Memphis, TN asked in Criminal Law for Kentucky

Q: Why am I being charged with trafficking and not possession??

I was pulled in parking lot cops came behind me gave me 3 different test they stopped between each one talked and then came back started again. I was arrested for DUI. Then search of car they got ounce of stuff and smoking utensil. Charged with trafficking. I wasn't though. Pointed lawyer said she gets it dropped and didn't so I hired cheapest one I could afford he says same thing and didn't either I'm waiting trial

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2 Lawyer Answers
Timothy Denison
Timothy Denison
Answered
  • Criminal Law Lawyer
  • Louisville, KY
  • Licensed in Kentucky

A: That decision is made by the prosecutor. You need to gather all evidence showing you were not trafficking.

Leland Hulbert
PREMIUM
Leland Hulbert
Answered
  • Criminal Law Lawyer
  • Louisville, KY
  • Licensed in Kentucky

A: Typically the police charge trafficking and let the prosecutor sort it out later. If you are dealing with ounces rather than grams and there is other evidence (large sums of money, baggies, scales or they witnessed you on selling or transporting) then they often charge trafficking. I recommend you hire an experienced criminal defense attorney to defend you in this case.

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