Georgetown Drug Trafficking Defense Attorney
According to Kentucky Revised Statute, 218A.010, to “Traffic” means, “…except as provided in KRS 218A.1431… to manufacture, distribute, dispense, sell, transfer, or possess with intent to manufacture, distribute, dispense.”
In other words, you do not necessarily have to be caught in the act of selling illegal drugs to be charged with drug trafficking. Often, drug trafficking cases involve the search of a person, automobile, and/or a house. Any time a search occurs, an individual’s Fourth Amendment rights attach. Law enforcement must strictly comply with procedure to ensure that your Fourth Amendment rights are not violated during their investigation. It is critically important that you have a competent attorney who understands these potential Fourth Amendment issues. Our attorneys have had numerous felony-level drug trafficking cases dismissed as a result of successfully identifying and arguing for the suppression of incriminating evidence due to Fourth Amendment violations.
If you were arrested or think that you might be under investigation for drug trafficking, you should contact an experienced Kentucky drug trafficking attorney right away. At Stotts Law, our Kentucky drug trafficking lawyers have represented clients in complex drug trafficking cases, both in state and federal courts, and we are prepared to represent you.
How a Kentucky Drug Trafficking Lawyer Can Help You
Arguably, drug trafficking is the most serious drug-related offense an individual can be charged with. The consequences of a conviction are substantial (potentially decades in prison). If you are facing these charges or think you soon will be, you need an aggressive defense focused on: (1) Identifying any potential Fourth Amendment violations for the suppression of otherwise incriminating evidence; (2) Preparing the best defense to your case based on evidentiary issues; and/or (3) Obtaining the minimum possible penalties in your case through effective plea bargaining with the prosecutor.
If you are suspected of being involved with drug trafficking, it’s crucial that you are represented by a highly experienced drug crimes defense attorney as soon as possible. Our Kentucky attorneys work hard to protect your rights at every step in your case by doing the following and more:
- Ensure law enforcement officers don’t violate your rights against unlawful search and seizure during their investigation
- Be present with you during police interviews to protect you from answering any questions that may implicate you in the alleged crime
- Explain your options to plead not guilty or guilty and the implications of each
- Represent you in all criminal court proceedings, including trial if necessary
- Effective plea bargain, if necessary, to get you the best outcome possible
- Raise all viable legal defenses in your case
Is Drug Trafficking a Federal Crime?
Yes, it is a crime under both Kentucky and federal law. Under federal law, pursuant to 21 U.S.C. § 841, it’s a crime for anyone to “knowingly or intentionally: (1)manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance; or (2) to create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance.”
Under this strict federal statute, someone who is in possession of more than a certain amount of an illegal drug or controlled substance, even if the substance wasn’t sold or distributed for commercial purposes, can face drug trafficking charges. For example, if you are arrested for possessing one kilogram or more of “a mixture or substance containing a detectable amount of heroin,” or 1,000 kilograms or more of “a mixture or substance containing a detectable amount of marijuana,” you might face drug trafficking charges, even if you didn’t sell or transport the drugs in question yourself. These charges are also known as possession with the intent to distribute or dispense.
Defenses Against Federal Drug Trafficking Charges
Defending a case in federal court is similar to defending a case in a Kentucky state court. However, with the increasing U.S. drug epidemic, the federal government often overzealously prosecutes drug trafficking cases. The penalties for in federal court are generally significantly harsher than the penalties in a Kentucky state court. It is the obligation of your Kentucky lawyer to fight for fairness and justice, which isn’t always provided for by the federal government. In federal drug trafficking cases, it’s the federal prosecutor’s job to prove beyond a reasonable doubt that the individual charged with the crime actually committed the crime.
You should know that even if your case seems hopeless and points toward a conviction, there are specific elements of the crime that the prosecution must prove beyond a reasonable doubt at trial to prove that you committed the crime, including that:
- You knowingly possessed the controlled substance
- You were instrumental in the sale, transport, or import of the controlled substance, or you had the intent to sell or deliver the substance
Facing Charges? Under Investigation? Contact an Experienced Georgetown Drug Trafficking Lawyer Immediately
When you hire Stotts Law to represent your criminal case, we will hold the federal government accountable. We examine every defense possible to bring you the best outcome we can, no matter the severity of the charges you face.
Schedule a consultation with one of our experienced Kentucky drug trafficking attorneys today.