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.
Almost all these charges require the services of attorneys that have the experience and skill in such cases. The attorney will need to understand all circumstances behind the charges so that they can create the best defense and thus get the individual to be cleared. For one to be arrested for possessing drugs, it has to be proved they were under their full control. The penalty will vary depending on the possessed drug. The quantity in question is also an important consideration.
The constitution allows law enforcement officers to search an individual, their home or vehicle whenever they have any suspicions. In such a situation, the best thing to do would be to fully cooperate with the police even if it is not in your favor. Any resistances would be to risk more charges, among them obstruction. In the vent that one is innocent, the cooperation cannot be used against them and they still have the right to speak to an attorney before, during or after the charges have been leveled.
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.
Simply being charged with drug possession does not mean an individual will be convicted. Also important to remember is that one should never try to defend himself. An attorney will be best placed to handle the case.
Almost all these charges require the services of attorneys that have the experience and skill in such cases. The attorney will need to understand all circumstances behind the charges so that they can create the best defense and thus get the individual to be cleared. For one to be arrested for possessing drugs, it has to be proved they were under their full control. The penalty will vary depending on the possessed drug. The quantity in question is also an important consideration.
The constitution allows law enforcement officers to search an individual, their home or vehicle whenever they have any suspicions. In such a situation, the best thing to do would be to fully cooperate with the police even if it is not in your favor. Any resistances would be to risk more charges, among them obstruction. In the vent that one is innocent, the cooperation cannot be used against them and they still have the right to speak to an attorney before, during or after the charges have been leveled.
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.
Simply being charged with drug possession does not mean an individual will be convicted. Also important to remember is that one should never try to defend himself. An attorney will be best placed to handle the case.
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