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Tag: #PCS

Felony Drug Possession

Posted on June 8, 2017 in General Criminal Law Issues - Northern KY State Crimes in Northern Kentucky

In Kentucky, possession of narcotics is almost always a felony charge.  Most people arrested are charged with PCS, Possession of Controlled Substance, first offense.  This is codified as KRS 218A.1415. If you have been charged, you shoudl hire an attorney.  For consultation, call 581-MIKE; 859-581-6453.

Under PCS statute in Kentucky states:

  • (1) A person is guilty of possession of a controlled substance in the first degree when he or she knowingly and unlawfully possesses:
    • (a) A controlled substance that is classified in Schedules I or II and is a narcotic drug;
    • (b) A controlled substance analogue;
    • (c) Methamphetamine;
    • (d) Lysergic acid diethylamide;
    • (e) Phencyclidine;
    • (f) Gamma hydroxybutyric acid (GHB), including its salts, isomers, salts of isomers, and analogues; or
    • (g) 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:
    • (a) The maximum term of incarceration shall be no greater than three (3) years, notwithstanding KRS Chapter 532;
    • (b) 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;
    • (c) Deferred prosecution under paragraph (b) of this subsection shall be the preferred alternative for a first offense; and
    • (d) 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 been charged with or arrested for Possession of a Controlled Substance, you are facing serious felony charges and need an experienced attorney.  For consultation in Northern Kentucky, call Michael Bouldin at 859-581-6453 or email mike@bouldinlawfirm.com.

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.

What is KRS 218A?

Posted on March 23, 2014 in General Criminal Law Issues - Northern KY State Crimes in Northern Kentucky

The Controlled Substance Act is codified in Kentucky Revised Statutes at KRS 218A.  This act became effective June 8, 2011 and superseded the Uniform Narcotic Drug Act which was in KRS 218.   This Controlled Substance Act spells out all scheduled drugs, prescriptions and classifies all substances.

If a drug is classified, various drugs are only available by prescription, and subject to the KASPER reporting.  The Act also identifies criminal penalties for possession and trafficking of various drugs.  Nearly all possession cases and trafficking cases which are handled in state court is charged through KRS 218A et. al.

The controlled substance act can be very confusing due to all of the various elements therein.  Included are also forfeiture provisions, penalties for transactions with children, illegal distribution and marijuana.

If you have been charged with criminal violations of KRS218A, you should hire an experienced criminal defense attorney as early in the process as possible.  In Northern Kentucky, contact Michael Bouldin for consultation at mwbouldin2@gmail.com or call 859-581-6453 (581-MIKE).

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What To Do If Loved One is Addicted to Drugs?

Posted on January 23, 2014 in General Criminal Law Issues - Northern KY

The first thing to do if a loved one is addicted to drugs is to try to get them help. Don’t give up!  Statistics tell us that it takes, on average, 3 attempts to treat addiction before it actually works.  Under Casey’s Law, you can have a loved one/family member brought before the court for involuntary treatment of drug abuse.  I have written a prior blog on this issue and you can gain additional information at caseyslaw.blogspot.com.

Criminal charges are a primary way that many family members become aware of drug use and abuse.  Drug addicts are very persuasive and often convince their family members that: (1) they don’t have a problem; (2) that they know best how to stop using; (3) that they are recovered; (4) that they don’t have a problem, only recreational use, or able to stop at any time; (5) cannot survive in treatment/jail; or (6) posting bond will help them to recover. This week I had a client overdose and die while out of jail. (see prior blogpost)

Often the best thing you can do for your loved ones is to leave them in jail until they can get into treatment.  Detox is difficult regardless of where it occurs, and jail is no better or worse than a comfortable bed.  In my opinion a good attorney will help the client to lessen the charges and minimize the jail time.  A great attorney will encourage the client and family to treat the underlying concern and break the addiction to drugs.

If you or a loved one is addicted to drugs, seek all help available.  For legal help or consultation in Northern Kentucky, call Michael Bouldin at 859-581-6453 or email at mike@bouldinlawfirm.com . 

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