Drug crimes could lead to severe consequences depending on the circumstances of your arrest. If you are caught with a particular type of drug or a certain amount of a controlled substance, you could be facing jail time and huge fines.
If you’ve been accused of drug possession, make sure you call one of our experienced Memphis drug crimes attorney. The Law Office of Stephen R. Leffler, P.C. is a firm committed to effective communication with our clients, so we always tailor our legal services to your specific needs. Let us see what we can do for your case.
Many states have adopted the federal classification of controlled substances into “schedules.” Tennessee is no exception. Depending on the controlled substances you are found with, you could be facing a much more severe sentence. The following is how Tennessee law identifies controlled substances:
Schedule I: drugs that are the most dangerous and have a high risk of dependency or addiction and no legitimate medical use (for example, LSD, heroin, ecstasy, psychedelic mushrooms)
Schedule II: drugs that have a high risk of abuse but may have legitimate medical uses (for example, cocaine, opium, methadone, and amphetamines)
Schedule III: slightly less dangerous drugs than Schedule II, but still have a moderate risk of abuse (for example, anabolic steroids, testosterone, ketamine, and some depressants)
Schedule IV: drugs with a slight risk of dependency and acceptable medical uses (for example, tranquilizers, sedatives, and clonazepam)
Schedule V: drugs with low risk of dependence (for example, Tylenol with codeine)
Schedule VI: marijuana, which has a low risk of physical dependence
Schedule VII: Butyl Nitrate (poppers)
Penalties for Drug Possession in Tennessee
Simple possession or casual exchange is the least serious drug offense in the state. A small amount of a controlled substance could land you with this charge, but if you have too much of a controlled substance, you could be accused of felony possession or trafficking. Simple possession or casual exchange is a Class A misdemeanor, which could result in up to 1 year in jail and fines up to $2,500.
If this is your second or subsequent offense, you will be charged with a Class E felony, which could result in a prison sentence of 1 to 6 years and fines of up to $3,000. A judge may also sentence you to take drug education classes, at his or her discretion.
When facing drug possession charges, several defense strategies can be used to challenge the evidence or the circumstances of your arrest. Some common defenses include:
Lack of Knowledge or Intent: This defense argues that the defendant did not know they were in possession of the drugs, or that they had no intention of possessing them. For example, if drugs were found in a car or bag that the defendant didn’t own or control, they might argue they were unaware of the drugs’ presence.
Illegal Search and Seizure: The Fourth Amendment protects you from unlawful searches and seizures by law enforcement. If your rights were violated during the search (e.g., no warrant was obtained or no probable cause was present), the evidence collected during the search could be suppressed and may not be admissible in court.
Coercion or Duress: If you were forced or threatened into possessing drugs by another person, this may be used as a defense. Coercion or duress could involve situations where you were threatened with harm if you didn’t carry or possess the drugs.
Unlawful Search Warrant: If law enforcement used an invalid or improperly executed search warrant to gather evidence against you, this can be challenged. For instance, if the warrant was based on false information or was overly broad, the evidence found may be deemed inadmissible.
What to Do if Arrested for Drug Possession
Being arrested for drug possession can be overwhelming, but understanding your rights can help you navigate the situation:
Stay Silent and Ask for a Lawyer: It's essential to remain silent and avoid speaking to law enforcement without your attorney present. Anything you say can be used against you in court, so it's best to refrain from discussing the details of your case until your lawyer arrives.
Understand Your Rights During Arrest: You have the right to remain silent and the right to an attorney. Law enforcement is required to inform you of these rights. Knowing what you are entitled to can help protect you during the arrest process.
Bail and Pre-Trial Release: After your arrest, you may be eligible for bail or pre-trial release. The court will decide whether to grant bail based on factors like the severity of the charge, your criminal history, and the risk of flight. If granted bail, you may be able to get out of jail until your trial.
Impact of Drug Possession Charges on Employment
Having a drug possession charge or conviction can have serious consequences on your future employment:
Criminal Record and Employment: A drug possession charge or conviction will likely appear on background checks, making it harder to find a job. Many employers are hesitant to hire individuals with a criminal record, especially for positions that involve responsibility or handling sensitive materials.
Expungement and Record Sealing: In some cases, it may be possible to expunge (remove) or seal your criminal record after a conviction. This can make it easier to secure employment in the future. Eligibility for expungement varies by state and the nature of the conviction, so it’s important to consult with a lawyer to see if this is an option for you.
Understanding these defenses, rights, and the impact of a drug possession conviction can help you make informed decisions about how to handle your case and protect your future.
Frequently Asked Questions (FAQ) About Drug Possession Charges
Can I be charged with drug possession even if I wasn’t carrying the drugs? Yes, you can still be charged with possession if the drugs were found in a location under your control, such as your car or home. This is known as “constructive possession,” where the law assumes that you had control over the drugs, even if they weren’t physically on you.
What happens if I’m caught with drugs in a public place? Being caught with drugs in a public place can lead to harsher penalties, especially if it is determined that you intended to distribute or share the drugs. The severity of the charge can depend on the amount of drugs and whether other factors, like prior convictions, are involved.
Will a first-time drug possession charge lead to jail time? For a first-time offense, especially if you are caught with a small amount of drugs, you may face probation, fines, or drug education classes instead of jail time. However, the outcome will depend on the specifics of the case, the drug involved, and the state’s sentencing guidelines.
Can my attorney help reduce the charges or penalties for drug possession? Yes, an experienced attorney can help negotiate with prosecutors to reduce the charges or penalties. They may also be able to challenge the evidence against you, argue for a lesser sentence, or explore alternatives like drug court, which focuses on rehabilitation instead of punishment.
Will a drug possession conviction affect my ability to get a gun license? Yes, a drug possession conviction can impact your eligibility for a gun license. Federal and state laws may prevent individuals with certain drug convictions from obtaining firearms permits.
Can I avoid jail time if I’m caught with marijuana? In states where marijuana is legal, penalties for possession are usually less severe. However, in states where marijuana is still illegal, even small amounts can result in criminal charges. In some cases, you may be eligible for a diversion program or other alternative sentencing options.
What are the long-term consequences of a drug possession conviction? Beyond immediate penalties like jail time or fines, a drug possession conviction can have long-term consequences, including difficulty finding employment, losing professional licenses, and impacting your ability to travel or obtain certain government benefits.
Talk to Our Skilled Drug Crimes Attorney Today
Occasionally, some drug charges are written up only as citations, not arrests. However, they are just as serious and can require a criminal court appearance and legal representation. If you want to avoid the complications that come with a criminal conviction on your permanent record, talk to one of our skilled Memphis drug crimes Attorney as soon as possible. Our firm can offer you reasonable legal fees for experienced legal advice at a lower cost. We believe everyone should have access to affordable representation, and our Attorney are committed to effectively communicating with our clients and listening to their needs and concerns. Let us develop an effective defense strategy in your case. We understand this may be a stressful and potentially frightening time for you. Let us see what we can do for your case.
Contact us at (901) 509-9112 or fill out our online form to schedule a case consultation with our drug possession lawyer in Memphis today.
