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.

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