Knoxville Drug Paraphernalia Attorneys

If you have been charged with possession of drug paraphernalia in Tennessee, the attorneys at the law offices of Baker Associates will employ powerful defense tactics on your behalf.

Our experience can help you understand the complex legal issues that arise when you have been charged with this crime. By investigating the issues involved we can often find weaknesses and inconsistencies in the government's case that help protect your legal rights. As a former prosecutor, Joseph A. Baker has the knowledge and experience necessary to properly defend you if you have been accused of possession of drug paraphernalia.

Possession of Drug Paraphernalia in Tennessee

Any person in the state that commits the unlawful use of drug paraphernalia is guilty of a crime. To be found guilty of this offense, the prosecution must prove beyond a reasonable doubt, the existence of the following essential elements:

• That the defendant used or possessed with intent to use, drug paraphernalia to plant, cultivate, grow, harvest, manufacture, convert, produce, pack, store, contain or conceal a controlled substance; and
• That the defendant used or possessed with intent to use drug paraphernalia to inject, ingest, inhale or otherwise introduce into the human body, a controlled substance; and
• The defendant acted either intentionally, knowingly or recklessly

Under Tennessee law, "drug paraphernalia" means all equipment, products and materials of any kind that are used, intended for use or designed for use in planting, cultivating, harvesting, manufacturing, compounding, converting, producing, processing, packaging, storing, concealing, injecting, inhaling or otherwise introducing into the human body, a controlled substance.

There are two types of possession recognized in Tennessee: actual possession and constructive possession. A person who knowingly has direct physical control over an object at any given time is in "actual possession of it." A person has constructive possession of drug paraphernalia if he or she, although not having actual possession of the items, knowingly has the power and intention at any given time to exercise dominion and control over the object.

The law also recognizes that possession may be "sole possession" or "joint possession." If one person alone has actual or constructive possession of a thing, possession is sole. If two or more people have actual or constructive possession of a thing, their possession is joint.

If you or someone you love has been charged with possession of drug paraphernalia in the state of Tennessee, you need to contact an experienced drug crime defense lawyer Knoxville immediately. Drug crimes are serious and could have grave consequences including jail time, probation or rehabilitation.

The skilled drug crime defense attorneys at Baker Associates have a thorough knowledge of Tennessee's "search and seizure" laws, which have to do with how law enforcement officials obtained drugs or paraphernalia, either from your person, dwelling or vehicle. If it was obtained by illegal, improper or unconstitutional means, then it cannot be used as evidence against you. In such cases, the court will dismiss the charges.

If you are facing a drug crime charge, please call us today to schedule a free consultation.

To schedule a complimentary evaluation with a criminal defense lawyer at our office serving Pigeon Forge, Knoxville, and Sevierville, complete the form below.

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Knox County
2126 First Tennessee Plaza
800 South Gay Street
Knoxville, Tennessee 37929
Phone: 865-521-0001

Sevier County
121 Court Avenue
Sevierville, Tennessee 37862
Phone: 865-428-2888

Washington County
300 East Main Street
Johnson City, Tennessee 37601