At Baker Associates, we have experience working with individuals who have been charged with drug offenses in Tennessee. Our experience includes representing clients who have been charged with drug possession, selling drugs, drug trafficking, and illegally obtaining prescription drugs. We also have the experience and knowledge necessary to help you understand the complex legal issues that surround these types of cases. In fact, we will fully investigate the particular circumstances of your case and fight aggressively to achieve the most favorable outcome to these charges.
If you want to effectively defend yourself against a simple possession charge, you need a skilled simple possession defense attorney who is knowledgeable in federal and state drug laws. Our attorneys have a proven track record of success in defending against possession charges and will work diligently to defend you.
Under T.C.A. § 39-17-418, it an offense for a person to,
Drug possession can be either actual or constructive. A person who knowingly has direct physical control over an object at a given time is in actual possession of it. On the other hand, a person who does not have actual possession but knowingly has both the power and intention at any given time to exercise dominion and control over the controlled substance is in constructive possession of it.
With regard to casual exchange, courts allow an inference for possession without intent to sell if there is a relatively small amount of the controlled substance in the accused's possession. To qualify as a casual exchange, the exchange can either be a gift or a transfer of possession in consideration for something else in return. The "casual" aspect of casual exchange means that the exchange did not involve the transfer of money.
To be convicted of the crime, the substance in the accused's possession must be a "controlled substance," which means a drug, substance, or immediate precursor to a drug or substance listed and described in schedules I through VIII of T.C.A. §§ 39-17-403 through 39-17-416.
Possession is a Class A misdemeanor for the first two attempts. After the second conviction, the crime is classified as a felony. Moreover, if there was an exchange of a controlled substance and the exchange was between a minor and an adult, the crime may be elevated from a misdemeanor to a felony.
It is a Class A misdemeanor for a person to distribute a small amount of marijuana not in excess of one-half (1/2) ounce (14.175 grams). If the possession is greater than this amount, then the defendant may be charged with possession with intent to sell or some other related felonious drug offense.
A Class A misdemeanor conviction carries a conviction of no greater than a year in jail and no more than a $2,500 fine, unless the casual exchange was between a minor and an adult who is at least two years older than the minor. Where the exchange was with a minor, the crime is classified as a felony, which carries longer prison sentences and steeper fines. Moreover, a person convicted of possession of marijuana on two prior occasions, commits a felony on the third conviction.
In addition to jail time and fines, a person charged with possession or casual exchange of a controlled substance may be required to attend a drug offender school or may be required to perform community service work at a drug or alcohol rehabilitation or treatment center.
While many factors must be taken into consideration when one is charged with a drug offense, such as quantity and whether there was intent to sell or distribute, much of the success of the outcome weighs heavily on the skill of the defense team. At the law offices of Baker Associates, we have worked hard to develop a good reputation within the law enforcement and legal communities. Our attorneys are known for being professionals with high standards and strong determination.
If you have been charged with possession, or any other drug offense, Baker Associates will diligently protect your rights.
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2126 First Tennessee Plaza
800 South Gay Street
Knoxville, Tennessee 37929
Phone: (865) 521-0001
Toll-free: (866) 853-2889
121 Court Avenue
Sevierville, Tennessee 37862
Phone: (865) 546-6000
Toll-free: (866) 853-2889
300 East Main Street
Johnson City, Tennessee 37601
Sevierville TN Criminal Attorney Disclaimer: The simple possession, drug crime, narcotics offense, or other legal information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer or attorney client relationship. Any results set forth here were dependent on the facts of that case and the results will differ from case to case. Please contact an attorney at our law firm. This web site is not intended to solicit clients for matters outside of the State of Tennessee.
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