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.
The charges are usually serious and need services of criminal lawyers that are well qualified. The individual should give the attorney all the relevant details to help in coming up with the best defense. If all goes well, one should able to be cleared. Prior to being arrested, the officers must have ascertained beyond doubt that the individual was found under the control of the drugs. Penalties will be varied depending on the drug and its quantity.
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.
It is common for people to deny possession of the drugs and say they were never aware of their presence. The lawyer will then put the prosecutor under pressure to prove beyond doubt that the drugs belong to his client and not for example, the other passengers in the car. The burden of proof will thus rest with the prosecutor and not the individual.
There is also the defense that the drugs were planted by someone else. Whereas this may be effective, it is never too easy to prove since officers are reluctant to blow the whistle on their fellow officers. Besides, sworn testimony of law enforcement officers has a lot of weight in court.
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.
Getting to be charged of possessing drugs never means one will be convicted. Anybody that is accused must never try to defend him or herself. It is always best to employ services of attorneys.
The charges are usually serious and need services of criminal lawyers that are well qualified. The individual should give the attorney all the relevant details to help in coming up with the best defense. If all goes well, one should able to be cleared. Prior to being arrested, the officers must have ascertained beyond doubt that the individual was found under the control of the drugs. Penalties will be varied depending on the drug and its quantity.
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.
It is common for people to deny possession of the drugs and say they were never aware of their presence. The lawyer will then put the prosecutor under pressure to prove beyond doubt that the drugs belong to his client and not for example, the other passengers in the car. The burden of proof will thus rest with the prosecutor and not the individual.
There is also the defense that the drugs were planted by someone else. Whereas this may be effective, it is never too easy to prove since officers are reluctant to blow the whistle on their fellow officers. Besides, sworn testimony of law enforcement officers has a lot of weight in court.
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.
Getting to be charged of possessing drugs never means one will be convicted. Anybody that is accused must never try to defend him or herself. It is always best to employ services of attorneys.
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