For one to face charges of drug possession, then it means they must have been found with controlled substances that are considered illegal under the law. Such a charge has various levels of severity, among them possessing, cultivating, intention to distribute or trafficking. Every one of the charges has its penalty. The last is among the most severe. When considering drug possession defense Memphis tn residents should know the various strategies.
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.
If the police violate the Fourth Amendment rights of the defendant when finding the drugs, this can be used to the favor of the defendant. If they may have been obtained through an illegal search and by seizing property of the defendant, the drugs may not be admissible as evidence. The charges may 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.
If the police violate the Fourth Amendment rights of the defendant when finding the drugs, this can be used to the favor of the defendant. If they may have been obtained through an illegal search and by seizing property of the defendant, the drugs may not be admissible as evidence. The charges may 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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