MEMPHIS DRUG POSSESSION Lawyer

Experienced Defense Against Drug Possession Charges in Shelby County, Tennessee

If you have been arrested or are under investigation for drug possession, you need a skilled criminal defense attorney in Memphis to protect your rights and defend you in court. At Francavilla Law Firm, we have the experience and dedication it takes to help you fight your drug possession charges. We understand that these charges can have a major impact on your life, both personally and professionally. We are ready to help you fight for a more positive outcome.

Call (901) 979-9992 or fill out our online contact form today to schedule a free consultation with our experienced Memphis drug possession attorney.

Drug Possession Laws in Tennessee

Tennessee law defines drug possession as knowingly and intentionally possessing a controlled substance. It can also include knowingly and intentionally possessing a controlled substance with the intent to manufacture, distribute, or dispense a controlled substance.

It is important to note that mere possession of a controlled substance is not a crime in Tennessee. The law requires that the person knowingly and intentionally possess the controlled substance. In addition, the law requires that the person intend to use the substance for a purpose other than medicinal.

There are several different ways that a person can be charged with drug possession. These include:

• Possession of drugs on their person
• Possession of drugs in their home or vehicle
• Possession of drugs in the home or vehicle of another person

In most cases, law enforcement officers must have probable cause to make an arrest. If law enforcement officers stop you and find drugs in your vehicle, they must have probable cause to believe that the drugs belong to you. In other situations, law enforcement officers may conduct a search and seizure of your home or vehicle. In these situations, law enforcement officers do not need probable cause to make an arrest or conduct a search and seizure.

Drug Possession Charges and Penalties in Tennessee

There are several different types of drug possession charges in Tennessee. These include:

• Possession of marijuana
• Possession of synthetic cannabinoids
• Possession of Schedule I, II, III, or IV drugs
• Possession with intent to manufacture, distribute, or dispense
• Possession of drug paraphernalia

The type of drug possession charge that you face will depend on the type of drug that you are accused of possessing, the amount of the drug, and your previous criminal history. In most cases, possession of a small amount of a Schedule I, II, III, or IV drug is a Class A misdemeanor. Possession of a large amount of a Schedule I, II, III, or IV drug is a Class E felony.

In addition, you may face charges for possessing drug paraphernalia. The type of charge will depend on the type of paraphernalia and the circumstances of your case. For example, possession of marijuana pipes is a misdemeanor. Possession of other types of drug paraphernalia is a Class A misdemeanor.

Defenses For Drug Possession in Tennessee

In Tennessee, there are several defenses available for individuals facing drug possession charges, depending on the facts of the case. Here are some common defenses:

• Unlawful Search and Seizure: The Fourth Amendment protects against unreasonable searches and seizures. The prosecution's case may be weakened if evidence is found without a warrant, probable cause, or consent.
• Lack of Knowledge: In some cases, the accused may not have known that the drugs were in their possession. For instance, if drugs were unknowingly placed in a car or bag, this defense argues that there was no intentional possession.
• Medical Necessity: In cases involving medical marijuana, defendants may argue they possess the drug legally for medical reasons, provided they have the appropriate documentation. Tennessee law has strict limitations on medical marijuana, but this defense may apply in certain cases.
• Chain of Custody Issues: Drug evidence must be carefully documented from seizure to presentation in court. If the chain of custody is broken, it can cast doubt on the integrity of the evidence, potentially leading to dismissal.
• Entrapment: This defense argues that the defendant was induced by law enforcement to commit a crime they wouldn’t have otherwise committed.

An experienced Tennessee drug possession attorney will analyze the case specifics and determine the best defense strategy to seek dismissal or reduction of charges.

Understanding Your Rights: Navigating Drug Possession Cases

Facing drug possession charges can be overwhelming, but it's essential to remember that you have rights. At Francavilla Law Firm, we believe that every client deserves a comprehensive understanding of their legal options. Our experienced attorneys are here to guide you through the complexities of the legal system, ensuring that you are informed and empowered at every stage of your case.

Here are some critical rights you should be aware of:

• The Right to Remain Silent: You are not obligated to answer questions from law enforcement without your attorney present.
• The Right to Legal Representation: You have the right to hire a lawyer to represent you, and we encourage you to do so as soon as possible.
• The Right to a Fair Trial: If your case goes to trial, you have the right to a fair and impartial jury.
• The Right to Challenge Evidence: You can contest the legality of evidence obtained during your arrest, which can significantly impact your case.

By understanding your rights, you can make informed decisions about your defense strategy. Our team at Francavilla Law Firm is dedicated to protecting your rights and fighting for the best possible outcome in your case. Don’t face these challenges alone—reach out to us today for a free consultation.

Contact Our Memphis Drug Possession Attorney Today

At our firm, we are ready to help you fight your drug possession charges. We can thoroughly investigate your case to determine if there was probable cause for your arrest. We can then explore possible defenses for your charges, depending on the facts of your case.

Defense strategies may include:

• Challenging the probable cause for your arrest
• Arguing entrapment by law enforcement
• Asserting your rights were violated during the arrest
• Contesting the ownership of the drugs found
• Presenting medical conditions as a defense for possession

Our Memphis drug possession attorneys are ready to help you. We can review your case and help you explore your options. We can help you fight for a more favorable outcome. We can help you protect your rights and future. We can help you move past these charges and get your life back on track.

Schedule your free case review with our Memphis drug possession lawyers at (901) 979-9992 today!