Franklin Drug Possession Defense Lawyer
Experienced representation for criminal defendants in Tennessee
Possession of any scheduled drug without a prescription can lead to imprisonment, huge fines, and other serious consequences. Unlike other drug crimes, with drug possession crimes, the prosecution does not have to show that you intended to possess the drugs, why you had the drug, or what you were going to do with the drugs. Just having the drugs on your person, in your home, in your car, or anywhere is sufficient to obtain a conviction.
Successful drug possession defenses often depend on technical and procedural points of law. That’s why clients rely on The Law Offices of Adrian H. Altshuler & Associates. Whether your drug possession charges are a misdemeanor or a felony, the Law Offices of Adrian H. Altshuler & Associates has the experience and advocacy skills to provide a quality defense. In addition to handling simple possession charges, we handle more serious drug offenses, such as possession of a controlled substance with intent to manufacture, deliver, or sell the controlled substance.
What types of drugs do you handle in middle Tennessee?
For more than 35 years, our criminal defense lawyer has helped obtain dismissals, acquittals, and plea reductions for many of our clients who have drug possession charges for any type of scheduled drug. Schedule I is the most serious, and Schedule V is the least serious. Schedule VI applies to marijuana and THC concentrates. Some of the drug possession cases we handle involve:
| ● Amphetamines ● Cocaine ● Crack ● Ecstasy ● Ephedrine ● Fentanyl ● GHB | ● Heroin ● Marijuana ● Methamphetamine ● Opioids ● OxyContin ● Prescription drugs ● Steroids ● Vicodin |
What are Tennessee’s drug possession laws?
In Tennessee, it is illegal to “knowingly possess or casually exchange” a controlled/scheduled substance – without a valid prescription from a professional practitioner. It is also illegal to distribute a small amount of marijuana not in excess of one-half (1/2) ounce (14.175 grams). Tennessee also makes it illegal to possess drug paraphernalia.
Generally, a violation of Tennessee’s drug possession/casual exchange law is a Class A misdemeanor, which can result in a maximum sentence of 11 months and 29 days in jail and up to a $2,500 fine. Defendants may also be required to attend a drug offender school.
There are increased penalties as follows:
- Possession of methamphetamines will result in a mandatory minimum jail sentence of 30 days.
- An adult who is at least two years older than a minor who casually exchanges drugs with a minor will be charged with a felony.
- Prior offenses can result in increased penalties. For example, heroin possession is a class E felony if the defendant has two or more prior possession convictions for any drug.
Marijuana possession laws
It is illegal in Tennessee to possess marijuana for medical or recreational purposes. Possession of marijuana in an amount of less than .5 ounces is a misdemeanor, as discussed above. Possession of marijuana of more than .5 ounces will result in a charge of possession with intent to distribute, which is a felony and carries very serious penalties.
Opioids/fentanyl
According to the state of Tennessee, “opioids are a class of drugs that include the illegal street drug heroin, synthetic substances such as fentanyl and carfentanil, and prescription pain relievers such as oxycodone, hydrocodone, and morphine.” Nearly 70,000 Tennesseans are addicted to opioids.
Tennessee is working to help people who are addicted to opioids through different programs and legislation.
Methamphetamine
As we discussed above, a conviction of possession of methamphetamines will result in a mandatory minimum jail sentence of 30 days – though defendants may still be eligible for alternative drug possession consequences.
What criminal defenses do you assert in simple possession cases?
If there was any police misconduct connected to your arrest, our investigation will work to uncover it so that our dedicated criminal defense attorney can present a compelling argument to the court to have that evidence excluded.
Our drug defense lawyer asserts every applicable factual and legal defense that applies to your case, including:
- You are innocent. You did not have possession of the drugs, or the substances seized were not illegal drugs.
- You did not have knowledge of the drugs. For example, you’re a passenger in a car in which drugs are found in the trunk of the car of the owner.
- The police conducted an illegal search and seizure. This is a common drug defense that provides that if the police violate your Constitutional rights (conduct a search without reasonable grounds or without a warrant), then the evidence of the drugs can be “excluded.” If the judge excludes the drug evidence, then the charges against you may be dismissed if there is no other evidence. The Law Offices of Adrian H. Altshuler & Associates challenges police procedures in drug possession cases, including contesting:
- The reasonable suspicion for a stop
- The legality of a frisk or pat-down
- That there was probable cause to search a person
- That there was probable cause to search a car
- That there were legal grounds to enter a residence
- Chain of custody. We work to exclude evidence if the prosecution cannot show who handled the drugs from the time of the arrest going forward.
- Overdose prevention and immunity. Tennessee law does provide immunity to a drug possession charge for Good Samaritans who call 911 if someone is having an overdose and for the person (subject to certain conditions) who is having the overdose.
We represent adults and juveniles who are facing drug possession charges.
Are there alternatives to incarceration for drug possession offenses in Tennessee?
Tennessee does provide some alternatives to incarceration (and possibly to a conviction). We do pursue those alternatives, which include:
- Pretrial Diversion. Generally, if you have no prior serious convictions, the prosecution may agree not to pursue the drug charges if you stay out of trouble, obtain drug counseling, and comply with any other terms. On completion of the conditions, the court will dismiss the charges. If the defendant does not complete the conditions, the prosecutor can proceed with the drug possession case.
- Judicial Diversion. Here, the judge accepts a defendant’s guilty plea if the defendant does not have a felony or a Class A misdemeanor on their record. The judge will dismiss the case if the terms of the judicial diversion are met. If the defendant does not complete the conditions, then the guilty plea is entered, and the judge will impose a sentence.
- Recovery Courts. Tennessee has different types of recovery courts that focus on treatment rather than incarceration. These courts include adult recovery courts as well as courts for veterans, people with mental health problems, DUI offenses, and juvenile and family drug courts. Defendants who are accepted do plead guilty. Instead of incarceration, defendants with addiction problems undergo “intense judicially-supervised treatment, mandatory periodic drug testing, community supervision and use of appropriate sanctions and other rehabilitation services.” If the defendant does not complete the terms of the program, the guilty plea will be entered, and the court will sentence the defendant.
Do you have a drug possession defense lawyer in Franklin, Brentwood, and Columbia?
Yes. We meet clients at the following locations:
Franklin Office
219 3rd Avenue N.
Franklin, Tennessee 37064-2504
Columbia, TN
Columbia Office
604 North High Street
Columbia, Tennessee 38401
Brentwood, TN
Brentwood Office
1616 Westgate Cir Ste 363,
Brentwood, TN 37027
We also meet clients who are being detained at the place of detention.
Contact our respected middle Tennessee drug crime lawyer now
Tennessee residents accused of drug possession can rely on the Law Offices of Adrian H. Altshuler & Associates to protect their rights and assert all their defenses. We’ve helped numerous defendants protect their rights and preserve their freedom. Our Franklin, Brentwood, and Columbia, Tennessee lawyers are ready to help you now. Call us today or use our convenient online form to schedule your free initial consultation.
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