In Tennessee, drug charges can range from a misdemeanor to a felony. The severity of the charge depends on the type and amount of drugs involved in the arrest. For instance, possession of a small amount of marijuana (cannabis) is usually considered a misdemeanor, while possession of large quantities of cannabis, cocaine, or heroin can result in a felony. Penalties for the sale, delivery and manufacture of a controlled substance (Tennessee Code Ann.) can involve many years in jail, hefty fines and the seizure of personal property and vehicles.
If you were arrested for selling, manufacturing, delivering, or other activities involving large quantities of controlled substances, you may face a drug trafficking charge. Tennessee prosecutors are very aggressive when it comes to drug charges, and the law provides for severe punishments if convicted. Having experienced legal representation on your side can strengthen your ability to contest charges. Nashville drug trafficking lawyer Bernie McEvoy has successfully defended people in Davidson and Williamson Counties in complex drug crime cases. He has the knowledge to guide you through criminal proceedings and defend your rights after an arrest for trafficking in marijuana or other drugs.
Drug trafficking laws in Tennessee prohibit a person from knowingly manufacturing, delivering, or selling a controlled substance. Drug trafficking is illegal under federal and Tennessee laws. If the drugs involved were transported across state or international borders, for example, the crime can be prosecuted as a federal offense. It is also a crime to knowingly possess a controlled substance with the intent to manufacture, deliver, or sell it. This crime is covered by Tennessee drug trafficking law, but is often referred to as “intentional possession”.
The law makes it possible to deduce that, based on the amount of a controlled substance or substances a person possesses, together with other relevant facts related to the arrest, the drugs were intended for sale and not for personal use. For example, possession of half an ounce or more of marijuana is sufficient to make it possible to deduce that the defendant had the necessary intent for a drug trafficking charge rather than simple possession. However, the state must still prove beyond a reasonable doubt that the defendant intended to deliver or sell the marijuana. Evidence related to personal consumption, such as a pipe or bong at the scene of an arrest may not be sufficient to demonstrate intent. However, every case is different and a drug trafficking lawyer can advise Nashville residents about the type of charge they are likely to face. Drug trafficking is a serious crime and penalties for conviction are based on the type of felony charged.
This depends largely on the drug list of the controlled substance, the quantity of drugs and any aggravating circumstances such as involvement of minors or previous convictions. In some cases, conviction may result in mandatory minimum sentences. In general, conviction for drug trafficking can include incarceration, fines, parole, community service and other potential consequences. Building a strong defense against prosecution involves examining all aspects of a drug trafficking case including arrest and any interaction with authorities. Holding police accountable for constitutional violations is an important part of criminal defense work.
An experienced Nashville drug trafficking lawyer can determine if an initial traffic stop was legitimate; if arrest was based on probable cause; if defendant was informed of his rights; and if defendant's rights were at any time violated by an unreasonable search. A deeper investigation can also reveal facts that call into question defendant's guilt. For example determining an alibi or discovering evidence that indicates that defendant lacked knowledge or intent necessary to commit crime could lead to dismissal of drug trafficking charge. Drug trafficking is serious charge but there may be defenses available to avoid conviction. Nashville attorney Bernie McEvoy recognizes that protecting rights of his clients is critical during criminal process. He can examine details of your case and determine appropriate strategy against prosecution.
Attorney McEvoy can represent residents of Nashville, Franklin and other cities in Davidson and Williamson Counties in cases involving drug crimes, DUIs and many other criminal charges. To schedule your one-on-one consultation contact law office of Bernie McEvoy by calling (61) 255-9595 or (61) 804-8779 or by filling out our online contact form. As reported by Tennessee Bureau of Investigation nearly 80% of crimes in Tennessee are drug-related and relationship is not limited to illegal narcotics. Penalties for drug-related offenses in Tennessee are very severe and can include prison sentences; large fines; and other penalties. We will fight for you against your drug possession charge in Franklin Tennessee and Central Tennessee area.