Before one can face charges of drug possession, they should have been found with substances whose use is controlled or are illegal under the law. There are different levels of severity to the charges, some of them being possession, intent to distribute and cultivation. The penalties for the charges are varied, with the last being among the most serious. In consideration of drug possession defense Memphis tn residents ought to know the various options they have at hand.
Most of the charges need the services of experienced and skilled criminal defense attorneys. By understanding the circumstances surrounding the charges, the attorney is able to come up with the best defense and if all goes well be able to get one cleared. Being arrested because one is found with drugs means it has been determined that they are under the full control of the individual. Depending on the possessed drugs, the penalties will vary. The quantity is also a determining factor.
Law enforcement officers are allowed under the law to search any individual, their premises or vehicle whenever they are under the notion that one could be having some drugs. In such an instance, it is best to fully cooperate with the police, even when it is not in their favor. Resisting searches makes one to risk more charges, one of them being obstruction. In the case that one is innocent, cooperation can never be used against them. Further, they will still have the right to speak to a lawyer after or before charges are pressed.
The sooner one gets the services of a lawyer, the better. All the details in cases such as these are important. They can be used in proving that the arrest was not valid as a result of technicalities on the part of the officers or those that conducted the search. It could also be that there was no proof about the whole incidence.
Denial of the charges is among the commonest forms of defense. One may say the drugs are not hers or his, or they were never aware they were there. Experienced criminal lawyers will pressurize the prosecution to prove the drugs actually belong to their client and not to passengers in the car for example. In most cases, one is required to deny the accusations even when they are found with the drugs.
There is the defense that another person may have planted the drugs there. While this may be an effective form of defending oneself, it may not be easy to prove. This is since sworn testimonies of police officers have a lot of weight within the courtroom. That aside, it is rare to find a law enforcement officer that is willing to blow the whistle on another.
There are instances when the Fourth Amendment rights of the individual are violated, which can be used in their favor. If the drugs were obtained through an illegal search and by seizure of the property of the individual, they may not be admissible. As a result, the charges could be dismissed.
It should be remembered that simply being charged with possession of drugs is not surety that one will be convicted. The accused should also not try to defend themselves. The services of attorneys are almost a mandatory requirement.
Most of the charges need the services of experienced and skilled criminal defense attorneys. By understanding the circumstances surrounding the charges, the attorney is able to come up with the best defense and if all goes well be able to get one cleared. Being arrested because one is found with drugs means it has been determined that they are under the full control of the individual. Depending on the possessed drugs, the penalties will vary. The quantity is also a determining factor.
Law enforcement officers are allowed under the law to search any individual, their premises or vehicle whenever they are under the notion that one could be having some drugs. In such an instance, it is best to fully cooperate with the police, even when it is not in their favor. Resisting searches makes one to risk more charges, one of them being obstruction. In the case that one is innocent, cooperation can never be used against them. Further, they will still have the right to speak to a lawyer after or before charges are pressed.
The sooner one gets the services of a lawyer, the better. All the details in cases such as these are important. They can be used in proving that the arrest was not valid as a result of technicalities on the part of the officers or those that conducted the search. It could also be that there was no proof about the whole incidence.
Denial of the charges is among the commonest forms of defense. One may say the drugs are not hers or his, or they were never aware they were there. Experienced criminal lawyers will pressurize the prosecution to prove the drugs actually belong to their client and not to passengers in the car for example. In most cases, one is required to deny the accusations even when they are found with the drugs.
There is the defense that another person may have planted the drugs there. While this may be an effective form of defending oneself, it may not be easy to prove. This is since sworn testimonies of police officers have a lot of weight within the courtroom. That aside, it is rare to find a law enforcement officer that is willing to blow the whistle on another.
There are instances when the Fourth Amendment rights of the individual are violated, which can be used in their favor. If the drugs were obtained through an illegal search and by seizure of the property of the individual, they may not be admissible. As a result, the charges could be dismissed.
It should be remembered that simply being charged with possession of drugs is not surety that one will be convicted. The accused should also not try to defend themselves. The services of attorneys are almost a mandatory requirement.
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