First-Time Drug Offender? How an Attorney Can Help Reduce Your Charges
Aug. 8, 2025
Facing a drug charge for the first time can be overwhelming. Whether you were caught with a small amount of marijuana or a controlled substance like prescription pills, a conviction can follow you long after the court case is over. In Tennessee, even first-time offenses may carry serious consequences, including fines, jail time, and a permanent criminal record.
If you’ve been charged, working with a criminal defense attorney who has experience in Tennessee drug cases is one of the most important steps you can take. At William L. Pomeroy Law, in Brentwood, Tennessee, they’ll use their experience and knowledge to assist you or someone you know dealing with a drug offense.
What Counts as a First-Time Drug Offense in Tennessee?
In Tennessee, a first-time drug offense usually means you’ve never been convicted of a prior drug crime, such as possession, distribution, or manufacturing. These offenses can range from misdemeanor marijuana possession to more serious felony charges involving substances like methamphetamine, cocaine, or opioids.
The severity of the charge depends on several factors:
The type and amount of the drug involved
Whether there was an intent to distribute
The location of the arrest (for example, near a school zone)
Whether you had any drug paraphernalia
Whether a weapon was involved
Even a misdemeanor drug offense can affect future job prospects, college admissions, and housing applications. That’s why it’s critical to approach the situation carefully and seek legal representation early on.
How Tennessee Classifies Drug Charges
Tennessee law separates drug charges into misdemeanors and felonies. Simple possession, particularly of marijuana, is often treated as a misdemeanor. However, possession of other substances, such as heroin or ecstasy, may be charged as a felony—even for a first offense.
Possession with intent to sell or deliver is a felony and carries much harsher penalties. Prosecutors may infer intent based on the amount of drugs found, the presence of scales or baggies, or communications found on your phone.
Potential Penalties for First-Time Offenders
Penalties vary depending on the charge. A misdemeanor conviction may lead to up to a year in jail and fines of up to $2,500. Felony convictions come with longer prison terms and higher fines. The judge also has the discretion to impose probation, community service, and mandatory drug treatment.
For first-time offenders, there may be options that help avoid jail time altogether. But this outcome isn’t automatic—it depends on how the case is presented and what the court believes is appropriate.
Judges will consider:
Whether the defendant has any prior criminal history
The type and amount of drug involved
Willingness to participate in treatment or education programs
Circumstances surrounding the arrest
The way your case is handled from the beginning can strongly influence the court’s decision.
Alternative Sentencing Options
Tennessee courts sometimes offer alternatives to jail for individuals charged with a first-time drug offense. These programs are meant to address substance use while still holding the person accountable.
Common alternatives include:
Judicial Diversion: Allows the case to be dismissed after probation is completed
Pretrial Diversion: Available for certain non-violent first-time offenders
Drug Court: A structured program involving treatment, supervision, and regular court appearances
Probation: Instead of serving jail time, the person must meet specific conditions over a set period
An experienced criminal defense attorney can help determine whether you qualify for these programs and how to make a strong case for participation.
How a Lawyer Can Challenge the Charges
First-time offenders often assume they should plead guilty quickly, especially if they believe the evidence is strong. But that approach can carry long-term consequences that aren’t immediately obvious.
A lawyer can do more than just guide you through the court process. They can challenge the evidence and the way it was obtained. For example:
Were you searched legally?
Was the traffic stop conducted properly?
Was there probable cause?
Are the lab results accurate and admissible?
Can the prosecution prove actual possession?
Each of these questions can affect whether charges are reduced or dismissed. Your criminal defense attorney will examine the details of your case, look for procedural errors, and argue for your rights at every stage.
What to Expect During the Court Process
If you're charged as a first-time drug offender, you’ll go through several steps in court. At the first appearance, you’ll hear the formal charges and may be released on bond. Your lawyer may begin by filing motions to suppress evidence or to dismiss the case.
In most cases, the court will set dates for a preliminary hearing and potential trial. However, many first-time drug cases are resolved through plea negotiations or by entering a diversion program.
Throughout this process, your lawyer will:
Keep you informed about what each hearing means
Identify legal strategies based on your specific case
Communicate with the prosecutor about possible outcomes
Prepare you for testimony, if needed
Court procedures can be difficult to understand without help. A strong defense helps prevent errors that could affect your future.
Long-Term Consequences of a Conviction
A drug conviction doesn't just affect the time you might spend in jail. It can have long-term consequences that follow you into other areas of your life. For example, it may:
Limit job opportunities, especially in healthcare, education, and government
Affect eligibility for federal student loans
Make it harder to rent housing
Lead to suspension of your driver’s license
Affect child custody or immigration status
Even if jail time is avoided, a conviction on your record may still carry stigma and affect your ability to move forward. That’s why reducing or avoiding conviction should be a priority.
Sealing or Expunging Your Record
In Tennessee, it’s sometimes possible to clear your record after completing a diversion program or serving your sentence. Expungement removes the charge from public view, which can help when applying for jobs or housing.
Not all charges are eligible for expungement. Your attorney can tell you whether your case qualifies based on the final outcome and any prior history.
Sealing or expunging your record can give you a second chance, but it typically requires filing documents, paying fees, and meeting eligibility conditions. If you miss deadlines or make mistakes, it may delay or block the process entirely.
When Charges Involve Prescription Drugs
Many first-time drug offenders are charged with possession of controlled substances that were originally prescribed to someone else. These cases often involve painkillers, anti-anxiety medications, or stimulants.
Even if the person charged was using the medication for a legitimate reason, possession without a prescription is still a criminal offense. In these cases, criminal defense attorneys can often argue for reduced charges or treatment-based alternatives rather than jail.
Drug Charges and College Students
College students charged with drug possession may face additional consequences beyond the courtroom. A conviction can lead to disciplinary actions from the school, including suspension or expulsion. It may also affect scholarships and federal financial aid.
In these situations, a criminal defense attorney can work to minimize both the legal and academic impact. That might involve seeking pretrial diversion, asking the court to allow rehabilitation, or helping the student qualify for expungement.
What to Look for in a Defense Attorney
Not all criminal defense attorneys approach drug cases the same way. For first-time offenders, it’s important to find someone who’s familiar with Tennessee law and has handled similar cases in your area.
Key things to look for:
A clear strategy for protecting your record and minimizing penalties
Knowledge of local court procedures and diversion programs
A willingness to review the evidence thoroughly and not rush to a plea
Strong communication about what to expect at each stage of your case
Your attorney should be focused on your goals and realistic about possible outcomes. A clear, thoughtful approach can help you move through the process with more confidence.
Why Early Legal Help Matters
Time matters in a first-time drug offense case. The sooner a lawyer gets involved, the more opportunities there are to preserve your rights, challenge the evidence, and explore alternative outcomes.
Prosecutors and judges may also be more receptive to leniency when the defendant shows responsibility early on. That could mean starting treatment, writing a personal statement, or providing community references. Your lawyer can guide you through those steps and help you present yourself in the right light.
Secure Skilled Advocacy Today
If you've been charged as a first-time drug offender in Tennessee, the decisions you make now could shape your future. William L. Pomeroy Law is proud to serve Brentwood, Tennessee, and the surrounding areas of Davidson County, Williamson County, and Rutherford County. Give them a call today to set up a free and confidential consultation.