I live in Paducah Ky. I was pulled over and they found less then a 1 gram in my pocket. They charged me with possession and para. This is my 2nd offence. I just got off pre-trial about 2 weeks ago.
Before you cave in, why not discuss your situation with an attorney?
If the search is legal and the evidence admissible, considering you are only two weeks from previous consideration, I would anticipate something more severe than just a fine.
To paraphrase Mr. Willis from a "Die Hard" movie, drugs are bad for you. They can cause you to do life in prison on the installment plan.
The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.
Am I to assume the "...less then(sic) 1 gram..." was marijuana?
If so, and if you are charged with 2 misdemeanors of Possession of Marijuana (under 1.0 gram) and Possession of Drug Paraphernalia, Second Offense (on the marijuana?) then:
KRS 218A.500 and 218A.510 apply to the paraphernalia: First Offense is a Class A misdemeanor - up to 365 days in jail and/or max. fine of $500.00, plus court costs of Approx. $135.00; Subsequent Offense is a Class D felony prior to the last amendment in HB 463 last year.
Possession of Marijuana is governed by KRS 218A.1422, and is a Class A misdemeanor also with the same penalties for first offense.Many drug offenses were altered by HB 463 last year and you need to discuss these amendments with your attorney.
You need a competent criminal defense attorney to represent you so you are protected. Assuming you just got off a pretrial diversion type program, this is a factor the prosecutor will take into account during the plea bargaining process. Get counsel ASAP.
I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..
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