B.R. was charged and indicted with Trafficking Controlled Substance (Cocaine) and being a Persistent Felony Offender 1st Degree. His initial offer from the Commonwealth was twelve (12) years, with B.R. serving “10-flat” due to being a persistent felony offender.
After reviewing the evidence, Abe Mashni filed a motion to suppress all evidence seized in the cased based on an unconstitutional search. After cross-examining the police officers revealing inconsistent testimony and arguments from both sides, the Fayette Circuit Court suppressed all evidence related to the search. Upon this ruling, the Commonwealth filed a motion to dismiss all charges.
Our legal team at Baldani Law Group will challenge the government’s case at every turn. If you or a loved one have been charged with a drug crime, we will aggressively fight for your rights. Please give us a call now at (859) 259-0727 to begin your free and confidential consultation so we can get to work immediately.
KRS 218A.1412 – Trafficking Controlled Substance
Trafficking in a Controlled Substance, Cocaine is codified in KRS 218A.1412. It states in relevant portion:
- A person is guilty of trafficking in a controlled substance in the first degree when he or she knowingly and unlawfully traffics in
- Four (4) grams or more of cocaine
KRS 532.080 – Persistent Felony Offender
The persistent felony offender (PFO) statute is codified in KRS 532.080. A Persistent Felony Offender in the 1st degree is as follows:
- A persistent felony offender in the first degree is a person who is more than twenty-one (21) years of age and who stands convicted of a felony after having been convicted of two (2) or more felonies, or one (1) or more felony sex crimes against a minor as defined in KRS 17.500, and now stands convicted of any one (1) or more felonies. As used in this provision, a previous felony conviction is a conviction of a felony in this state or conviction of a crime in any other jurisdiction provided:
- That a sentence to a term of imprisonment of one (1) year or more or a sentence to death was imposed therefor; and
- That the offender was over the age of eighteen (18) years at the time the offense was committed, and
- That the offender:
- Completed service of the sentence imposed on any of the previous felony convictions within five (5) years prior to the date of the commission of the felony for which he now stands convicted; or
- Was on probation, parole, post-incarceration supervision, conditional discharge, conditional release, furlough, appeal bond, or any other form of legal release from any of the previous felony convictions at the time of commission of the felony for which he now stands convicted; or
- Was discharged from probation, parole, post-incarceration supervision, conditional discharge, conditional release, or any other form of legal release on any of the previous felony convictions within five (5) years prior to the date of commission of the felony for which he now stands convicted; or
- Was in custody from the previous felony conviction at the time of commission of the felony for which he now stands convicted; or
- Had escaped from custody while serving any of the previous felony convictions at the time of the commission of the felony for which he now stands convicted.
Practice area(s): Criminal Defense