Drug possession charges in Somerville, TN are taken very seriously. If you or someone you know has been arrested for a drug crime in Somerville or Fayette County, you need to know exactly what are your options for resolving the matter. Having a criminal conviction on your record, whether misdemeanor or felony (but especially a felony), can have negative consequences throughout your life. The punishment for the charge is going to depend on the type and weight of the drug involved. Under Tennessee law, marijuana possession of less than 14.175 grams (1/2 ounce) is considered simple possession for one’s own use and is a misdemeanor punishable up to 11 months and 29 days. Any greater amount of marijuana is classified as possession with intent and is a felony. Similarly, a Fayette County cocaine charge is going to depend on the amount. A small amount of cocaine possession under Tennessee law is classified as a misdemeanor, but a large amount is considered possession with intent and is a class C felony punishable at a minimum 3 years. For someone charged with drug possession in Somerville, he or she will want to do everything possible to avoid a conviction on their record. One option for first-time offenders is judicial diversion. Diversion allows an individual previously not convicted of a crime to complete a period of supervised probation, after which the charge is dismissed and expunged from their record. A Fayette County drug possession lawyer can guide you through this process. Diversion in Tennessee is not easy, and there are many fees associated with it. It requires that the accused plead guilty to the charge, which means admitting to the crime and waiving his or her right to trial. Next the individual will be placed on probation for a period of time to be determined by the judge. During probation he or she must pay monthly fees and abide by all the court’s conditions, which may include random and frequent drug screens, community service, and refraining from using alcohol. At the end of probation, provided all conditions have been met and the individual has not had any new arrests, the charge will be dismissed upon payment of court costs. If a person wishes to fight their Somerville drug possession charge, their attorney would file a motion to suppress the evidence. Under both the Tennessee and U.S. constitutions, individuals are free from illegal searches and seizures by the state. If the police conducted a search without probable cause, any drugs found as a result of that search would be deemed inadmissible and thrown out by the court. Fourth amendment claims are not easy to win, but a Fayette County drug crimes lawyer can review your case to see if the evidence should be challenged. Patrick Stegall is a Fayette County drug possession lawyer. His practice is dedicated to criminal defense matters throughout Memphis and West Tennessee. To discuss your case please call Mr. Stegall at (901) 205-9894 or email him at pstegall@stegall-law.com.
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