DEFENDING A DRUG CHARGE
Illegal possession of drugs in Tennessee is often referred to as Simple Possession or Casual Exchange. The most common simple possession charge involves the possession of small amounts of marijuana. If charged with this criminal offense, then you likely received a citation. These charges are typically misdemeanors which carry the maximum penalty of a fine up to $2,500 and up to 11 months, 29 days in jail for each charge. A drug conviction can also seriously affect future employment opportunities.
The state must prove the following things to find someone guilty of illegal drug possession:
- That you were in possession of an illegal controlled substance; and
- That you knew you had the drug in your possession, without a valid prescription.
This does not mean that if the drugs were not found on your person, (i.e. in your hand, purse, wallet, or pockets) then you are not guilty. The law recognizes a form of possession called“constructive possession”. This means the drugs may have been found in an area close to you. For example, the drugs were found in a car occupied by multiple people or in the common area of a home where multiple people reside. If no one claims to be the owner of the drugs, then most likely the police will charge everyone with possessing the same drug.
These cases may sound simple to prosecute for the State, however there many issues that must be thoroughly reviewed before needlessly pleading guilty or accepting a plea agreement. Our Criminal Attorneys review the actions of the officer that took out the charges. We analyze search and seizure issues that may lead to the suppression of the evidence. A competent and experienced legal team that will work diligently on your behalf is critical.
If you are facing drug possession charges, contact one of our Criminal Defense Attorneys in Murfreesboro, TN for a free consultation - (615) 895-0030. Kris Oliver and Jimmy Turner are experienced in defending misdemeanor and felony drug cases.