SIMPLE POSSESSION
Memphis Simple Possession Attorney
Although national attitudes concerning certain drugs like marijuana are changing, law enforcement officers and government attorneys in Tennessee continue to prosecute individuals for simply possessing illegal drugs. While a charge for “simple” drug possession may not sound too serious, a conviction can create life altering consequences for a person’s future depending on the particular drug he or she is accused of possessing.
If you are facing simple possession charges in Tennessee, contact Douglass & Runger, PLLC, Attorneys at Law, for help. With one of our seasoned Tennessee criminal defense lawyers by your side, you may be able to escape some of the harsher penalties and/or stigma associated with a drug possession conviction.
What Is Drug “Possession”?
When most people hear the term “possession,” they erroneously assume that a person can be convicted of drug possession only if the drugs are found in their pocket or purse. While either of those factual situations would support a drug possession charge, the actual legal definition of drug possession is much broader. In fact, drug “possession” can include situations in which drugs are found in a person’s area of immediate control. For example, sitting in a car with a package of drugs within arm’s reach, for example, is enough to support a drug possession conviction.
It is not uncommon for multiple individuals to be found guilty of possessing the same drugs. For example, if you are driving a friend and the friend sets his or her baggie of marijuana on the seat in between yourself and him or her, both of you may be found guilty of possessing the drugs.
What Drugs Are Covered By the Drug Possession Law?
Drugs covered by Tennessee’s drug possession laws include dangerous substances like cocaine, heroin, and methamphetamine as well as less-dangerous substances like marijuana and certain prescription drugs. The specific drugs that are prohibited are contained in “schedules” (or lists) in the law that are periodically updated.
Law enforcement officers can be over-eager and charge someone with possessing a drug when the “drug” is not listed in the schedules. It is important to have your case evaluated by a knowledgeable criminal defense attorney who can verify whether your drug is actually prohibited by law.
Penalties For Drug Possession
A conviction for simple possession of drugs is a Class A misdemeanor and can result in up to a year in jail. Subsequent convictions for simple possession can raise the severity of the offense as well as the possible penalties. For example, after three convictions for possession of drugs, subsequent convictions can be treated as a felony, which can result in up to six years in prison.
Additionally, if certain facts and circumstances exist, a person can be subjected to even more serious sanctions. For instance, if a person is found in possession of a designated “drug free” zone (like a school), the possible incarceration sanctions and fines can dramatically increase.
Finally, in addition to potential incarceration and fines and other financial penalties, individuals convicted of drug possession may be required to obtain a drug abuse evaluation and/or attend drug treatment at their own expense. This can significantly interfere with a person’s family or work commitments.
Contact A Highly Skilled Memphis Drug Possession Defense Attorney For Help Now
A charge of “simple” drug possession is anything but simple. A conviction can result in serious consequences and a stigma that can follow the individual’s reputation for years to come. Before accepting the prosecution’s plea offer or entering a plea of guilty, discuss your case with one of the firm’s highly seasoned Tennessee criminal defense lawyers. You may have certain legal defenses available that will reduce your charges or have them eliminated entirely. Contact Douglass & Runger, PLLC, Attorneys at Law, today by calling (901) 388-5805.