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Brendan McLeod
McLeod Law

Oldham County Drug Crime Lawyer

Talented trial attorney with 17 years experience with Marajuana Case, Trafficking Marijuana Charge, Selling Marijuana Crime, Cocaine Possession, Trafficking Cocaine, Heroin Possession, Trafficking Heroin, Methamphetamine Possession, Trafficking Methamphetamine, Drug/Narcotic Possession, Cocaine Crime, Heroin Crime, Methamphetamine Crime, Enhanced Drug Crime and others....

Oldham County Drug Crime Attorney

In 17 years of practicing criminal defense law in Oldham County, Kentucky.  it is easy to spot out the trends on increasing punishment.  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  Already out of date, Kentucky added weight to distinguish two types of trafficking drug charges.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.  The laws are still harsh in Kentucky with Heroin carrying 5-10 years with a mandatory 50% serve.  Also, trafficking is an enhanceable offense.  
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.   

Oldham County Marijuana Lawyer

Best Drug Lawyer in Oldham County and Louisvlle.

Trafficking Charge Attorney: 
The law and its penalties for possession and trafficking.  

Drug Penalties:  Drug Crimes Lawyer regarding mandatory sentences.  

Drug penalties for marijuana, drugs, narcotics, cocaine, heroin, benzo's and hydrocodone pills.  This applies to all possession crimes and possession charges. 
KRS 218A.1401 Selling controlled substances other than synthetic drugs or salvia to minor 

Penalties (1) A person is guilty of selling controlled substances to a minor when he or she, being eighteen (18) years of age or older, knowingly and unlawfully sells or transfers any quantity of a controlled substance other than synthetic drugs, or salvia to any person under eighteen (18) years of age. (2) Selling controlled substances to a minor is a Class C felony for a first offense, and a Class B felony for each subsequent offense, unless a more severe penalty for trafficking in controlled substances is applicable, in which case the higher penalty shall apply.

The acts made illegal by drug statutes.  This statute creates descriptions of actions made illegal in drug crimes, possession of drug charges, and trafficking in drugs or narcotics cases.   This applies to all drug cases from marijuana to cocaine, or pills. 

Money Laundering in too plain of english.  Structuring in Federal Court. 

KRS 218A.1405 Use and investment of drug-related income – Penalties (1) It shall be unlawful for any person who has knowingly received any income derived directly or indirectly from trafficking in a controlled substance to use or invest any part of that income, or any proceeds thereof, to acquire any property, or to establish or operate any commercial enterprise. (a) As used in this section, "property" includes real and personal property, whether tangible or intangible. (b) As used in this section, "commercial enterprise" means any proprietorship, partnership, corporation, association or other legal entity, including any individual or group not a legal entity, which is engaged in any business or commercial activity or whose activities affect business or commerce. (2) Any person who violates this section shall be guilty of a Class D felony and, in addition to other penalties prescribed by law, shall forfeit any property constituting or derived from illicit activity.  

Penalties for Trafficking in controlled substance in first degree KRS 218A.1412 
Penalties in weighted drug trafficking and individual pill counts determining if you are charged as a Class C or the lessor trafficking charge Class D.  

First degree trafficking a person is guilty of trafficking in a controlled substance in the first degree when he or she knowingly and unlawfully traffics in: (a) Four (4) grams or more of cocaine; (b) Two (2) grams or more of heroin or methamphetamine; (c) Ten (10) or more dosage units of a controlled substance that is classified in Schedules I or II and is a narcotic drug or a controlled substance analogue; (d) Any quantity of lysergic acid diethylamide; phencyclidine; gamma hydroxybutyric acid (GHB), including its salts, isomers, salts of isomers and analogues; or flunitrazepam, including its salts, isomers, and salts of isomers; or (e) Any quantity of a controlled substance specified in paragraph (a), (b), or (c) of this subsection in an amount less than the amounts specified in those paragraphs. (2) The amounts specified in subsection (1) of this section may occur in a single transaction or may occur in a series of transactions over a period of time not to exceed ninety (90) days that cumulatively result in the quantities specified in this section. (3) (a) Except as provided in paragraph (b) of this subsection, any person who violates the provisions of this section shall be guilty of a Class C felony for the first offense and a Class B felony for a second or subsequent offense. (b) Any person who violates the provisions of subsection (1)(e) of this section shall be guilty of a Class D felony for the first offense and a Class C felony for a second offense or subsequent offense.

Penalties for Trafficking in controlled substance in second degree KRS 218A.1413

Second degree trafficking a person is guilty of trafficking in a controlled substance in the second degree when: (a) He or she knowingly and unlawfully traffics in: 1. Ten (10) or more dosage units of a controlled substance classified in Schedules I and II that is not a narcotic drug; or specified in KRS 218A.1412, and which is not a synthetic drug, salvia, or marijuana; or 2. Twenty (20) or more dosage units of a controlled substance classified in Schedule III; (b) He or she knowingly and unlawfully prescribes, distributes, supplies, or sells an anabolic steroid for: 1. Enhancing human performance in an exercise, sport, or game; or 2. Hormonal manipulation intended to increase muscle mass, strength, or weight in the human species without a medical necessity; or (c) He or she knowingly and unlawfully traffics in any quantity of a controlled substance specified in paragraph (a) of this subsection in an amount less than the amounts specified in that paragraph. (2) (a) Except as provided in paragraph (b) of this subsection, any person who violates the provisions of subsection (1) of this section shall be guilty of a Class D felony for the first offense and a Class C felony for a second or subsequent offense. (b) Any person who violates the provisions of subsection (1)(c) of this section shall be guilty of: SECTION 6: DRUGS 6.2.12 1. A Class D felony for the first offense, except that KRS Chapter 532 to the contrary notwithstanding, the maximum sentence to be imposed shall be no greater than three (3) years; and 2. A Class D felony for a second offense or subsequent offense.Acts that Enhance the penalties of Trafficking

Penalties for Trafficking in controlled substance in third degree KRS 218A.1414 

Third degree trafficking a person is guilty of trafficking in a controlled substance in the third degree when he or she knowingly and unlawfully traffics in: (a) Twenty (20) or more dosage units of a controlled substance classified in Schedules IV or V; or (b) Any quantity of a controlled substance specified in paragraph (a) of this subsection in an amount less than the amount specified in that paragraph. (2) (a) Any person who violates the provisions of subsection (1)(a) of this section shall be guilty of a Class A misdemeanor for the first offense and a Class D felony for a second or subsequent offense. (b) Any person who violates the provisions of subsection (1)(b) of this section shall be guilty of: 1. A Class A misdemeanor for the first offense, subject to the imposition of presumptive probation; and 2. A Class D felony for a second or subsequent offense, except that KRS Chapter 532 to the contrary notwithstanding, the maximum sentence to be imposed shall be no greater than three (3) years.

Trafficking in controlled substance in or near school.  KRS 218A.1411 
The always present enhancements!  

Exception for misdemeanor salvia offenses - Penalty (1) Any person who unlawfully traffics in a controlled substance classified in Schedules I, II, III, IV or V, or a controlled substance analogue in any building used primarily for classroom instruction in a school or on any premises located within one thousand (1,000) feet of any school building used primarily for classroom instruction shall be guilty of a Class D felony, unless a more severe penalty is set forth in this chapter, in which case the higher penalty shall apply. The measurement shall be taken in a straight line from the nearest wall of the school to the place of violation. (2) The provisions of



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