crime is most certainly scary, but it’s not the end of the world. Things may look bad and it’s hard not to feel confused and overwhelmed at first, but it is often possible to mount a successful defense against this type of felony charge. There are several different ways to avoid big fines, time in jail, and even get charges dropped. Which leads us to the million-dollar question…
How Do You Beat A Felony Drug Charge?
If you find yourself arrested on a felony drug charge in Lexington, or anywhere else in the state of Kentucky, the first thing you should do is contact a qualified criminal defense lawyer experienced with drug crime charges. The more time your defense attorney has to investigate your charges and plan your defense, the more likely you are to see good results in your case.
Depending on the exact crime you’re being accused of, the charges you are facing, and the evidence that has been collected against you, your lawyer may use one or more of several different tactics to try to minimize any possible sentence, reduce your charges, or even have the charges dismissed completely.
Unlawful Search And Seizure
The Fourth Amendment to the Constitution of the United States protects all citizens from unreasonable search and seizure by any law enforcement organization or officer. Any evidence that is collected as a result of an illegal search is not admissible against a defendant in court.
In short, that means that if you are being charged with a felony drug offense that relies on evidence collected illegally, those charges will be dropped if the evidence can not be used.
Violation Of Miranda Rights
If someone is arrested and makes any statements to the police before they are advised of their right to remain silent (Mirandized), those statements may not be used against them in court.
Again, it is a federal law stemming from the US Constitution which grants this right to all citizens. The Fifth Amendment has been interpreted to mean that any arrested individual must be informed that he or she has the right to remain silent during questioning so as not to incriminate themselves. Any statements made before someone is advised of this right are inadmissible as evidence during prosecution.
Entrapment is an abuse of police power. It is defined as when a person is pressured or influenced by a law enforcement officer to commit a crime that they would not have otherwise committed without that influence. If entrapment can be proved, charges will likely be dismissed.
Entrapment may also be a valid defense if the person being charged was influenced or coerced by someone working for the police, such as an informant.
Plea Bargain Compromise
Depending on the circumstances, it may be possible to negotiate a plea bargain with the prosecutor. In this case, you would generally plead guilty to a lesser charge (or fewer charges if you are facing more than one) in exchange for receiving a lighter sentence. It may be possible, for example, to have a felony drug charge reduced to a misdemeanor as part of a plea agreement, which would, in turn, reduce the possible sentence significantly.
Are You Facing Felony Drug Charges In Kentucky?
There are other defense tactics that may prove successful as well. A lot depends on the charges against you and the circumstances of your particular case. As was mentioned above, the best thing you can do for yourself in this situation is to contact an experienced drug crime criminal defense lawyer as soon as possible.
The Baldani Law Group has over 100 years of combined criminal defense experience. Our team of criminal defense attorneys has been helping clients in Lexington and throughout Kentucky defend themselves against felony drug charges for more than 30 years.
Contact us today to go over your case and discuss exactly what our criminal defense team can do to help you. Your initial consultation is free and confidential. You can contact us online anytime or call (859) 259-0727 to schedule an appointment.