LMPD Seized 15,000 Ecstasy Pills
The 1st Division Impact Unit of LMPD seized 15,000 ecstasy pills, 2 pounds of meth, $25,000 in cash and several firearms. They arrested 2 men, one of whom was a convicted felon. While this case will slowly begin working its way through the criminal justice system, a Louisville criminal defense attorney will be working quickly.
The brief article from Wave3.com state that the raid occurred, “after a lengthy investigation.” As with many Louisville drug crime cases, the local authorities, DEA and other agencies often take their time to build as much proof as possible in an effort to make sure their arrests will hold up under scrutiny. That’s where I come in; holding them accountable for every step – and misstep – taken as it relates to the law.
Now, I haven’t seen the charges (these aren’t my clients). However, one of the issues that grabbed my attention is that a convicted felon was arrested. One could argue that this defendant has a lot more to lose simply given his prior conviction. He may be charged as a persistent felony offender, under Kentucky law.
What’s a Persistent Felony Offender?
This additional charge can be either in the 2nd Degree or 1st Degree. Usually, charging this in the 2nd degree applies if there was only 1 previous felony conviction. Charging this in the 1st degree applies if there were 2 or more, previous felony convictions. However, a 1st degree charge can be applied if the previous conviction involved 1 felony sex crime against a minor.
There are a number of conditions they have to be met for the prosecution to include a persistent felony offender charge. The primary elements include:
- The defendant is 21 years old, and was over 18 at the time of the crime.
- The prior felony is not limited to a Kentucky conviction.
- The prior conviction resulted in a sentence of 1 or more years.
- The prior conviction occurred within a 5-year window of the current offense. Although, there are considerations regarding probation, parole and other issues related to the his/her release.
In addition to the above, the felon may have been in possession of 1 or more of the firearms recovered, at the time of the arrest. It’s illegal for a felon to have a firearm, so an additional criminal charge will surely be included.
The various types of drugs will also compound the potential charges. Remember, LMPD seized 15,000 ecstasy pills, Ecstasy (also called MDMA or Molly) is a Schedule 1 drug and federal sentencing guidelines may apply if a federal indictment is returned. The seriousness of possessing 2 pounds of meth at the time of the arrest speaks for itself, giving the recent history of stepped-up drug crime enforcement. Regardless, this defendant with a prior felony conviction has a very complicated case.