Drug-related criminal proceedings almost always begin unexpectedly. An hour ago you may have been stopped for a routine check; now you are sitting in front of an investigator and do not know what to say without harming your position. At that moment, you need a drug crime lawyer who can immediately assess the circumstances and explain the next step. PRIKHODKO & PARTNERS Law Firm has an established practice of assisting clients in such cases.
When to contact a drug crime lawyer
There is no reason to wait for a judgment. The earlier a defence lawyer sees the documents, the more time there is to verify them. Contact a lawyer as soon as any of the following occurs in a case involving the unlawful circulation of narcotic drugs:
- detention and transfer to a police station without a clear explanation;
- a search of an apartment, office, or vehicle followed by seizure of property;
- a summons for questioning, even if you are described only as a witness;
- seizure of substances or medicines whose origin is unknown to you;
- service of a notice of suspicion in a drug-related case;
- court proceedings or an appeal against a judgment.
Urgency matters. If you or a close relative has been detained, a drug crime lawyer should be involved before the first interview. Statements made to an investigator without legal counsel may later be difficult to explain in court.
Legal assistance begins with checking whether law enforcement officers acted lawfully. The lawyer reviews:
- how procedural records were prepared;
- whether video recording was conducted;
- whether the seized items were properly sealed.
These details can determine which evidence the court considers admissible.
Defence under Articles 307, 309, and other provisions
Although most drug cases are based on Articles 307 and 309 of the Criminal Code of Ukraine, defence may also be required under other provisions, including cultivation of narcotic plants under Article 310 or circulation of precursors under Article 311.
The key provisions are:
- Article 309 concerns acquisition or possession without intent to sell, meaning possession for personal use.
- Distribution and actions carried out with the intent to distribute are governed by a different provision. In this situation, you need a lawyer under Article 307 of the Criminal Code of Ukraine, because the difference in legal consequences is substantial.
The distinction often depends on whether there was an intention to sell. Investigators seek indirect indicators such as:
- packaging;
- scales;
- messages in instant messengers.
The defence checks whether that evidence was obtained lawfully and whether it actually proves an intent to distribute.
Many clients also ask about punishment for drug possession. Every case is unique, but general principles apply:
- If the amount does not exceed the statutory threshold for a small quantity, administrative liability will usually apply.
- If the threshold is exceeded, criminal liability may range from a fine and probation supervision to imprisonment for up to three years, or up to eight years for especially large quantities.
In each case, the court assesses the exact weight of the substance, the circumstances of the event, and the accused person’s background.
Drug distribution is punished much more severely:
- Part 1 of Article 307 provides for four to eight years of imprisonment.
- The sentencing range increases where aggravating circumstances exist, such as a repeated offence or participation by a group.
Clients often ask whether a suspended sentence is possible for drug distribution. There is no universal answer. It depends on the legal classification, the sentence imposed, and the circumstances of the case. No honest lawyer can promise a result in advance. One essential requirement is:
- The final term of imprisonment must not exceed five years.
- Such a sentence may sometimes be achieved even under the more serious Parts 2 and 3 of Article 307 where sufficient mitigating grounds exist.
Drug use itself is not separately punishable in Ukraine. Liability arises for acquisition, possession, production, or distribution of controlled substances.
The category of substance also matters: it may be a narcotic drug, psychotropic substance, or precursor. This can significantly affect the legal classification. The lawyer therefore reviews the expert report and verifies what was seized and in what quantity.
Defence in these cases usually focuses on several areas:
- checking the lawfulness of investigative actions and seizures;
- challenging an excessively severe legal classification;
- challenging expert examinations and prosecution materials;
- seeking a less restrictive preventive measure;
- preparing for trial and identifying circumstances that may affect the sentence.
What a lawyer does at different stages of the case
The lawyer’s work can be divided into clear stages. A criminal lawyer in a drug-related case will usually:
- analyse procedural documents, including records, decisions, and expert reports;
- agree on a strategy, with the client retaining the final choice of defence position;
- take agreed procedural steps, including motions, complaints, and participation in investigative actions;
- represent the client during the pre-trial investigation and later defend the client in court.
Each step is agreed with you in advance. If the judgment is unsatisfactory, the lawyer prepares an appeal or cassation appeal.
If your case is already at one of these stages, submit a request. We will explain where to begin.
Consultation and working format
PRIKHODKO & PARTNERS provides consultations online and in person. Travelling to the office is not required, although clients in Kyiv and visitors to the capital may meet a lawyer during business hours. You can describe the situation in the format most convenient for you, after which the lawyer will explain the available steps.
When choosing a drug crime lawyer, notice whether the lawyer asks detailed questions about documents and chronology. Anyone who guarantees an outcome before reviewing the materials is not acting honestly. Our lawyers provide a realistic assessment without unfounded promises.
To make the consultation productive, prepare:
- documents served on you, including a summons, record, or notice of suspicion;
- photographs or scans of all papers, even those that appear unimportant;
- a short chronology of events with dates and times;
- contact details of people who were present;
- the telephone number of a relative who can act on your behalf if your ability to communicate is restricted.
If you do not yet have documents, you can still begin. Describe the events, and the lawyer will explain which papers should be requested.
Would you like an initial estimate of the scope of work? Submit a request, and we will prepare a preliminary assessment.