If you have been charged with drug possession in Tennessee, you may be feeling overwhelmed and uncertain about your future. However, it is important to remember that you have legal rights and options, and that there are experienced criminal defense attorneys who can help you fight the charges and protect your interests.
At Patton & Pittman Attorneys, our team of drug possession lawyers has experience representing clients in Clarksville and throughout Tennessee who have been accused of drug crimes. We understand the nuances of the state's drug possession laws and have the skills and resources necessary to mount an effective defense on your behalf. In this guide, we will discuss some of the potential defenses to drug possession charges in Tennessee, as well as what an attorney can do to help you avoid a conviction or even formal charges in the first place.
Defenses to Drug Possession Charges in Tennessee
There are a number of defenses that may be available to you if you have been charged with drug possession in Tennessee. These include:
Unlawful Search and Seizure: The Fourth Amendment of the U.S. Constitution protects individuals from unreasonable searches and seizures by law enforcement. If the police conducted an illegal search of your person, vehicle, or home, any evidence they obtained as a result may be suppressed and deemed inadmissible in court.
Lack of Possession: To be convicted of drug possession, you must have had actual or constructive possession of the drug. If the drugs were found in a shared area, such as a common living room or car, it may be difficult for the prosecution to prove that you were the one in possession of the drugs.
Prescription or Medical Use: If you have a valid prescription for the drugs in question, or were using them for a legitimate medical purpose under the care of a physician, you may have a defense against the charges.
Entrapment: If you were coerced or encouraged by law enforcement to commit the drug possession offense, you may have a defense based on entrapment.
What an Attorney Can Do to Help You Avoid a Conviction
A skilled drug possession lawyer can do much more than simply mount a defense to the charges against you. They can also work proactively to prevent formal charges from being filed in the first place. Some of the steps an attorney may take on your behalf include:
Negotiating with the Prosecutor: In some cases, an attorney may be able to negotiate with the prosecutor to have the charges against you reduced or dropped entirely.
Arguing for Diversion or Alternative Sentencing: If you are a first-time offender or have extenuating circumstances, your attorney may be able to argue for diversion or alternative sentencing, such as drug treatment programs, community service, or probation, rather than incarceration.
Challenging the Evidence: Your attorney can conduct an independent investigation into the circumstances surrounding your arrest and the evidence against you, looking for weaknesses or inconsistencies that can be used to challenge the prosecution's case.
At Patton & Pittman Attorneys, our goal is to provide you with the best possible defense against drug possession charges. We understand the stress and uncertainty that come with a criminal charge, and we will work tirelessly to protect your rights and your future. Contact us today to schedule a consultation with one of our experienced Clarksville drug possession defense lawyers.