LOUISVILLE CRIMINAL DEFENSE ATTORNEY

Photo above links to a 25 minute cross examination of a then LMPD Detective in Narcotics.  Detective Huffman, honest as the day is long, answers all the questions necessary for anyone to make the intelligent decision of whether someone possesses drugs or is trafficking in drugs.  During questioning he is asked, "if Charlie Sheen is driving through Louisville and is stopped and 150 grams of cocaine is found in his vehicle, is he trafficking or is he possessing?"  Detective Huffman replies, "you know Brendan, it is often determined by one's lifestyle."  Watch the very interesting video and subscribe to our YouTube Channel. 

https://www.youtube.com/watch?v=17DYnIxQ9xQ

DRUG TRAFFICKING ATTORNEY in LOUISVILLE

Drug Lawyer near me

New If you are arrested in Louisville for drugs like heroin or cocaine, you are not alone. Drug Trafficking and drug offenses generally are rising because heroin, cocaine, methamphetamine and marijuana is so prevalent. Our drug trafficking attorney is best at drug interdiction and bond reduction and they are premiere criminal attorneys. When you are arrested and charged with Trafficking in a Drug/Narcotics Substance you will want a Drug Crime Attorney with you to handle the bond reduction in these early stages of criminal defense. Drug laws and certainly trafficking charges make it is easy to track how its criminalization has and continues to increase the punishment for drugs. Not only the distribution of drugs, but use of drugs. Even though many drug laws have made certain controlled substance penalties less punitive and even simple misdemeanor crimes, the laws, for the most part, are still dealing in sentences of multiple years classifying them as felony crimes. 

A huge problem plaguing attorneys and lawyers is the late entrance of harsher drug laws for those trafficking the drugs. In todays society, and Kentucky is a great example, communities have made trafficking laws and their punishment extreme to the point that drug users are becoming the target. I explain:

Attorney discusses crime, charges and cases dealing with heroin and methamphetamine and why users are the ones getting their heads knocked off. 

To the dismay of criminal defense attorneys, Kentucky legislation and the revamping of drug laws is knocking the heads off of users in Kentucky. Possessing more than 4 grams of cocaine, 2 grams of methamphetamine or heroin and you will be charged with trafficking in a controlled substance, a Class C, 5-10 year charge, or crime. Digging into cases and talking to clients leads any logical mind to believe this presumption with such a low amount of drugs is catching many users and the REAL dealers are out and about. 

Lawyer thinks, and knows, legislators really don't know what is going on regarding drugs. Criminal attorneys know that congressmen are operating on old information and that legislation introduced in possible bills are already outdated before passage. 

The problem is that humans today have much more disposable income than in the past. Couple that with the fact that Brendan McLeod is reporting that clients are consistenly telling him that Methamphetamine, Cocaine and Heroin are 20% of their cost on the street from 3 years ago means users have a lot more on their hands to use. Often, proposed legislation is brought to congress and is backed up by recovering users. Recovering from any of these "big 3" drugs, especially heroin, takes years to be stable. There seems to always be this type of sponsor and they are too far out of the "game". Congressmen really are not getting a look at what is happening right now.

Clients, for 2 years now, have been telling Brendan that drugs are 20% of what they costs 3 years ago. When they first started telling him this was two years ago. Brendan was a year late on information, but only because he never asked, so imagine how outdated congress's information would be. 

The trend as Brendan sees it, in his capacity of criminal defense lawyer, is that the amount of drugs on the typical user is what was viewed, presumptively, as trafficking 3, 4 and 5 years ago. It just isn't so. Where methamphetamine was 100$ for a gram 5 years ago, it is now $450-$500 for an ounce, or 28 grams. Congress is thinking back to the days of crack cocaine and others problems and the image of the user having to scrape up $20 anyway they can and then they are back to the dealers getting a $10 or $20 piece of drugs. Now, Brendan sees users with 1, 2, 5, 10, 20, or 50 grams of methamphetamine, heroin or cocaine and they are simply using the drug. Why is it in different bags? Because that is how the dealers has it and it is not divided in bigger quantities for quick pickup. They aren't Burger King. 

So uses have amounts, TODAY, that were not anywhere near the status quo 3 or so years ago. With drugs so pervasive and sweeping through more prevalent areas of Louisville, Oldham County and Kentucky generally, the user has more money and the dealers have better supply leading to less expensive drugs for more affluent users. With this being said, the image of the user is just not what is was not that long ago and these uses are being charged as dealers, sellers, or distributors. 

Don't just believe what I am saying, look at the trial on YouTube. McLeod YouTube Channel: KY Real Criminal Trials, shows Brendan's trial where his client has 12 grams of cocaine and the prosecution would not come off the charge of trafficking. The jury found trafficking and the client was probated with an extra 3 years. If convicted he was looking at up to 20 years, the first 10 being calendar years. This is what is termed 10 FLAT.** That is a Class C felony and PFO 1.  Click this link along the last few sentences to go to this trial.

WHAT IS TEN FLAT?

**Ten Flat Definition

For each PFO degree the penalties go up one level. So, a class D felony carries 1-5 years. If a defendant is PFO 2, then the client is punished like a Class C felony at 5-10 years. If PFO 1, a class D is punishable like a Class B Felony, or 10-20 years. Class B felonies are enhanced crazily where they ultimately carry, if so decided, 70 years. 

HOWEVER, PFO operates differently with a Class C felony. Because the Kentucky Statutes seemingly grow, not exponentially, but they certainly step up in punishment, they did not feel comfortable letting a Class C felony to jump up the punishment of a Class A felony, or up to 50 years. 

so, a Class C felony, PFO 2, jumps from a Class c punishment to a Class B punishment of 10-20 years. PFO 1 though, does not jump the cap at 20 years old, but instead operates on the lower end of the sentence. PFO 2 on a Class C felony carries 10-20 years. PFO 1 caps at 20 years, as well, but the first 10 years are calendar years!!! 10 FLAT Defined. PFO 1 on a Class C felony is the 10 FLAT revered by criminal defense lawyers and defendants through the years. 10 calendar years for a Class C Felony, or 8.5 to the board, really means you are going to serve a sentence out. Most are paroled at 8.5 years and it effectively serves anything less than a 16 year sentence out. operates differently. 

Back to the 12 gram trial. The Defendant was PFO 1 and was being tried for Trafficking. The jury came back with Possession, not trafficking, and were capped at 3 years, because the PFO Statute (persistent felony offense) does not operate against possession charges. We can say my client was nervous before and during trial. 

Because an individual is charged with trafficking the prosecutor, often, will approach it as a trafficking. They will possibly offer a the Class D trafficking and if not taken a Defendant may have the undesirable position of taking probation on something they didn't do, or going to trial. People are scared to death of trial. 

(written earlier and kind of redundant, but explains federal law interaction).  

Kentucky laws are much tougher on drugs than in the past. Already out of date, Kentucky added weight to distinguish two types of trafficking drug charges. Big/small trafficking or Class C and Class D trafficking. These two classification have their biggest impact on cocaine charges, heroin crime and methamphetamine cases. Narcotic medicine like Hydrocodone pills increase their punishment with an increase in quantity. 

Unlike Federal Court in the Western District of Kentucky, there are only two trafficking charges, unless a gun or some other problem exists. Unlike Kentucky, the Federal Courts weigh the drugs and come up with the purity in order to make a determination and affix the penalty. (168 grams of methamphetamine, 98% pure is 164.64 grams of pure methamphetamine. The federal guidelines step up by weight. Your federal guideline would equate to the 164.64 pounds). The laws are still harsh in Kentucky with Heroin carrying 5-10 years with a mandatory 50% serve. Also, trafficking is an enhanceable offense.

LOUISVILLE DRUG ATTORNEY

TRAFFICKING VERSUS POSSESSION

Which is it?

WHEN IS TRAFFICKING ENHANCED? 

A PRIOR MISDEMEANOR TRAFFICKING: bumps a felony trafficking from a Class D to a Class C, and a C to a B. Misdemeanor trafficking charges which enhance felony penalties are trafficking in marijuana, benzodiazepams and a few othrers. Strangely, selling benzodiazepams (xaxan, valium) carries the same penalty as simple possession. 

An older trafficking bumps a new charge up one penalty level for 10 years. Everyone should be vigilant of this. 

Federal Court still has a three strikes your out/life charge!

Read and know the law. Know your rights! Don't consent to search and be unequivocal that no one can search you or your property. 

Legislative flubs and catching the user in the trafficking or distribution net. Kentucky Congress gets it wrong.   

New There is a subsection that addresses marijuana, and its issues, further on in this website. Oddly, punishments and the flux of the law concerning drugs make apparent that the legislature is trying to punish people out of their addiction. This has not worked in the past, it is not working presently and it will never work in the future, either. 

IS IT DRUG POSSESSION OR DRUG TRAFFICKING?   

Drug Possession

versus

Drug Trafficking 

1. Weight - Amount of drug.

2. Scales - present or not. 

3. Money Seized - what is a lot. 

4. Baggies - individual baggies. 

5. Adulterants or Cut - existence of cut.

6. Pipes, rolling papers, "chicken bones."

7. Lifestyle - car, home, clothing.

8. Gun, firearm, handgun.

Explaining the answer in plain english.

Possession v. Trafficking

In Lexington, Kentucky a person is charged with Trafficking in Marijuana , Possession of Cocaine, Heroin Distribution, Methamphetamine with Intent to Distribute or Possession of cocaine, heroin or marijuana based upon the officer's speculation. The arresting Lexington Police Officer and his street level drug crime discretion determines what the actual count, or charge will be. 

If a gentleman has 4 grams of cocaine packaged for sale, a drug/narcotic pipe and $50, is it drug possession or drug trafficking?

Any police officer could easily find that the example is drug possession and point to attributes that the person is a bass head, or drug or narcotic possessor for personal use. 

Take the prior scenario and add drug scales.

(To weigh the drug. a police officer Drug Trafficking v. Drug Possession in Kentucky? 

The existence or presence of drug scales cuts both ways. Drug traffickers, Police argue, use the drug scales to insure they surrender an accurate drug amount upon delivery. 

Take it to the logical ending for the drug possession versus drug trafficking conclusion. 

500 grams of Cocaine, $2500, lots of unused baggies to package drugs, including marijuana for sale, large pile of drug adulterant (cut) to extend the amount of drugs they can sell and a handgun. The theory is that handguns or firearms, generally around the drug trade are to protect the illicit drug trade money and the drug trafficking participants. 

Trafficking is the answer. 

With the label of distributor comes much higher penalties and often seizure of assets. If you are a middle class businessman and are caught with 15 grams of cocaine then there is a good chance you will be charged with trafficking. Instead of being cited for possession, they probably will be arrested and their vehicle, money and other things of value will be seized and held pending the ultimate disposition of the case. 

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INFORMATION AND OPINION ON NARCOTICS

Brendan McLeod, Louisville Criminal Defense Attorney, take on Effects of Narcotic Drugs?  (ORIGINAL CONTENT)

Different narcotic medications are prescribed in the US by the physicians to their patients to treat certain chronic and acute painful disorders. These doctors have come under fire, as of late, because of the carelessness with which they prescribe drugs that can lead to abuse and overdose deaths. These physicians have been hired aggressive criminal defense attorneys, like Brendan McLeod, to defend them in Federal and State prosecutions. These drugs are also used by people to alleviate the pain as they are considered to be quite effective in this regard. However, the use of narcotic drugs come with their share of risks. Often the risks are those taken over by criminal defense attorneys as normally lawful people start and then increase their illegal acts. 

In this article, we have shed light on the effects of narcotic drugs. Before that, let’s have a look at what narcotics are:

Narcotics – Definition

Narcotics are commonly known as painkillers. These drugs belong to the opiate family, like heroin, methadone, and suboxone. The human nervous system has pain receptors and narcotics bind themselves to these receptors. Consequently, pain signals in our body are blocked. Thus, the person, who uses narcotic drugs, does not feel pain.

This is the reason why narcotic drugs are prescribed by the physicians to provide temporary relief to patients from the pain, which has become unresponsive to other pain relieving methods. However, an overdose of narcotics can lead to a fatal condition of the consumer. The overdose is most probably caused by narcotics addiction. Those people who regularly use narcotic drugs, develop its tolerance over the period of time. Thus, the user consumes more quantity of this drug.

When a person becomes a narcotic addict, they may show the following signs:

Breathing of a narcotics addict may become shallow and eventually slow down. Furthermore, they also have clammy skin and fall into coma. The possibility of death due to narcotic drugs overdose can also not be overruled. 

Here are some of the effects of narcotic drugs:

With the use of narcotic drugs, the consumer experiences a euphoric feeling. This feeling is often followed by vomiting and drowsiness. Some narcotic drugs users may also experience itching and watery eyes.

In case a pregnant woman becomes addict to narcotics drug, they may face different problems during childbirth. There are chances of premature delivery. Moreover, there is also a possibility of a stillborn baby. 

Apart from these above-mentioned effects, there are numerous side-effects of narcotics, even if patients are using them for healing purposes. Here are some of them:

 • Headache: A narcotic drugs consumer may feel a headache. Furthermore, their body may also start showing signs of weakness. However, this weakness and headache typically last for few days.

 • Constipation: Another common side effect of taking narcotic medications is constipation. Since the gastrointestinal tract of the user slows down, it builds up the chances of suffering from constipation.

 • Lightheaded: Some narcotic medication users also feel lightheaded after using this drug. Furthermore, they may also feel dizziness and drowsiness.

There are different types of narcotics; some legal and some illegal to possess and use. The reason certain narcotic drugs are considered illegal is because of its side effects and the probability of making users narcotic drugs addict. 

Those people who are unlawfully keeping narcotic drugs with them, when convicted, they should immediately contact a narcotic possession attorney in their city. The narcotic possession attorney will help them with the further proceedings.