In Tennessee, it is against the law to be found in possession of certain drugs. Depending on the weight and type of drug seized, together with other pieces of evidence like scales, cash, and baggies, you could be facing significant jail time.
Drug-related crimes can threaten your professional image, personal life, and freedom. Convictions worsen depending on the quantity, your criminal background, and other factors proving the drugs were meant for distribution.
The nature of the drug crime determines if it will be classified as a felony or misdemeanor. Drug manufacturing, trafficking and sales are charged as felonies and can carry a mandatory jail time.
Tennessee takes a hard stance on drug crimes and has imposed stringent penalties for anybody found guilty.
If drug-related charges have been brought against you, you’ll want to enlist a Nashville drug crimes lawyer who understands Tennessee drug laws and how to build a solid defense.
At Byron Pugh Legal, we take drug charges very seriously as well. We are aware that drug convictions can have destructive ramifications on a person’s life beyond serving a prison sentence and a fine. So don’t handle drug charges by yourself.
If you’ve been apprehended over a drug violation, our Nashville drug crime lawyers have the resources, skills and experience to help protect your rights and ensure your freedom.
We will review the charges, ensure due diligence was upheld and provide you with possible case outcomes. Contact our crime defense attorneys today at 615-255-9595 or fill out our online form to arrange a FREE initial consultation.
Types of Drug Crimes in Nashville, Tennessee?
Tennessee drugs are considerably more elaborate than you may presume. Even though any sort of drug offense can place your future in jeopardy, a person can be charged with many types of drug crimes.
The exact charge will be contingent on the sort of drug involved and what your intentions with the drug were. The top drug crimes our Nashville Drug Crimes attorneys can help defend against include:
- Possession: This charge suggests that you’ve been found with a controlled substance, such as marijuana, cocaine, heroin, methamphetamines, ecstasy and so on. This is classified as a Class A misdemeanor.
- Possession with Intent to Distribute: This charge refers to distributing or selling controlled substances in quantities too large to be considered for personal use. It is classified as a felony offense. Intent is included in the offense because the quantity suggests that the possessor has the aim of selling the controlled substance.
- Sale of a Controlled Substance: Any sale of a controlled substance in Tennessee is classified as a felony, regardless of quantity. It is usually charged when a confidential informant or officer witnesses a drug sale.
- Drug Trafficking and Conspiracy: It is typically charged when an individual is alleged to be part of the large-scale production, distribution, transportation, and sale of a controlled substance. There are mandatory minimum penalties for this charge.
- Drug Manufacturing: This is among the worst drug crimes you can be accused of. It refers to the cultivation, production, or synthesis of controlled substances, like manufacturing meth or growing marijuana.
Tennessee Drug Possession Laws
Drug possession laws in Tennessee vary depending on the kind and quantity of controlled substances confiscated.
Understanding Tennessee Misdemeanor Laws for Drug Crimes
For many first-time offenders in Tennessee, being charged with simple possession of drugs is categorized as a Class A misdemeanor.
This misdemeanor drug charge can result in severe legal consequences, including a prison sentence of up to 11 months and 29 days and a fine of up to $2,500. Given the serious nature of these penalties, it is crucial to have an experienced Tennessee criminal attorney to help navigate the charges.
If convicted of misdemeanor drug crimes, you may be required to participate in a drug offender education class or perform community service. These additional requirements aim to rehabilitate offenders and reduce the likelihood of future drug crimes.
It is important to note that in Tennessee, simple possession is the only drug crime classified as a misdemeanor. Other drug crime charges, such as possession with intent to distribute, manufacturing, or trafficking substances like cocaine, heroin, marijuana, or prescription drugs, are classified as felony charges and carry much harsher penalties.
Given the potential consequences of a misdemeanor drug charge, it is essential to seek the guidance of a knowledgeable Nashville criminal attorney or Nashville drug crime lawyer. An experienced drug crime defense attorney can help you understand the specifics of your charges, explore your legal options, and build a robust defense strategy aimed at minimizing the impact of the charges on your life.
Felony Drug Crime Laws in Tennessee
Possession with the intent to sell or distribute a controlled substance, drug manufacturing, and drug trafficking are considered serious offenses and are categorized as felonies under Tennessee drug crime laws.
These felony drug crimes come with harsher penalties compared to misdemeanor charges.
A felony conviction for drug crimes often leads to severe consequences, including property forfeiture, prison time, fines, license suspension, probation, and community service.
The specific fines and penalties for felony drug charges depend on the nature and seriousness of the crime.
In Tennessee, felony drug crimes are classified from Class A to Class E felonies, with varying degrees of penalties:
- Class A Felonies: Carry sentences ranging from 15 to 60 years.
- Class B Felonies: Carry sentences ranging from 8 to 30 years.
- Class C Felonies: Carry sentences ranging from 3 to 15 years.
- Class D Felonies: Carry sentences ranging from 2 to 12 years.
- Class E Felonies: Carry sentences ranging from 1 to 6 years.
Not only will getting a guilty verdict on any number of drug violations lead to legal consequences, but it will also result in career-based, social and familial penalties.
Your career goals, qualification for student aid, housing, and ability to buy a firearm may be impacted by a felony conviction.
Considering the severe legal ramifications associated with drug-related charges, it is crucial to hire trusted Nashville drug crimes defense attorneys from Byron Pugh Legal.
Our drug crime lawyers will take on an aggressive approach to contest the validity of the charges or compile supporting evidence to prove your innocence. In case you are convicted, we will negotiate with prosecutors to get you a less damaging case outcome.
Defense Strategies and Protecting Constitutional Rights in Nashville Drug Crime Cases
At Byron Pugh Legal, we prioritize a strategic defense rooted in a thorough understanding of constitutional rights, particularly when handling drug crime cases in Nashville. Our approach emphasizes safeguarding the rights granted by the Fourth Amendment, ensuring any evidence against you has been obtained lawfully. Below, we outline the core strategies we use to defend clients facing drug charges in Nashville and the surrounding areas.
Challenging Evidence through Search and Seizure Rights
Unlawful Search and Seizure Defense
One of the most effective defense strategies in drug crime cases is challenging the legality of searches and seizures. The Fourth Amendment protects citizens from unreasonable searches, meaning that law enforcement must have a valid warrant or established probable cause to search your property or vehicle. If an officer conducted a search without proper grounds, we can file to have any unlawfully obtained evidence suppressed, which often weakens or dismisses the prosecution’s case.
Analyzing Probable Cause
Our team examines every aspect of how law enforcement established probable cause in your case. If there was no legitimate reason for the search, we may argue that the evidence should be considered inadmissible. Common issues we assess include:
- Traffic Stops and Vehicle Searches: We analyze if the stop was legally justified and whether law enforcement exceeded their scope in searching your vehicle.
- Home Searches: Without a valid search warrant, searches conducted in a private residence often violate constitutional protections, making any evidence found potentially invalid.
Identifying Weaknesses in the Prosecution’s Case
Questioning the Validity of Evidence
The prosecution bears the burden of proving each element of a drug crime charge beyond a reasonable doubt. As experienced Nashville drug crime defense attorneys, we closely scrutinize the prosecution’s evidence, looking for weaknesses that could lead to dismissal or reduced charges. Areas we commonly challenge include:
- Chain of Custody: We investigate whether the evidence was properly handled, stored, and documented from the time it was collected until trial. Any lapses can lead to evidence tampering claims.
- Testing Procedures: For controlled substances, lab testing must meet strict standards. We verify whether these procedures were correctly followed, as inaccuracies in testing can undermine the prosecution’s case.
Entrapment Defense
In cases where law enforcement may have induced an individual to commit a drug-related offense, we consider the entrapment defense. If our client was coerced or pressured into committing the alleged crime, this could serve as a powerful defense in court.
Protecting Your Rights Every Step of the Way
Drug crime cases can be highly complex, but our priority is to protect your rights and pursue the most favorable outcome. Byron Pugh Legal works tirelessly to ensure any possible violation of your rights is addressed, empowering clients with a comprehensive defense strategy designed to fight for justice and fairness in every Nashville courtroom.
If you or a loved one is facing a drug charge, reach out for a free case evaluation to learn more about how we can defend your rights and protect your future.
Possible defenses we may use include:
No Probable Cause
Everybody is assured due process of the law under the Fourth Amendment of the U.S. Constitution. This includes lawful seizure and search procedures, which are common grounds for drug crimes.
Police are only allowed to violate your personal space and freedom if they believe you are about to or have committed
The law doesn’t allow officers and prosecutors to benefit from unlawful searches. Contesting that the officer didn’t have probable cause to search you, your house, or your car is a potential defense strategy.
If your rights were infringed during the arrest, we will push for dismissal and make sure the drugs aren’t presented in court as evidence.
Not Guilty in Simple Possession Cases
Pleading not guilty is another common defense strategy in drug possession cases. You can argue the drugs don’t belong to you or that you didn’t know they were in the vehicle or house at the time of arrest.
In simple possession cases, we can use this defense approach to prove you didn’t know about the drugs and, therefore, not yours.
Types of Drug Possession Charges We Handle in Nashville, Tennessee
At Byron Pugh Legal, we understand that drug crime charges vary widely in terms of severity, penalties, and required defense strategies. Our team is experienced in defending a range of drug possession charges across Nashville and Middle Tennessee, from misdemeanor possession cases to felony trafficking. Below is a breakdown of the types of cases we handle, along with specific defense strategies to protect your rights and ensure every facet of your case is thoroughly examined.
Common Drug Possession Charges in Nashville
Misdemeanor Drug Possession
Simple possession or casual exchange is often classified as a misdemeanor in Tennessee when it involves smaller amounts of drugs like marijuana or prescription drugs without intent to distribute. Penalties can still include fines, probation, or short jail sentences, but strong defense strategies focus on proving lack of intent or disputing the validity of the search and seizure.
Felony Drug Possession
Possession of larger quantities, particularly for drugs such as cocaine, heroin, or methamphetamine, can lead to felony charges. Felony possession cases carry heavier penalties, including years of imprisonment and substantial fines. We challenge evidence in these cases by investigating if law enforcement followed proper Fourth Amendment procedures during any search and if the chain of custody for evidence is intact and accurate.
Possession with Intent to Distribute
Charges of possession with intent to distribute apply when an individual is found with a quantity of controlled substances suggesting they intended to sell or distribute. Evidence may include large amounts of cash, packaging materials, or digital communications indicating drug sales. In these cases, we examine each piece of evidence for weaknesses, such as unlawful search, unreliable witnesses, or procedural errors.
Drug Trafficking and Distribution
Drug trafficking is a severe felony charge often associated with transporting significant quantities of drugs across state lines or distributing within drug-free zones, which can lead to enhanced penalties. Our defense strategies for trafficking charges often involve scrutinizing the evidence collection process, questioning informant credibility, and challenging the prosecution’s narrative of intent.
Prescription Drug Crimes
Prescription drug charges are increasingly common, including unauthorized possession of opioids, stimulants, or sedatives. Prescription drug offenses carry penalties similar to those for illegal substances, particularly for possession without a valid prescription or intent to distribute. Defense tactics include verifying prescription legitimacy and challenging evidence of intent.
How Our Drug Crime Defense Lawyers Can Help You
Although being the suspect of or getting arrested for a drug-related violation can be intimidating, keep in mind that it isn’t a conviction. The moments following the arrest are integral.
Contact a qualified drug crime defense attorney before saying anything to law enforcement. Whatever you say in these moments will be used against you.
Enlist a skilled drug crime lawyer who scrutinizes evidence and looks at the circumstances surrounding the case from different angles.
Involving a drug crime defense attorney from Byron Pugh Legal early on really matters; it can unearth new evidence and assist in developing a proactive defense approach. Trials need robust preparation. Here’s how we can help:
- Evidence Evaluation: Crime defenses usually depend on the quality and authenticity of evidence. Our legal team will thoroughly review the details of the evidence – from the seizure and arrest to how they were handled.
- Questioning the Arrest: A considerable number of drug arrests can, at times, be stemmed from questionable practices. Were there reasonable grounds for the traffic stop or initial search? Were you presented with a search warrant? Were you read your rights upon arrest? We will look into the nitty-gritty aspects of your arrest.
- Plea Bargains: If heading to court isn’t in your best interests, we will spearhead negotiating a favorable plea bargain with the prosecutor that lessens the punishment.
- Motion to Suppress Evidence: A big part of our defense approach will entail evaluating the authenticity of the evidence brought against you. If we find things not up to par, we will contest its admissibility.
- Trial Defense: If negotiations fall through, our legal team is not afraid to take the case to court. We have extensive experience providing robust and unyielding defense in courtrooms and know the nuances of Tennessee drug laws that may help get you a favorable case outcome.
Frequently Asked Questions About Drug Possession Charges in Nashville, Tennessee
What are the penalties for drug possession in Nashville, Tennessee?
Penalties for drug possession vary based on the drug type, quantity, and whether there was intent to distribute. Misdemeanor charges, often involving small amounts of drugs like marijuana, can result in fines, probation, or short jail terms. Felony possession, particularly involving substances like cocaine, heroin, or methamphetamine, can lead to long-term imprisonment and substantial fines. The severity of the charge also depends on factors such as prior convictions and if the arrest occurred in a drug-free zone.
What does “possession with intent to distribute” mean in Tennessee?
In Tennessee, possession with intent to distribute refers to cases where someone is found with a significant quantity of a controlled substance, suggesting they planned to sell or distribute it. Indicators may include large amounts of cash, scales, or packaging materials. Intent to distribute is a more serious offense than simple possession and typically results in felony charges with harsher penalties.
Can I be charged with drug trafficking in Nashville for small amounts?
Drug trafficking charges generally apply to large quantities of controlled substances or evidence suggesting interstate transport, which may trigger federal jurisdiction. However, factors such as proximity to a school zone or connections to organized networks can escalate even moderate possession to trafficking in some cases. Drug trafficking penalties are severe, often leading to extensive prison sentences and high fines.
How does Nashville law treat prescription drug possession without a prescription?
Possession of prescription drugs without a valid prescription is illegal in Tennessee and is treated similarly to other controlled substances. Common prescription drug charges involve opioids, stimulants, or sedatives. If charged, you may face misdemeanor or felony penalties depending on the amount and any evidence suggesting intent to distribute.
Can my drug possession charges be dismissed in Tennessee?
Yes, dismissal is possible, particularly if there were constitutional violations, such as illegal search and seizure, or if law enforcement did not have probable cause. A skilled Nashville drug possession lawyer can file motions to suppress evidence obtained unlawfully, which may lead to the prosecution dropping or reducing charges.
What are the common defenses against drug possession charges in Tennessee?
Typical defenses include challenging unlawful search and seizure, proving lack of possession knowledge, and questioning the evidence’s chain of custody. For example, if drugs were found in a shared space, it might be challenging for the prosecution to prove they belonged to you. Additionally, Fourth Amendment violations or procedural errors can lead to evidence being excluded, often weakening the prosecution’s case.
Does Tennessee have a drug court program?
Yes, Tennessee offers drug court programs in certain counties, including Davidson County (Nashville), to provide non-violent offenders an alternative to incarceration. These programs focus on rehabilitation, requiring regular drug testing, treatment, and court appearances. Successful completion may lead to reduced sentences or dismissed charges, but eligibility varies based on the offense and criminal history.
How can a Nashville drug possession lawyer help reduce my charges?
A knowledgeable Nashville drug possession lawyer can analyze your case for weaknesses, such as procedural errors or violations of your constitutional rights. They can negotiate with prosecutors for reduced charges, potentially shifting a felony charge to a misdemeanor or seeking alternative sentencing options like probation or drug court.
What is the difference between drug possession and drug paraphernalia charges?
Drug possession involves having controlled substances, whereas drug paraphernalia charges relate to items used for consumption, production, or distribution of drugs, such as pipes, syringes, or scales. Paraphernalia charges can be added to possession charges, increasing potential penalties, but defenses often focus on challenging the intended use of the items.
Can a felony drug conviction be expunged in Tennessee?
Expungement options are limited for drug-related felonies, but certain non-violent, lower-level offenses may qualify under Tennessee law. Misdemeanors are more commonly eligible, and it’s essential to consult with an attorney to understand your options based on the specific charges and court outcomes.
Why is chain of custody important in drug possession cases?
Chain of custody is critical to ensure that evidence has not been tampered with or mishandled. Each step, from collection to trial, must be documented. A break in the chain of custody can lead to questions about the evidence’s authenticity, potentially making it inadmissible in court and undermining the prosecution’s case.
For personalized guidance on defending against drug possession charges in Nashville, contact Byron Pugh Legal at 615-255-9595 for a free case evaluation today.
Resources for Understanding Drug Possession Laws in Nashville, Tennessee
For those facing drug-related charges in Nashville, having access to the right information is essential. The Byron Pugh Legal team offers in-depth blog articles that cover various aspects of Tennessee drug laws, providing valuable insights into the complexities of drug possession cases and the legal processes involved.
Simple Possession and Casual Exchange in Nashville
This article breaks down the distinctions between simple possession and casual exchange in Tennessee, two common drug charges for minor amounts of controlled substances like marijuana. Learn about the penalties for these misdemeanor offenses and defense strategies that can reduce or dismiss charges.
Drug Court in Nashville: An Alternative to Incarceration
Nashville’s drug court offers an alternative for non-violent offenders, focusing on rehabilitation rather than incarceration. This article covers eligibility criteria, program requirements, and the potential benefits of drug court for qualifying participants, including reduced sentences or charge dismissal.
Understanding Drug Trafficking Charges in Tennessee
Drug trafficking is a severe felony in Tennessee with potentially harsh penalties, especially when trafficking occurs near schools or across state lines. This resource provides an overview of trafficking laws, the types of substances involved, and essential defense strategies.
Defending Against Drug Possession Charges in Nashville
Learn about the core defense strategies Byron Pugh Legal employs for drug possession cases, from challenging illegal searches and seizures to questioning evidence validity. This guide explains how effective defense tactics can lead to reduced charges or case dismissal, protecting your rights at each stage.
Drug Possession at the Workplace: Legal Implications in Tennessee
Drug possession at work can lead to immediate job loss and criminal charges. This article discusses the legal implications, potential defenses, and the importance of knowing your rights if you’re facing drug possession charges related to your employment.
For more information on defending against drug-related charges in Nashville or for personalized guidance, contact Byron Pugh Legal at 615-255-9595 today.
Consult Our Experienced Nashville Drug Crimes Defense Lawyers Today!
If you are either being investigated or have been arrested for a drug-related crime, the defense attorney you enlist to protect your rights may be the difference between your freedom and incarceration.
Considering Tennessee’s harsh laws and the consequences of drug crimes, you cannot afford to be lax when these charges are brought against you. Ensure that you reach out to a seasoned drug crime defense attorney immediately.
You can rely on our Nashville drug crimes lawyers at Byron Pugh Legal to safeguard your future, clear your name, and secure your future.
Contact us now at 615-255-9595 or fill out our online form to arrange a no-cost initial consultation and case review.