Lexington Drug Manufacturing Lawyer
Have you been arrested on suspicion of producing or cultivating drugs in Lexington, Kentucky? It’s important to act quickly to try to prevent the prosecution from convicting you and putting you behind bars. You can start your legal battle by reaching out to me, Jay Oakley. I’m a knowledgeable Lexington drug manufacturing lawyer at Oakley & Oakley, LLC. Call my law office to set up a free consultation today.
How I Can Help You Fight Drug Manufacturing Charges
Getting arrested for manufacturing drugs is a scary experience. However, it becomes a lot easier to deal with when you have the right attorney at your side. I have nearly 20 years of experience representing clients in these incredibly serious types of legal matters. I care deeply about my clients and always work as hard as I can to help them secure the very best outcomes in their criminal cases. If you hire me to assist you with your drug crime case, I will:
- Conduct a thorough investigation into your arrest
- Fight to secure your release from police custody
- Guide you through the complexities of the Kentucky justice system
- Protect your rights as a citizen or resident of the United States
- Put together a customized defense strategy for your case
- Provide you with straightforward answers to your legal questions
- Consult with pharmaceutical experts about your case
- Negotiate a plea bargain agreement with the state’s attorney
- Advocate for you in court, if required
I am a skilled criminal defense attorney who is ready to help you battle against the accusations of the state’s prosecutor. Please reach out to me at your earliest convenience to set up a free consultation at my law office in Fayette County. Having handled many cases like yours in the past, I know what it takes to win.
Understanding Kentucky Drug Manufacturing Law
Like most states, Kentucky closely regulates the production and sale of controlled substances within its borders. As such, it is little surprise that the Bluegrass State has several statutes on its books that forbid people from manufacturing and cultivating drugs, such as:
Manufacturing Methamphetamine
Section 218A.1432 of the Kentucky Revised Statutes says that it is illegal for an individual to knowingly:
- Manufacture methamphetamine
- Possess at least two chemicals or items of equipment necessary for the manufacture of methamphetamine with the intent to use them for that purpose
The state of Kentucky classifies manufacturing methamphetamine as a Class B felony as a first offense. For all subsequent offenses, courts can upgrade it to a Class A felony.
Marijuana Cultivation
Section 218A.1423 of the Kentucky Revised Statutes says that it is illegal for an individual to knowingly plant, cultivate or harvest marijuana with the intent to sell or transfer it. The seriousness of this crime depends on the number of plants the offender possesses. The cultivation of five or more marijuana plants is a Class D felony for a first offense. For a subsequent offense, however, the state bumps it up to a Class C felony. The cultivation of fewer than five marijuana plants, on the other hand, is a Class A misdemeanor for a first offense. Subsequently, it becomes a Class D felony.
Have a Question?
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What is Probable Cause?
Probable cause is a legal term that is often misunderstood. Law enforcement must have probable cause to believe you committed a crime before they search or arrest someone.
Probable cause is a particular and reasonable belief that an individual is:
- committing a crime,
- has committed a crime or
- is about to commit a crime.
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How to Know if You Hired a Good or Bad Criminal Defense Attorney
If you are accused of a crime or you are under investigation for a crime, you have the right to legal counsel. It does not matter whether you face drug crime charges, DUI charges, or weapons charges. The United States Constitution guarantees you the right to consult with a criminal defense lawyer. Never give up or waive your right to counsel when facing criminal charges in Kentucky. Always exercise your right to consult with a lawyer before answering questions or giving the police a statement.
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What is a Criminal Defense Attorney and When do You Need One?
A criminal defense attorney represents individuals who are under investigation for criminal activity. They represent clients who might be witnesses in a criminal case. They also represent individuals charged with crimes.
If you or a family member has been arrested or is dealing with a criminal law matter, it is wise to consult a criminal defense lawyer as soon as possible.
Salvia Cultivation
Section 218A.1452 of the Kentucky Revised Statutes says that it is illegal for an individual to knowingly plant, cultivate or harvest salvia with the intent to sell or transfer it for human consumption. In the state of Kentucky, salvia cultivation is a Class A misdemeanor. Have you been accused of violating one of these state laws? If so, please reach out to me at Oakley & Oakley, LLC, today. I may be able to help you get your charge dismissed or reduced.
Understanding Federal Drug Manufacturing Law
Manufacturing or cultivating controlled substances isn’t just a crime in the state of Kentucky. It is also a federal crime. 21 USC § 841 explains that it is unlawful for an individual to knowingly or intentionally:
- Manufacture, distribute or dispense a controlled substance
- Create or distribute a counterfeit substance
The punishments for offenses of this nature depend on the type of drug involved and the quantity the offender manufactured. Over the years, I have helped clients with countless state and federal drug cases, achieving many favorable verdicts along the way. If you would like me to stand up for you, all you need to do is give my firm a call or contact me online at your earliest convenience.
Consequences Of Drug Manufacturing Convictions In Kentucky
When courts convict Lexington residents of crimes like drug possession or manufacturing, they typically face two kinds of consequences. They are:
- Criminal penalties
- Collateral consequences
These consequences can have a significant negative impact on an offender’s freedoms and prospects for the future.
Criminal Penalties For Drug Manufacturing Convictions
Drug manufacturing convictions tend to come with harsh criminal penalties. The specific nature of these punishments really depends on the seriousness of the offense:
- Class A felonies: Up to 50 years in prison and a fine of as much as $10,000
- Class B felonies: Up to 20 years in prison and a fine of as much as $10,000
- Class C felonies: Up to 10 years in prison and a fine of as much as $10,000
- Class D felonies: Up to five years in prison and a fine of as much as $10,000
- Class A misdemeanors: Up to one year in jail and a fine of as much as $500
The criminal punishments doled out for federal drug manufacturing crimes depends on the type and quantity of the controlled substance in question. Offenders can face the maximum possible sentence of 40 years in prison if they manufacture:
- 100 grams or more of heroin
- 500 grams or more of cocaine
- 10 grams or more of PCP
- 1 gram or more of LSD
- 100 kilograms or more of marijuana
- 5 grams or more of methamphetamine
As a general rule, federal penalties are much more severe than their state counterparts.
Collateral Consequences Of Drug Manufacturing Convictions
In addition to fines and prison time, people who engage in drug trafficking and manufacturing also receive criminal records. These records can cause them to experience a range of negative collateral consequences, such as:
- Immigration issues: The federal government frequently deports noncitizen felons after they serve out their prison sentences.
- Difficulty landing a job: Employers often reject job applications from people with felony records.
- Trouble finding housing: Most apartment communities in the city of Lexington prefer to avoid renting to criminals.
- Professional licensing issues: People with criminal records often have trouble obtaining the professional licenses they require to advance in their careers.
- Loss of gun ownership rights: The state of Kentucky has strict laws against convicted felons buying, carrying and owning guns.
- Loss of privacy: The family and friends of convicted criminals can easily look up their records online.
- Trouble obtaining student loans: It is all but impossible for people with felony records to secure student loans from the federal government.
Would you like me to help you fight to avoid the negative consequences of a drug manufacturing conviction? If so, please reach out to my firm today to set up a free consultation me. I have been handling cases like yours for years, so I know what it takes to win.