Knoxville Drug Possession Defense Attorneys
How Does Tennessee Law Define Drug Possession?
In Tennessee, a person could face drug possession charges if law enforcement finds that they knowingly have a controlled substance without a valid prescription. It is a crime to possess any amount of a Schedule I, II, III, IV, V, VI, or VII controlled substance. These can include marijuana, heroin, cocaine, prescription drugs like Xanax or Valium, and many others. Additionally, our state has laws that specifically target synthetic substances that have been manufactured to be like Schedule I or II substances.
When it comes to drug possession charges, the stakes are high. If you have been arrested or charged, do not wait to contact S|D Law. We have defended thousands of clients and have the skill and know-how to handle your case. No matter how major or minor your situation might seem, you can count on us to work relentlessly to protect your rights and freedoms. To speak about your case with our drug possession lawyers in Knoxville, schedule a free consultation today.
Call (865) 426-1646 or connect with us online to speak with our experienced Knoxville drug possession attorneys.
Simple Possession vs. Possession with Intent
Under Tennessee state law, there is a distinction between what is called “simple possession” and “possession with intent” offenses:
- Simple Possession: Possessing a controlled substance for personal use.
- Possession with Intent: Possession of a controlled substance with the intent to sell, deliver, or distribute it.
To prove possession with intent, the prosecution must show that the defendant had the intent to sell or distribute the substance. Potential forms of evidence of this include large quantities of the drug, packaging materials, or drug paraphernalia.
The Penalties for Tennessee Drug Possession Crimes
The penalties for drug possession depend on the controlled substance, the amount of it, and whether a court determines it to be simple possession or possession with intent. Being convicted of simple possession can result in a sentence of up to a year and a fine of $2,500.
A conviction for possession with the intent to sell is much more serious. This charge is generally a felony and can result in multiple years in prison and fines of up to $100,000. The severity of the sentence depends on the schedule of the drug and the amount.
Collateral Consequences of a Tennessee Drug Crime Conviction
Once a person has fulfilled their sentence for a drug crime, there are still many consequences they could face. A conviction can bar individuals from owning a gun, applying for certain jobs, receiving federal student aid, and make it difficult to obtain a visa or legally immigrate to the United States. Additionally, Tennessee requires most convicted offenders to have their names listed on The Drug Offender Registry for 10 years. This is a publicly searchable database.
Common Defenses Against Drug Possession Charges
Facing drug possession charges can be overwhelming, but understanding the potential defenses available to you can empower your case. At Stephens & DiRado, LLP, our experienced attorneys are well-versed in various defense strategies that may apply to your situation. Here are some common defenses that can be utilized:
- Illegal Search and Seizure: If law enforcement violated your Fourth Amendment rights by conducting an unlawful search, any evidence obtained may be inadmissible in court.
- Lack of Knowledge: If you were unaware that you possessed illegal substances, this can be a strong defense, especially if the drugs were found in a shared space.
- Possession of Prescription Medication: If you were in possession of legally prescribed medication, it is crucial to present proof of your prescription to avoid penalties.
- Entrapment: If law enforcement induced you to commit a crime you would not have otherwise engaged in, this could serve as a valid defense.
- Chain of Custody Issues: If there are discrepancies in how the evidence was handled after it was collected, it may undermine the prosecution's case.
Each case is unique, and our team will work diligently to identify the best defense strategy tailored to your circumstances. Contact us today for a free consultation to discuss your options and how we can help you navigate this challenging time.
Why Choose Stephens & DiRado, LLP for Your Drug Possession Defense
When facing a drug possession charge, having a skilled and experienced attorney by your side can make all the difference. At Stephens & DiRado, LLP, we understand the complexities of drug laws in Tennessee and are committed to providing personalized legal representation tailored to your unique circumstances.
Here are several reasons why you should choose us to handle your drug possession case:
- Proven Track Record: Our firm has successfully defended numerous clients against drug possession charges, achieving favorable outcomes that protect their rights and futures.
- Comprehensive Legal Strategy: We take the time to analyze the specifics of your case, exploring every avenue for defense, including potential violations of your rights during the arrest or investigation.
- Compassionate Support: We recognize that a drug possession charge can be a stressful and overwhelming experience. Our team is here to provide you with the support and guidance you need throughout the legal process.
- Local Knowledge: Being based in Knoxville means we have an in-depth understanding of local courts, judges, and prosecutors, allowing us to navigate the legal landscape effectively on your behalf.
- Transparent Communication: We believe in keeping you informed every step of the way. You'll receive regular updates about your case, and we encourage open dialogue to address any questions or concerns you may have.
Don't face your drug possession charges alone. Contact Stephens & DiRado, LLP today for a free consultation and let us help you build a strong defense.
