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Busted for Heroin in Northern Kentucky

Posted on January 11, 2017 in General Criminal Law Issues - Northern KY State Crimes in Northern Kentucky

If you were arrested for heroin or any other controlled substance in Kentucky, you are facing felony charges.  When facing felony charges, you should hire an experienced criminal defense attorney.  Simple possession is generally a class D felony with penalties ranging from 1 – 3 years.  That said, if it is a first offense you may be eligible for probation or diversion.

Diversion allows an individual to be placed on probation for a period of time (typically 2-3 years).  If the diversion is successful, the defendant can have the charges dismissed and ultimately expunged.  Diversion DOES require a guilty plea and admission to the charges. If the diversion/probation is not successful, the judge can enforce the felony and sentence the defendant to a period of incarceration.

The statute is codified in KRS 218A.1415 Possession of controlled substance in first degree

  1. A person is guilty of possession of a controlled substance in the first degree when he or she knowingly and unlawfully possesses:
    1. A controlled substance that is classified in Schedules I or II and is a narcotic drug;
    2. A controlled substance analogue;
    3. Methamphetamine;
    4. Lysergic acid diethylamide;
    5. Phencyclidine;
    6. Gamma hydroxybutyric acid (GHB), including its salts, isomers, salts of isomers, and analogues; or
    7. Flunitrazepam, including its salts, isomers, and salts of isomers.
  2. Possession of a controlled substance in the first degree is a Class D felony subject to the following provisions:
    1. The maximum term of incarceration shall be no greater than three (3) years, notwithstanding KRS Chapter 532;
    2. For a person’s first or second offense under this section, he or she may be subject to a period of:
      1. Deferred prosecution pursuant to KRS 218A.14151; or
      2. Presumptive probation;
  3. Deferred prosecution under paragraph (b) of this subsection shall be the preferred alternative for a first offense; and
  4. If a person does not enter a deferred prosecution program for his or her first or second offense, he or she shall be subject to a period of presumptive probation, unless a court determines the defendant is not eligible for presumptive probation as defined in KRS 218A.010.

If you have questions or need a consultation, please call the Bouldin Law Firm at 859-581-6453 or email at mike@bouldinlawfirm.com.  Call 581-MIKE today.