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 Already out of date, Kentucky added weight to distinguish two types of trafficking drug charges.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.