Facing drug possession charges in Tennessee can change your life in an instant. Many times, these offenses carry the potential for fines and even incarceration. However, the first step is not to panic. You can take action to protect yourself.
If you have been charged with drug possession in Tennessee, you need to know what options you have. Here is what to expect and how to move forward with confidence.
What Does Drug Possession Mean in Tennessee?
In Tennessee, drug possession charges are the result of having illegal substances on your person or property without a prescription or legal reason. Illegal substances could range from marijuana to prescription pills, heroin, cocaine, or methamphetamine.
The state classifies drugs into different schedules. These categories will influence the seriousness of the charges.
This is more than the type of drug. The law also considers how much you had and why. For example, a small amount for personal use carries a different weight than possession of a large quantity that could suggest selling or distributing.
Different Types of Possession Charges You Might Face
There are several types of charges for drug possession, which can include:
Simple possession
This is the most common type of offense. A charge means you were found with drugs for your use. It might be a misdemeanor or a felony, depending on the drug and amount.
Possession with intent to distribute
If the authorities believe you planned to sell or share the drugs, this is a much more serious charge. Large quantities of packaging materials can also play a role in getting charged with this offense.
Possession of drug paraphernalia
Even if you did not have drugs on you, having items like pipes, needles, or scales can lead to charges.
The type of charge will determine the possibility of a conviction. Let’s look at what you could face.
The Reality of Penalties
Once again, the penalties for drug possession in Tennessee will depend on the circumstances surrounding your case. Here are a few examples:
- Marijuana: Possessing less than half an ounce is usually a misdemeanor. With a conviction, you could face up to nearly a year in jail and fines. If you have more than that, it could lead to felony charges.
- Cocaine, heroin, meth, or other “hard” drugs: Even small amounts bring felony charges. There is a possible prison time ranging from a few years to decades.
- Intent to distribute: These charges usually bring mandatory minimum sentences and long prison terms.
- Paraphernalia charges: While these are misdemeanors, they are still serious and can result in jail time and fines.
Many people do not realize that the location of the alleged crime can also matter. For example, being caught near a school or park can increase penalties under Tennessee law.
You Are Not Without Options
You need to know that a charge does not automatically mean a conviction. With the right defense strategy, you may be able to move to have the charges decreased or dropped. Some defenses may include:
- Illegal search or seizure: If the police did not follow proper legal procedures, evidence might be thrown out.
- No knowledge of the drugs: If you did not know the drugs were in your possession, you may not be guilty.
- Mistaken identity of the substance: Sometimes, what police say is an illegal drug is not one.
- Entrapment: Rare, but if you were unfairly pressured by law enforcement, this can be a defense.
A knowledgeable attorney can carefully review the facts to see which defenses apply to your case.
Why Hiring a Tennessee Drug Defense Lawyer Is Important
Knowing what to expect when facing drug possession charges in Tennessee can help you plan for your defense. The stakes in drug possession cases are high. A conviction can affect your freedom, job prospects, and future in ways you might not even think about right now.
Whether negotiating a better plea deal or fighting the charges in court, you want to have a skilled Tennessee drug possession lawyer on your case.
At Easter & DeVore, Attorneys at Law, we are ready to fight for you. Schedule a consultation today to learn more about your options.
