Drug Possession Attorney In Nashville, TN
Being charged with drug offenses is extremely serious, and if you're found guilty, you may be subjected to harsh penalties. These consequences may include imprisonment, hefty fines, damage to your reputation, and the inability to see your children. Therefore, you must seek legal assistance immediately if you've been accused of possessing or distributing controlled substances.
To get a possession charge dismissed in TN, you should contact an experienced and skilled attorney specializing in drug crimes. A qualified Nashville drug trafficking attorney or a Nashville drug possession attorney can evaluate your case and provide you with sound legal advice.
At Andrew C. Beasley, PLLC, we have a proven track record of assisting clients in achieving positive outcomes in drug crime cases. Our team of attorneys, including a former prosecutor, thoroughly understands the prosecution's strategies and tactics. As a result, we can devise an effective defense strategy that is tailored to your unique situation.
Drug Possession Penalties
The severity of the penalties you face will depend on a wide range of factors, including the type and amount of drugs involved. In general, you could face heavy fines, imprisonment, mandatory enrollment in a drug education course, community service, and a mark on your criminal record.
The specific penalties will be impacted by the type of charge, such as:
- SIMPLE POSSESSION: Class A misdemeanor, carrying up to 1 year in jail and up to $2,500 in fines.
- SUBSEQUENT POSSESSION OFFENSE: Class E felony that carries up to 6 years in prison and $3,000 in fines.
- POSSESSION OF PARAPHERNALIA: Class A misdemeanor, carrying just under one year in jail and potential fines.
These repercussions could be increased depending on the specific type of drugs that were found. Some drugs are considered more dangerous and thus elicit more severe penalties and aggressive stances from the prosecution. The most common include marijuana, cocaine, and heroin. Further, the punishment could be heightened if a defendant has previous offenses on their record.
Potential Defenses for Drug Possession and Drug Trafficking in Nashville, TN
Depending on the specific circumstances of your arrest, our Nashville drug trafficking and drug possession attorney can raise various defenses, such as:
Unlawful Search and Seizure
If the officer who searched your person or property lacked probable cause, they may have performed an unlawful search and seizure. If this is the case, any evidence they found during the incident was unlawfully collected and may be thrown out, which can make it more challenging for the prosecution to pursue a case against you.
Lack of Intent to Sell
With this defense, you simply did not intend to sell the drugs found on you and only possessed them for your own consumption.
No Control Over The Drugs
You may not have known you were in possession of the drugs and, therefore, had no control over them during your arrest. For instance, you were driving your car with a friend when an officer pulled you over, and your friend hid their drugs under your seat, but the police saw the drugs. Being close to the drugs when they were found may not be enough to prove you were in possession of them, regardless of whether you knew your friend had them.
It’s also possible that you only had temporary possession of the drugs during your arrest. For example, maybe your friend left the drugs in your house or vehicle or gave you the drugs to avoid getting arrested and charged with possession, and you were about to throw them out or give them back, but you were arrested.
You Had a Valid Prescription
If you had a valid prescription when the police arrested you for possessing prescription drugs, then the prosecution cannot charge you with possession if you can prove the validity of your prescription. On the other hand, the prosecution may charge you with intent to sell if you possessed more than a normal amount of the prescription drug, even if you had a valid prescription for it.
What Our Nashville Drug Trafficking & Drug Possession Attorney Can Do For You
As a former district attorney with more than 10 years of experience working on criminal cases, our Nashville drug trafficking and drug possession attorney has a priceless insight into how the prosecution handles drug offenses. Allow us to put all our knowledge and experience to work for you. When you work with Andrew C. Beasley, PLLC, our dedicated legal team will:
- Carefully evaluate the circumstances of your arrest, including your interactions with law enforcement officers and searches of your property or person.
- Figure out whether the police violated your legal rights in any way to possibly suppress the evidence against you.
- Investigate your case to obtain evidence that will benefit your defense and counter the prosecution’s allegations.
- Assess the case against you and look for weaknesses that we can use to strengthen your defense strategy.
- Negotiate with the prosecutor to have your case dismissed, reduce your charges, or secure a fair plea bargain.
- Defend you in court if necessary.
Drug Crimes FAQs
What Are Defenses Against Possession With Intent To Sell Charges?
In Nashville, you can be charged with possession with intent to sell, even if you never committed the crime of distributing or selling drugs. Law enforcement can arrest and charge you with this offense if you possess a certain amount of illegal substance, assuming you intend to engage in further criminal activity. A conviction carries the penalties for possession and the penalties of distributing drugs. Marijuana charges vary in Tennessee.
The higher the amount of drugs involved, the more likely law enforcement will seek possession with the intent to distribute or sell charges. Investigators will also look into how the drugs were packaged, whether large amounts of cash were found on the scene and other factors that may indicate a drug operation. Still, proving these claims can be challenging for the prosecution, especially when an aggressive legal advocate is on your side who can utilize the defenses above. If you or a loved one are facing criminal charges, it is crucial to seek legal counsel from an experienced Nashville criminal defense lawyer. We have the knowledge necessary to defend you and your future.
However, many defenses can be employed against these charges, such as:
- Demonstrating that the drugs were simply for personal use
- Proving that you did not exercise possession over the substance
- Showing that an illegal search and seizure was used to obtain evidence
- Lack of sufficient evidence to prove possession with intent
Can My Drug Conviction Be Expunged From My Record?
It may be challenging to have drug crime convictions expunged from your record. For an expungement to occur, the charges must be dismissed, a judge or jury must return a verdict of not guilty, you must have been arrested without being officially charged, or be in another approved situation. However, if you do not have a previous offense on your record and the charges are less severe, you may be eligible to have the proceedings deferred and placed on probation instead so that no judgment of guilty is entered against you. This will depend on the severity of your charges, your record, and any deal made with the prosecution.
What Does It Mean To Be Over The Threshold Amount Of Drugs?
Possession of drugs can be upgraded to possession with the intent to commit further crimes in certain situations. For example, if you are found to be in possession of a large amount of cocaine, law enforcement may deem that this was not for personal use but instead for resale or distribution. Possession over the threshold amount of drugs for a particular substance can carry heavy penalties and call for a more tough defense.