DRUG POSSESSION
Memphis Drug Possession Attorney – Protecting Your Rights Against Drug Charges
If you have been arrested for drug possession in Memphis or the surrounding areas, it’s crucial to have an experienced attorney on your side. Drug possession charges in Tennessee can carry severe penalties, including jail time, hefty fines, and a criminal record that could impact your future.
As your Memphis drug possession attorney, I will vigorously defend your rights, explore all legal options, and work tirelessly to achieve the best possible outcome for your case.
What is Drug Possession Under Tennessee Law?
In Tennessee, drug possession laws apply to individuals who are found with illegal drugs or controlled substances, including marijuana, cocaine, methamphetamine, heroin, prescription drugs, and other narcotics.
Under state law, it is illegal to possess drugs without a prescription or legal authorization. If you are caught with illegal drugs, you could face serious consequences, including criminal charges that vary based on the type of drug, the quantity, and whether you have prior convictions.
Types of Drug Possession Charges in Tennessee:
Simple Possession: Possession of a small amount of drugs for personal use, often classified as a misdemeanor or felony, depending on the type of drug.
Possession with Intent to Distribute: If law enforcement believes you were intending to sell, distribute, or manufacture drugs, you may face more severe charges, which can carry lengthy prison sentences.
Possession of Drug Paraphernalia: If you are found with items used to consume or manufacture drugs (e.g., pipes, syringes, scales), you may face charges of possessing drug paraphernalia.
Penalties for Drug Possession in Tennessee
The penalties for drug possession in Tennessee vary depending on the type and amount of drugs, as well as whether there are aggravating factors. Possible consequences include:
Misdemeanor Charges: For small quantities of marijuana or other low-level drugs, you may face up to one year in jail and fines.
Felony Charges: Larger amounts or certain drugs (such as cocaine, heroin, or meth) can result in felony charges, which carry longer prison sentences, ranging from 1 year to life, depending on the specifics of your case.
Fines and Fees: In addition to prison sentences, you may be required to pay substantial fines, restitution, and legal fees.
How Pehanick Law Can Help You?
Challenging the legality of the search and seizure – Did law enforcement follow the proper legal procedures when stopping you and searching your property? We will review all aspects of your arrest to ensure your rights were not violated.
Exploring diversion programs – In certain circumstances, drug offenders may qualify for drug court or diversion programs, which can lead to reduced charges or alternative sentencing options.
Negotiating with prosecutors – We can negotiate with the prosecution to reduce your charges or penalties, and in some cases, secure a plea deal that avoids harsh sentencing.
Representing you in court – If your case goes to trial, we will provide aggressive representation and work to achieve a favorable outcome in the courtroom.
Seeking alternatives to incarceration – In some cases, treatment programs, rehabilitation, or probation may be viable alternatives to serving time in jail.
Being arrested for drug possession can have long-lasting consequences on your life. The sooner you contact an experienced Memphis drug possession attorney, the better your chances of achieving a favorable resolution.
📞 Call (901) 552-6228 today to schedule a consultation with Attorney Joseph Pehanick.
FAQs
Will I face the same penalties if I am caught with marijuana as I would for other drugs like cocaine or meth?
Not necessarily. While marijuana is still illegal in Tennessee, penalties for marijuana possession are generally less severe than for more dangerous drugs like cocaine or meth. However, the penalties can increase depending on the quantity, whether there is intent to distribute, or if you have prior convictions.
Can I face charges for possessing prescription medication without a prescription?
Yes, possessing prescription drugs without a valid prescription is a crime in Tennessee. Commonly abused prescription drugs like oxycodone or hydrocodone are subject to strict regulations, and possessing them without a prescription can lead to serious charges.
Can I be charged with drug possession if the drugs aren't in my possession but are found in my car or home?
Yes, Tennessee law allows for charges of constructive possession, which means that if drugs are found in a place you control (such as your car or home), you can be charged even if the drugs weren’t physically on your person. However, proving possession in such cases can be complex and may require a strong defense.t is illegal to possess and carry a weapon with the intent to go armed in Tennessee. The circumstances of the offense and your criminal history will greatly influence the severity of the resulting punishments.
What is the difference between simple possession and possession with intent to distribute?
Simple possession involves having drugs for personal use,
While possession with intent to distribute means that law enforcement believes you were planning to sell or distribute the drugs. This is a more serious charge and carries significantly harsher penalties.