Marijuana Charges? You Need Elizabethtown Criminal Lawyers - Musselwhite Meinhart Staples & Hafley

If you have marijuana charges against you, Elizabethtown criminal lawyers can help. In fact, you urgently need this assistance. Let’s look at the reasons why you should not face your charges alone.

In the US, most states now have medical marijuana laws, and some even allow recreational cannabis. But in Kentucky, the Federal stance that Cannabis should be regarded as a schedule 1 substance, making it equal to drugs such as heroin, has been maintained in legislation.

The only exception is the use of hemp-derived, non-psychoactive cannabidiol (CBD), and even in this instance, an approval process must be followed.

In Kentucky, Marijuana Possession Remains a Serious Offense

Although many Americans today may see possession of marijuana as being a minor matter, the law still regards it as being extremely serious, and medical use is not seen as an excuse for contravening the law. In addition, if you should happen to have Cannabis plants on your property, whether you knew what they were or not, you will be seen as trafficker if there are five or more plants, making your predicament even worse.

Just how bad can it be? You could be facing anything from one to ten years in jail, depending on how much marijuana was found in your possession. That’s pretty scary stuff, and society’s relatively permissive attitude towards marijuana use nowadays makes many people think they aren’t in much trouble if caught with marijuana. Don’t be fooled. This can be very serious indeed!

How Would Elizabethtown Criminal Lawyers Fight Your Case?

Naturally, each case is handled in accordance with the unique circumstances surrounding it, but broadly speaking, we would either attempt to prove your innocence (supposing that you are innocent) or do everything in our power to ensure that you receive the minimum penalty applicable in your case.

To do this, we need you to be absolutely honest with us. Do you, or do you not use marijuana? Were you aware that it was on your property or in your possession? Do you have a previous record? If this is your first offense, for example, we could work towards a probation finding, which could not only keep you out of jail, but save you from paying a hefty fine.

If you have a history of being arrested for marijuana offenses, your situation is more serious. Options include highlighting the need for rehabilitation instead of incarceration, or as an option to replace part of a jail sentence.

What’s in Your Favour?

One of the primary arguments in your favor is that you are not a violent offender. As such, you do not present a serious danger to society (unless you were also trafficking). In addition, the stance that cannabis is addictive can work in your favor. Increasingly, we are seeing addiction as a mental health condition rather than a crime, and submitting to treatment could spare you from harsher penalties. Lastly, medical cannabis is currently under consideration in the state legislature, so medicinal use may help to soften the case against you.

Guilty? Your Plea-Bargain Should be Handled by an Expert

If you plead guilty, prosecutors are likely to allow for a plea-bargain process that will keep your case out of court. But what is a fair plea bargain? Which arguments are the most likely to hold water with prosecutors? Since law is open to interpretation, at least up to a point, different prosecutors have different approaches. As Elizabethtown criminal lawyers, we are well-acquainted with individual prosecutors ad their approach to marijuana offenses. This helps us to present your case in such a way that the most lenient plea-bargain possible is offered to you. We’ll also know if further negotiation is required, and whether it will be worth rejecting the plea-bargain and having your day in court.

Keeping You Informed, Representing Your Interests

As a person who is facing criminal charges, you need to know the likely consequences in advance. Whether you or we agree with the law or not is not an issue. The law stands, and it cannot be ignored.

Although a few cannabis users may be tempted to challenge the law itself. We do not recommend this course of action if you are facing criminal charges. Compliance, remorse, and the intention to turn over a new leaf will work in your favor. Defiance will not. Remember, you are facing criminal charges, and no matter what your arguments in favor of your decision to knowingly break the law, the fact remains: you have done so.

You may be sure that any recommendations we may make will be in your best interests. Ideally, we want to ensure that you are not incarcerated, that any fines are kept to a minimum, and that you will not have your children taken away from you by social services.

Typical Marijuana Possession, Cultivation and Trafficking Sentences

Possession of small amounts for personal use: $240 fine, up to 45 days in jail or both.
Cultivation of one to four plants: $1,000 to $10,000 fine and / or up to five years in prison.
Cultivation of five plants or more: $1,000 to $10,000 fine and / or up to ten years’ imprisonment.
Trafficking up to eight ounces (Class A misdemeanor): As for cultivation of five or more plants.
Trafficking larger amounts: $1,000 to $10,000 fine and/or up to 20 years’ imprisonment.
Trafficking near a school building: The harshest penalties will invariably apply.

Even possession of marijuana-related paraphernalia can get you a $500 fine and up to 12 months’ imprisonment. Whether you regard these sentences as harsh given the nature of your offense or not, they do apply, and reducing the impact your contravention of state laws on yourself, your future and your family requires the help of an Elizabethtown criminal lawyer.

No, we will not promise to get you off without any penalties. And yes, we will promise to do our utmost to ensure the most lenient sentence applicable to your individual case. Know where you stand: if you face marijuana charges, it is as serious as it would be if you were caught with heroin. Get an Elizabethtown criminal lawyer on your side for the best possible outcome.

Contact Musselwhite Meinhart & Staples, PSC by calling 270-506-4052 or use our online contact form to speak with an experienced Elizabethtown criminal lawyer.