What To Do If Charged with Possession of Controlled Substance

by on March 14, 2011

In Kentucky, a possession of a controlled substance can be a number of different charges, ranging from misdemeanor to felonies. Typically if it is a misdemeanor, it is charged as Possession of Marijuana (POM) or the lesser charge of possession of Controlled Substance (PCS), 2nd Degree. The normal charge of PCS, 1st Degree is for the possession of heroin, cocaine, crack, methamphetamin, and any other narcotic drug. Misdemeanors are typically reserved for non-narcotics.

There are many programs which are utilized to treat the person charged with PCS. For first time offenders, the primary goal is generally to assure treatment and rehabilitation of the offender. There is often a push to keep the offender out of the criminal system, which is also the goal of a good criminal defense attorney.

Defenses may include an improper search and seizure, as well as challenges to the identity of the specific substance or the location of the illegal substance. More often, the defense rests with how to most effectively handle the defendant to assure there are no future problems as well as keeping the defendant out of the system, thereby saving time and money to the state. Also, some counties may reduce the initial charges if only a trace amount of the illegal substance was found on the defendant. The state must be able to test the substance to confirm its identity for trial.

A careful consideration should be weighed if the defendant is given the opportunity to plead guilty and be placed on Felony Diversion. This is a very good alternative for some defendants, however if the defendant fails, the actual jail time may be considerably longer than if negotiated at the initial plea. Also, felony diversion may have a lasting impact on some areas for future employment and the defendant should consider the restrictions during the term of diversion.

If you have been charged with Possession of a Controlled Substance, you should contact an attorney in your area. In Northern Kentucky, contact Michael Bouldin at 859-581-6453 or mike@bouldinlawfirm.com for a consultation.

{ 10 comments… read them below or add one }

Jesse Shoemaker December 29, 2012 at 12:59 am

I was charged with possession of a controlled substance less that half an Oxycontin 80 I heard this is no longer a felony in the state of KY made a dumb mistake my only felony and has cost me a few jobs wondering if any truth to this any answers would be greatly appreciated.

mbouldin January 2, 2013 at 6:33 pm

It is still a felony, however it is a “mini-D” and if first offense you should be eligible for deferred prosecution. Call my office to schedule a consultation. Deferred prosecution is a very good option as you can likely have the charge dismissed after 2-3 years.

jennifer April 28, 2013 at 7:55 pm

my boyfriend got a pcs in 2011 andgot the max on a few charges just to be able to go to rehab. but now we are hearing that the max is 3 yrs and they gave him 5. if this is correct wouldnt that be misrepresentation from his attorney. and is this law correct?

mbouldin April 29, 2013 at 9:55 am

The law changed effective June 8, 2011. If he pled guilty prior to June, 2011, then it was a 1-5 year sentence. There was a question if he was charged prior but pled later. To that end, most judges are giving 3 years or less on a probation violation even if the plea was under the old statute.

derrick boggs June 12, 2013 at 8:22 pm

I have been charged with first degree possession of heroin in a drug raid…but I had nothing illegal on me nor were there ANY drugs found on me or in my belongings…supposedly I admitted that I had used heroin sometime before the raid..but there were no drug tests done..so pretty much the only evidence against me is the arresting officer saying that I admitted to him I had used heroin some odd days ago…what would you say the percentage is of a jury finding me guilty of this charge..just wondering…thanks

mbouldin June 16, 2013 at 10:24 am

Hard to give percentages. When evaluating case you need to consider totality of the circumstances. Who else was charged? How much dope was found? Who owns the property? Who lives there? What room(s) were drugs found in? Your attorney should discuss pros and cons of going to trial and chances of acquittal.

TinkTinkJO June 28, 2013 at 1:54 am

I have been charged with first degree possession of heroin / paraphernalia , first felony charge ever, I let my friend drive my car which is in my parents name so they are the co-owner, when got pulled over they searched him and he had heroin on him in his jean pockets and then stuck the needle in the driver side of the door beside him, so like derrick boggs nothing was in my belongings or on me at ALL!! And I did admit to the officer I had used earlier that morning which got pulled over that afternoon around 6pm, and the only thing against me is me admitting to using earlier that morning, I don’t know the amount they found on him and my attorney hasn’t discussed anything at all really with me besides she wants to get deferred prosecution, I never been in trouble and honestly I haven;t asked much questions because I don’t know what to ask, and I told her that when both of us was in the cop cruiser if possible go look at the video because I asked him why he had that on him and where he got it and why he put the needle in the door ?? I had no knowledge of anything !!, what should i be asking? my court date is in 3weeks…..

mbouldin July 2, 2013 at 11:23 am

You need to hire a criminal defense attorney as soon as possible. You may have options regarding diversion or deferred prosecution, or you may proceed to trial. Under a diversion or deferred prosecution you will report to a probation officer and be required to maintain sobriety (drugs and alcohol) for a period of time. Call my office to schedule a consultation!

KayC July 23, 2014 at 3:28 pm

Hi I was in my friends car with him driving and his cousin in the front seat and I was in the back passenger side. We were pulled over for speeding and the officers searched the vehicle. The driver admitted to having weed and pain pills in his pocket and the officers found heroin under the front seat and a straw in the front seat. I was charged as well as the passenger after the officers looked at all of us and our eyes and could not find any signs of any of us using the drug. I did not know the drug was in the car but I was informed that they will not do a fingerprinting of the bag it was found in. What can I do? I am realizing that I will not get out of this (even though the driver did not get arrested and was caught with drugs in his pockets) but what kind of plea can I use to not have this affect my future…. I am trying to get back in to school to finish my nursing career!

Michael Bouldin July 24, 2014 at 4:34 pm

HIRE AN ATTORNEY. First, you have a very good defense to the case and you may want to take the case to trial. A good attorney may also find alternatives which do not include a trial but would allow you to get this put behind you. You may be eligible for diversion or deferred prosecution, both of which could allow you to have the case ultimately dismissed. Call my office to schedule a consultation.

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