Drug Charges Attorney in Brentwood, Tennessee

Drug charges are a common criminal offense in Tennessee, and they can have severe consequences for those convicted. They often attract harsh penalties, including fines, imprisonment, and a permanent criminal record. If you're facing drug charges, contact a skilled criminal defense lawyer who can help you understand laws regarding drugs and narcotics as well as possible defenses.

William L. Pomeroy Law has years of experience handling drug charges and strives to provide the dedicated support you need. If you are facing drug charges in Brentwood, Tennessee, Davidson County, Williamson County, or Rutherford County, reach out today for a consultation.   

Types of Drug Charges 

The state of Tennessee recognizes various types of drug charges, and the penalties and consequences often vary depending on the type of drug and the specific circumstances of the charge. Some of the more common types of drug charges include:

Possession 

Possession charges can stem from possessing any quantity of illegal substances, such as marijuana to more serious drugs like cocaine or methamphetamine. The penalties vary depending on the amount and type of drug discovered. 

Possession with Intent to Distribute 

If you are found with a large quantity of drugs, packaging materials, scales, or other drug-related paraphernalia, you could be charged with intent to distribute. This charge is more severe than simple possession and often results in longer sentences and larger fines. 

Trafficking 

Trafficking charges are applied to people involved in the transportation, sale, or distribution of large quantities of drugs. They can lead to lengthy prison sentences and substantial fines. The severity of the punishment depends on specific factors, such as the type and quantity of the drugs involved, as well as the individual's criminal history. 

Manufacturing 

Manufacturing charges are applied when someone is caught producing illegal drugs. This can include growing marijuana or operating a meth lab. These charges carry severe penalties due to the dangerous nature of drug production. Those convicted of manufacturing may also face asset forfeiture, where the government seizes property connected to the drug production activities. 

Prescription Fraud 

Illegally obtaining prescription drugs through fraud or deception is another serious offense. This could involve forging prescriptions or “doctor shopping” to get multiple prescriptions for the same drug. Convictions for prescription fraud can result in harsh penalties, including significant fines, imprisonment, and a permanent criminal record. 

Drug Paraphernalia 

The possession of drug paraphernalia, such as pipes, bongs, needles, or other tools used to consume, produce, or distribute drugs, can attract additional charges even if they do not contain traces of illegal substances. Drug paraphernalia charges typically include fines and possible jail time. 

Conspiracy 

Conspiracy to commit drug-related crimes involves an agreement between two or more people to partake in illegal drug activities, such as trafficking or distribution. Even if the crime is unsuccessful, planning or attempting can result in severe charges. Conspiracy charges often come with the same penalties as the original planned crime, including lengthy prison sentences and substantial fines. 

Drug Laws in Tennessee 

In Tennessee, controlled substances are classified into schedules, with Schedule I being the most dangerous and Schedule V being the least. The penalties for drug offenses typically depend on the schedule of the drug involved and the amount in possession. 

For instance, possession of a small amount of marijuana might result in a misdemeanor charge with lighter penalties, while possession of cocaine could lead to felony charges and harsher sentences. Repeat offenses can also escalate the severity of penalties. 

Tennessee law allows for enhanced penalties in certain situations, such as offenses occurring near schools or involving minors.  

For repeat offenders, Tennessee imposes mandatory minimum sentences that can increase the length of imprisonment. Strict asset forfeiture laws in the state allow the seizure of property and money connected to drug crimes, even if the owner has not been convicted. 

Defenses Against Drug Charges

If you're facing drug charges, a skilled drug crimes attorney can employ several defenses to challenge the prosecution’s case. These include: 

• Illegal search and seizure: If law enforcement officers violated your Fourth Amendment rights during the search, any evidence obtained might be inadmissible in court. 

• Lack of possession: The prosecution must prove that you had control over the drugs. If the substances were not directly found on you, this could be disputed. 

• Entrapment: If you were coerced or lured into committing a drug offense by law enforcement, it might be possible to claim entrapment. 

• Insufficient evidence: The prosecution must provide enough evidence to support their charges. Challenging the sufficiency and credibility of this evidence can be a crucial defense strategy for your case. 

• Chain of custody errors: The prosecution must maintain a clear and documented chain of custody for all evidence against you. If there are gaps or mistakes in how evidence was handled, it could be grounds for exclusion. 

• Violation of Miranda rights: If you were not read your Miranda rights during your arrest, any self-incriminating statements you made might be suppressed, which can weaken the prosecution's case. 

• Drug lab analysis issues: The prosecution often relies on drug lab results to confirm the nature of the substance in question. However, if there were errors in the testing process or if the lab's integrity was questionable, these results could be challenged.