Were you recently arrested on drug paraphernalia charges in Lexington, KY? Don’t make the mistake of taking the charges lightly–the stakes are high. A Lexington drug paraphernalia attorney at Oakley & Oakley LLC can start building your strong legal defense today.
Our legal team has been fighting to help clients beat criminal charges for years. We know the legal system here in Kentucky and have a track record of successfully helping clients get their charges dropped or even dismissed.
Time is of the essence. Call our law offices in Lexington, Kentucky, today to schedule a free consultation.
How Oakley & Oakley LLC Can Help if You Were Arrested for Drug Paraphernalia in Lexington
Every person accused of a crime in Kentucky deserves the strongest legal defense possible. Police officers and prosecutors in Kentucky can be overzealous when it comes to prosecuting drug crimes. If you were found in possession of certain drug paraphernalia, you might be surprised at how quickly the situation can escalate.
You’ll need a seasoned Lexington criminal defense lawyer in your corner to protect your best interests. At Oakley & Oakley LLC, our attorneys in Lexington have more than 15 years of experience handling cases like yours. We know how state prosecutors think. More importantly, we know how to fight to have your charges dismissed or reduced.
When you hire our legal team, you’ll benefit from an attorney who will:
- Investigate the circumstances surrounding your arrest
- Identify any legitimate use for the alleged drug paraphernalia
- Analyze the situation to determine whether you were subject to an illegal search or seizure
- Determine whether your Miranda rights were respected
- Move to have all illegally obtained evidence and statements thrown out
Our Lexington criminal defense attorneys can also help you evaluate whether a plea bargain is fair under the circumstances–and we’ll negotiate to get the best deal possible in your case.
Don’t let a simple mistake leave you with a lasting criminal record. If you’re facing drug paraphernalia charges, call today for a free consultation.
Overview of Drug Paraphernalia Laws in Kentucky
Possession and distribution of illegal drugs are prohibited in Kentucky. That’s no surprise to people here in Lexington. However, you don’t always have to have a drug in your possession to be charged with a drug offense. You can also get into trouble for possession of certain items related to growing, packaging, or using drugs.
Kentucky law defines “drug paraphernalia” broadly. Kentucky Revised Statutes Section 218A.500 provides a long list of items that can be classified as drug paraphernalia.
In reality, it’s often up to local law enforcement officers to determine whether an item should be treated as drug paraphernalia in the eyes of the law. Often, police have bad judgment when it comes to deeming something paraphernalia. That means you might find yourself in legal trouble even if you have no intention of participating in drug-related activity.
At Oakley & Oakley LLC, we have over 15 years of experience fighting for clients accused of drug crimes in Lexington. We have the skills and resources to handle even the most complex drug crime charges. If you’ve been accused of a crime involving drug paraphernalia, don’t hesitate to call our experienced drug crimes defense lawyers for a free case review today.
What is Considered “Paraphernalia” Under Kentucky Law?
Kentucky state law lists a number of items that can be treated as paraphernalia–ranging from basic household items to growing kits and scientific equipment.
You might face criminal charges in Kentucky if you’re found in possession of:
- Kits used for growing marijuana or any plant from which a controlled dangerous substance (CDS) can be derived
- Kits used to manufacture, produce, or prepare a controlled substance
- Testing equipment used to analyze the strength or purity of a controlled substance
- Scales and balances
- Diluents and adulterants commonly used in cutting or diluting controlled substances
- Separation gins and sifters used to separate twigs and seeds from marijuana
- Blenders, bowls, spoons, and other items used in compounding controlled substances
- Balloons and capsules
- Pipes used for smoking
- Bongs and water pipes
- Needles and syringes
Possession of drug paraphernalia is typically a Class A misdemeanor in Kentucky. However, drug paraphernalia charges are usually combined with other drug charges.
You might face drug paraphernalia charges on top of other drug offenses, including intent to sell, drug possession, or drug trafficking charges. Possession of paraphernalia alone can increase the penalties you’ll otherwise face under Kentucky drug laws.
How Do Police Determine Whether the Items Are Drug Paraphernalia?
Most items listed in the Kentucky definition of drug paraphernalia can be obtained legally. Therefore, it’s up to police and prosecutors to evaluate the circumstances to determine whether they’re lawfully classified as drug paraphernalia.
This evaluation is often subjective and biased. However, there are a number of ways police can persuade a judge to believe you were using a certain product for growing, producing, or packaging drugs.
Some factors that the police might consider in making that determination include:
- Any drugs located in the general vicinity where the paraphernalia was found
- Whether residue from any drug or drug compound remains on the paraphernalia
- Anything you say about the item
- Whether you’ve been convicted on prior drug charges
- Any legitimate uses for the product
- Advertising or marketing materials about the product’s intended use
- Instructions that are included with the product about its use
- The manner in which the object is displayed for sale
- Whether the owner or anyone in control of the object is a legitimate supplier of the items, such as a licensed distributor or dealer of tobacco products
- Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise
- Expert witness testimony about how the item is typically used
Are you facing drug charges in Kentucky? Our skilled Lexington drug paraphernalia attorneys can help fight to minimize the consequences. Just give our law firm a call today to schedule a free case evaluation and learn more about how we’ll fight to get the best outcome in your case.
What are the Penalties for Drug Paraphernalia Possession in Lexington, Kentucky?
For a Class A misdemeanor, you can face penalties of up to one year in jail and a $500 fine.
However, drug paraphernalia charges are often tacked onto other criminal offenses. For a subsequent offense, you could be charged with a felony if you have prior drug convictions or are found with a large amount of a CDS.
A Class D felony charge carries up to five years in prison and a $10,000 fine.
If you’re convicted of a misdemeanor in Kentucky, you’ll have to wait at least five years to clear your record. A criminal conviction shows up on a routine background check. Potential employers, landlords, and even colleges and universities will be able to access information about your conviction.
However, judges do have discretion to impose a range of penalties. You could be required to complete community service, drug counseling, and other educational courses.
What Defenses Can Be Raised if I’m Accused of Possessing Drug Paraphernalia?
It might be tempting to accept the prosecutor’s plea bargain and avoid fighting your charges. This is a common mistake people make when faced with misdemeanor charges.
If you’re accused of possessing drug paraphernalia, a strong defense can help you avoid conviction, especially if you’re a first offender. Drug paraphernalia laws are enforced because prosecutors want to deter other types of drug crimes. However, there are a number of valid defenses that could work in your favor.
- Fourth Amendment Violations: Police lacked probable cause to search your home or vehicle where they located the paraphernalia and/or drugs
- Lack of Intent: You did not possess the objects with the intent to use them to manufacture or use a controlled dangerous substance
- Entrapment: You were coerced by law enforcement officers to accept the object in an undercover sting operation
- False Allegations: You weren’t actually in control of the items in question
- Racial Bias
These defenses are all designed to poke holes in the prosecution’s case. Even if you’re facing misdemeanor charges, Kentucky state prosecutors are required to prove every element of the offense beyond a reasonable doubt. Casting doubt on state evidence can be tricky, but our lawyers at Oakley & Oakley LLC are well prepared for the job.
We represent clients throughout the Lexington area. Call our law firm to schedule a free case evaluation today.
Schedule a Free Consultation With a Lexington Drug Paraphernalia Attorney Today
Our attorneys at Oakley & Oakley LLC have been helping residents of Lexington fight drug charges for years. If you were arrested or charged, call an experienced Lexington drug paraphernalia attorney to schedule a free initial consultation today. We’d be happy to evaluate your case and determine the best defense strategy based on your situation.