Trafficking First Offense

[CatsGirl]

What is the name of your state (only U.S. law)? KY

A family member is an addict. They are older and never had any charges ever. They got caught with fentanyl. I have only spoke to the police but they say they had some in the car and sold to a person. Somebody tipped them off.

Anyway we put money together to get them on bond and they have a paid lawyer. The lawyer said they can keep them from prison. But everything I read is bad. Is this possible? We want them to get help. We believe they sold to pay for their addiction as we are all shocked. They have no money.

They also had their gun with them because they always do. The lawyer told them it would be ok. But the police told us it will make them go to prison.

Any thoughts?? They are seeking a suboxone program and start next week.

 

[Ohiogal]

What is the name of your state (only U.S. law)? KY

A family member is an addict. They are older and never had any charges ever. They got caught with fentanyl. I have only spoke to the police but they say they had some in the car and sold to a person. Somebody tipped them off.

Anyway we put money together to get them on bond and they have a paid lawyer. The lawyer said they can keep them from prison. But everything I read is bad. Is this possible? We want them to get help. We believe they sold to pay for their addiction as we are all shocked. They have no money.

They also had their gun with them because they always do. The lawyer told them it would be ok. But the police told us it will make them go to prison.

Any thoughts?? They are seeking a suboxone program and start next week.

Drug trafficking? Your family member deserves a long time in prison for this stunt. Said family member could have killed someone. No lawyer would promise to keep your family member from prison. There are no guarantees in this.

 

[CatsGirl]

Of course. Thankfully nobody got hurt.

Not sure that they said it was a definite to keep them from prison I think they said probably based on first offense and their addiction. Just wondering if it is even possible.

The family will be paying for the defense.

 

[Ohiogal]

Of course. Thankfully nobody got hurt.

Not sure that they said it was a definite to keep them from prison I think they said probably based on first offense and their addiction. Just wondering if it is even possible.

The family will be paying for the defense.

Well that doesn't mean the family is entitled to any information from the attorney. Anything is possible. Ask the paid attorney how probable is. Apparently a public defender for your indigent relative was not good enough?

 

[Ohiogal]

One other thing -- by bailing out your addict relative, you are enabling said relative. You should have let him sit. The likelihood he will be clean while out is slim and none.

 

[CatsGirl]

Well thanks for the judgements.

We are too wealthy a family for a public defender. They would not give them one.

Thanks.

 

[Ohiogal]

Well thanks for the judgements.

We are too wealthy a family for a public defender. They would not give them one.

Thanks.

How many people on heroin or fentanyl have you defended? Oh yeah. NONE. Ask me how many I have in the past three months? Ask me how many clients have overdosed because their stupid families bailed them out because they pitied them? Or they couldn't have THEIR family in jail? Ask me how many clients have died due to enabling by families? Oh you are too wealthy a family? Then why was he dealing drugs in order to support his habit? It is not based upon the family's wealth but HIS money. Apparently he has none or he wouldn't be dealing drugs to support his habit. Your family member will most likely overdose before this gets to trial because he knows where to find the drug and he has done NOTHING to help himself.

 

[quincy]

How many people on heroin or fentanyl have you defended? Oh yeah. NONE. Ask me how many I have in the past three months? Ask me how many clients have overdosed because their stupid families bailed them out because they pitied them? Or they couldn't have THEIR family in jail? Ask me how many clients have died due to enabling by families? Oh you are too wealthy a family? Then why was he dealing drugs in order to support his habit? It is not based upon the family's wealth but HIS money. Apparently he has none or he wouldn't be dealing drugs to support his habit. Your family member will most likely overdose before this gets to trial because he knows where to find the drug and he has done NOTHING to help himself.

... and on a lighter note ...

I agree with most of what Ohiogal said but your relative is lucky in some ways s/he was caught when s/he was. The current laws under which your relative was charged (link provided below) are effective only until June 29, 2017. After that, the penalties become far more harsh.

http://www.lrc.ky.gov/statutes/statute.aspx?id=44010

Has your relative been diagnosed with "substance use disorder" by any chance?

I do not see how your relative can escape serving time in prison but criminal defense attorneys can sometimes work miracles. It will help your relative if s/he is already seeking treatment for the substance abuse.

 

[Ohiogal]

... and on a lighter note ...

I agree with most of what Ohiogal said but your relative is lucky in some ways s/he was caught when s/he was. The current laws under which your relative was charged (link provided below) are effective only until June 29, 2017. After that, the penalties become far more harsh.

http://www.lrc.ky.gov/statutes/statute.aspx?id=44010

Has your relative been diagnosed with "substance use disorder" by any chance?

I do not see how your relative can escape serving time in prison but criminal defense attorneys can sometimes work miracles. It will help your relative if s/he is already seeking treatment for the substance abuse.

There is no lighter note with this. Even if he (as the colloquial "he") seeks treatment, if he doesn't want help, it won't work. Seen too many people overdose. One attorney I am friends with has lost 3-6 clients in the span of a few months because of this. If they were left in jail at least they couldn't get it. Withdrawal may suck but it won't kill him. Getting out could. And this relative is enabling him.

 

[quincy]

How many people on heroin or fentanyl have you defended? Oh yeah. NONE. Ask me how many I have in the past three months? Ask me how many clients have overdosed because their stupid families bailed them out because they pitied them? Or they couldn't have THEIR family in jail? Ask me how many clients have died due to enabling by families? Oh you are too wealthy a family? Then why was he dealing drugs in order to support his habit? It is not based upon the family's wealth but HIS money. Apparently he has none or he wouldn't be dealing drugs to support his habit. Your family member will most likely overdose before this gets to trial because he knows where to find the drug and he has done NOTHING to help himself.

There is no lighter note with this. Even if he (as the colloquial "he") seeks treatment, if he doesn't want help, it won't work. Seen too many people overdose. One attorney I am friends with has lost 3-6 clients in the span of a few months because of this. If they were left in jail at least they couldn't get it. Withdrawal may suck but it won't kill him. Getting out could. And this relative is enabling him.

The "lighter note" was not that light, if you read the possible penalties.

That said, I only linked to trafficking in the first degree. If the relative had less than 2 grams, it makes a difference.

Under the new law, I believe a conviction comes with 5 to 10 years in prison and no probation until 50% of the sentence is served. And it is a felony to sell ANY amount of fentanyl.

There is a partial defense if there has been a professional diagnosis of substance use disorder.

I am going to take another look at what I read, though, to make sure I am not inadvertently providing any misinformation.

 

[Ohiogal]

The "lighter note" was not that light, if you read the possible penalties.

That said, I only linked to trafficking in the first degree. If the relative had less than 2 grams, it makes a difference.

Under the new law, I believe a conviction comes with 5 to 10 years in prison and no probation until 50% of the sentence is served.

There is a partial defense if there has been a professional diagnosis of substance use disorder.

I am going to take another look at what I read, though, to make sure I am not providing any misinformation.

Better than death quite frankly. I agree with what you stated ... Her relative deserves prison time.

 

[CatsGirl]

Yes they have been diagnosed with a substance abuse problem. They have previously been in treatment and on suboxone. They suffer from a painful spine condition but they overdosed on pain meds two years ago and the doctors did not prescribe pain meds any longer.

Their condition is pretty debilitating.

I am not 100% sure my family member wants to live any longer. They have a lot of pain without medicine and they hinted that their overdose was maybe intentional. But we have no proof.

 

[CatsGirl]

They are also disabled.

 

[quincy]

Better than death quite frankly. I agree with what you stated ... Her relative deserves prison time.

Having a gun in the car when illegally selling fentanyl certainly complicates matters for the relative and will make it difficult for the attorney to keep the relative from serving time in prison. Although I have mixed feelings about sending drug addicts to prison for feeding their addictions, a prison sentence could keep them alive.

The fact that your relative is disabled and diagnosed with a substance abuse problem might help in their defense. Your relative needs to rely on his/her attorney.

Kentucky has made it pretty clear with the recent passage of their drug-related laws that heroin and fentanyl are definitely not drugs to mess with.

 

[CatsGirl]

Thank you. We are hoping for an outcome that will help our family member to get clean. And I hear drugs also are in prison so I cannot say for sure that is the best place considering what we know that I have not provided here.