Nashville Drug Charges Defense Lawyer

Drug Charges Defense

Philip N. Clark, Esq.

If you’re looking for an attorney who can defend you against drug charges, you’ve come to the right place. Attorney Philip N. Clark understands the seriousness of drug charges and how they can impact you and your loved ones. People often believe drug charges are minor offenses; however, they can cause significant harm to your reputation and future opportunities.

Whether you are facing charges for possession of marijuana, prescription narcotics, heroin, or cocaine, you need a competent and knowledgeable drug charges attorney who will work diligently for you and with the utmost professionalism. Give Nashville defense lawyer Philip N. Clark a call or request a consultation right away.

Information about drug charges

There are five types of drug-related charges in the state of Tennessee.

• Simple Possession, Casual Exchange
• Possession with Intent
• Sale of a Controlled Substance
• Drug Trafficking and Conspiracy
• Drug Manufacturing

Simple Possession, Casual Exchange – If you have been arrested for a small amount of a controlled substance (typically less than .5 grams), you may be charged with simple possession, casual exchange. This is a Class A misdemeanor, which may result in incarceration of up to 11 months, 29 days and a fine of up to $2,500. A second offense or greater may face a Class E felony, which carries a potential sentence of one to six years and a fine of up to $3,000. In addition to jail and fines, the judge may require you to complete a drug education class.

Possession with Intent (known in many states as intent to sell or distribute) – Tennessee has determined that possession of certain amounts of drugs indicate that the drugs one possesses is for more than recreational use (a strong sign that one intends to sell the narcotics). Possession of items like scales used to weigh drugs for resale, bags or other containers used to package drugs, large quantities of unclaimed cash, etc., can contribute to the elevated charge of intent to distribute. This does not mean the offender is presumed guilty of a felony drug crime; the state of Tennessee must still prove possession of the drugs with intent to sell or distribute beyond a reasonable doubt. Possession with intent is a serious charge with serious penalties. Intent to distribute is a felony offense in Tennessee. A felony conviction can carry highly destructive life consequences, including loss of voting rights and firearm privileges, large fines, exclusion from certain categories of employment, probation, and possibly prison time.

Sale of a Controlled Substance – Sale of a controlled substance in Tennessee is a felony; any sale, regardless of the amount, is classified as a felony offense in Tennessee. When sale of a controlled substance is charged, a law enforcement officer has typically directly observed a drug sale or the sale involved a confidential informant or undercover officer. The sentence is generally determined by the type and amount of drug(s) involved, location of the sale, and the number of prior felonies on the record of the person being charged.

Possession of Drug Paraphernalia – Possession of drug paraphernalia in Tennessee is a Class A misdemeanor punishable by up to 11 months, 29 days in jail. Many common household items often serve as a basis for drug paraphernalia charges. For example, a kitchen spoon is perfectly legal to own and possess, but if it is burned on the bottom and the handle has been bent, it could be considered drug paraphernalia. Certain factors are used to determine whether an object is drug paraphernalia:

• Statements by the owner or anyone in control of the object concerning its use.
• Prior convictions, if any, of the owner or of anyone in control of the object for violation of any state or federal law relating to controlled substances or controlled substance analogues.
• The existence of any residue of controlled substances on the object.
• Instructions, oral or written, provided with the object concerning its use.
• Descriptive materials accompanying the object that explain or depict its use.
• The manner in which the object is displayed for sale; for example, bongs sold in tobacco shops are often clearly marked as being for use with tobacco/ hookah.
• The existence and scope of legitimate uses for the object in the locale or community.
• Expert testimony concerning its use.

For more information on drug charges in Tennessee, take a look at Tenn. Code Ann. § 39-17-401 et seq.

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