Legal Question in Criminal Law in Kentucky

P.F.O. regulations

I have been charged with first offense possesion of a controled substance. I have already been indicted on this charge. And i didnt get indicted on persesistent feloney offender charge. And i want to know if they can charge me with the P.F.O. now?


Asked on 4/11/02, 1:15 pm

1 Answer from Attorneys
Brian Halloran Brooking and Halloran, PLLC

Re: P.F.O. regulations

The persistent felony offender statute is designed to "bump" penalties for multiple felony offenders. It doesn't apply to multiple felonies in the same indictment or set of facts. But if you have a felony within the last 5 years (or 5 years from your release from prison on the felony charge), it's a PFO 2nd subject to 10 years additional time. If you have two or more in the last 5 years (or 5 years from your release from prison) it's a PFO 1st and subject to 20 years additional time. I hope this answers your question. If this is your first felony offense ever, they cannot hit you with a PFO charge.

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Answered on 4/11/02, 6:42 pm


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