Being caught with drugs is a horrible event, but if you have been arrested for drug possession with the intent to sell, you better find an experienced Tennessee criminal defense lawyer fast. In fact, Tennessee drug laws treat intent to sell as the same crime as if you had the drugs and actually sold them. Under Tennessee's intent to sell laws, it is a felony to just possess drugs over a certain limit, regardless if you are caught selling the drugs or not. It is important to hire an experienced attorney who knows who to mitigate drug possession charges. Sometimes the police zealously overcharge the accused with intent to sell even though the evidence clearly shows that a simple possession charge would be more appropriate. Even if this were the case, it is unwise to just show up in court without a lawyer and assume the truth will win out.
Even the smallest amount of drugs can get you a drug possession with intent to sell charge. In marijuana cases, Tennessee laws presume that anyone caught with over 1/2 ounce of marijuana is presumed to possess the pot with the intent to resell. Cocaine cases under Tennessee Laws assume that almost all cocaine cases are for the purposes of resell unless they is a very small amount of powder involved. In addition, ecstasy and mushroom cases are almost always charged as felony cases. Under certain circumstances, an experienced Tennessee criminal defense attorney can use the facts and circumstances of your case to show the Judge or District Attorney that you were in fact charged incorrectly with a felony instead of a minor misdemeanor. This defense can be developed with the assistance of an experienced criminal defense attorney.
For even the first time offender, Tennessee felony drug charges are very serious business. If you are a repeat offender, the seriousness of the charges is greatly increased. There are severe penalties for enhanced drug possession charges. You will especially want to hire an experienced criminal defense attorney if you have a prior record, sold drugs to a minor, or sold drugs near a school zone. Obviously, repeat offenders are facing tougher consequences than the first time offenders. Even if this is your first drug offense, the District Attorney and Judge will take a look at your criminal record to see if you have any other charges against you in the past and use those convictions against you.
Depending upon the quantity of drugs found and the type of drugs found, you may have a better chance in Court than you think. In my experiences, Marijuana has less severe consequences than a hard drug like meth or crack cocaine. It also helps if there is not any other evidence of selling drugs like phone records or large sums of money.
If you need help with a Tennessee possession with intent to sell drugs case, give Lee Martin a call at 615-345-1988. He knows how the Court systems work in Nashville, Tennessee and the surrounding counties.