Knoxville Drug Possession Lawyer
Defending Clients in Knoxville, Nashville, Memphis, & Chattanooga
Being arrested for drug possession can be a very distressing experience. Our attorneys understand what you are going through and are here to help you fight the charges you face.
At Eldridge & Blakney, PC, we are committed to helping our clients achieve the best possible results. We provide aggressive and knowledgeable legal representation to individuals charged with all types of drug offenses, including drug possession.
What Is Drug Possession?
Drug possession is a criminal offense that involves having illegal drugs or controlled substances for personal use. In Tennessee, it is illegal to possess a variety of drugs, including marijuana, methamphetamine, cocaine, heroin, and LSD. It is also illegal to possess certain prescription drugs without a valid prescription.
Drug possession is a serious crime that can result in severe criminal penalties. If you are convicted, you may be sentenced to jail or prison, ordered to pay expensive fines, and required to complete a drug treatment or rehabilitation program. A drug possession conviction can also have other long-term consequences, such as a permanent criminal record that can make it difficult for you to get a job, find a place to live, or obtain certain professional licenses.
What Are the Penalties for Drug Possession?
The penalties for drug possession in Tennessee depend on several factors, including the type of drug involved. The penalties for a drug possession conviction are as follows:
- Class A misdemeanor: Up to 11 months and 29 days in jail and/or a fine of up to $2,500
- Class E felony: Between 1 and 6 years in prison and/or a fine of up to $3,000
- Class D felony: Between 2 and 12 years in prison and/or a fine of up to $5,000
- Class C felony: Between 3 and 15 years in prison and/or a fine of up to $10,000
- Class B felony: Between 8 and 30 years in prison and/or a fine of up to $25,000
- Class A felony: Between 15 and 60 years in prison and/or a fine of up to $50,000
It is important to note that these are the basic penalties for a drug possession conviction. If you have a prior drug conviction, you may face enhanced penalties. If you are charged with drug possession with the intent to sell, you may face even more severe penalties.
How Do You Beat a Drug Possession Charge?
Being charged with drug possession does not mean you are automatically guilty. There are several defenses that may be available to you, depending on the circumstances of your case. A Tennessee drug possession lawyer can review the facts of your case and help you determine the best defense strategy.
Some of the most common defenses to drug possession charges include:
- Illegal search and seizure: The Fourth Amendment to the U.S. Constitution protects you from unreasonable searches and seizures. If the police violated your Fourth Amendment rights, any evidence they obtained may be inadmissible in court. This could result in your charges being reduced or dismissed.
- Lack of knowledge: To be convicted of drug possession, the prosecution must prove that you knew the drugs were in your possession. If you did not know the drugs were present, you cannot be convicted.
- Drugs were not yours: If the drugs did not belong to you, you cannot be convicted of drug possession. However, you may be charged with a different drug offense, such as drug manufacturing or drug trafficking, depending on the circumstances.
- Crime lab analysis: The prosecution must prove that the substance in question is an illegal drug. A crime lab analysis is typically used to establish this. If the prosecution is unable to produce a crime lab report or the report is inconclusive, the charges against you may be reduced or dismissed.
These are just a few examples of the defenses that may be available to you. A drug possession lawyer in Tennessee can help you determine the best defense strategy based on the unique circumstances of your case.
Can You Go to Jail for Drug Possession?
Yes, you can go to jail for drug possession. As mentioned above, the penalties for a drug possession conviction in Tennessee include jail or prison time. The specific penalties depend on several factors, including the type of drug involved and whether you have any prior drug convictions.
How Long Does a Drug Possession Charge Stay on Your Record?
In Tennessee, a drug possession conviction will stay on your criminal record indefinitely unless you are able to get the conviction expunged. However, a drug possession conviction will only appear on a criminal background check for seven years after the date of the conviction.
If you are convicted of a drug possession offense, you may be able to get the conviction expunged. Expungement is a legal process that allows you to have your criminal record sealed or destroyed. If your record is expunged, you can legally state that you have never been convicted of a crime. This can make it much easier to find a job, rent an apartment, or obtain certain professional licenses.
Why Choose Eldridge & Blakney, PC?
- We are a team of experienced legal professionals who are committed to helping our clients achieve the best possible results.
- We have a proven track record of success and have helped countless individuals achieve favorable outcomes in their cases.
- Our experienced Knoxville drug possession attorneys provide personalized legal services tailored to the unique needs and goals of each client we serve.
Call for a Consultation with a Knoxville Drug Possession Attorney
Our attorneys are ready to put their skills, experience, and resources to work for you. We will fight tirelessly to defend your rights and protect your future. When you choose our firm, you can be confident that your case is in good hands.
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