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Drug Possession Charges and Laws

What is drug possession?

Drug possession is the act of possessing one or more controlled or illegal drugs on your person, for self use or the intent to sell or distribute. The penalty for drug possession charges in the United States can range from a simple fine to prison time. Regardless of the penalty, any drug possession is an offense and results in the arrest of the person who possesses them. Below are a few of the more commonly asked questions about drug possession laws answered by Experts.

What to do if falsely arrested on drug possession charges?

Case Details: The first search of my car revealed nothing but the next day a second search was conducted and drugs were found in the glove box. I was appointed a lawyer who won't show me the arrest file and won't tell me what charges are against me. What should I do?

You have a right to see the arrest report and evidence against you. If you have an attorney who isn't allowing this, you need to make a complaint with the Public Defender's Office about the attorney's performance. As far as the search goes, a glove box is a fairly easy place to search. The fact that nothing was found in the glove box during the first search sounds suspicious. The first thing you should do is speak with your attorney's supervisor about the situation and remain firm on your innocence. If your attorney continues to withhold information from you and doesn't keep an open line of communication, you may have grounds for a malpractice complaint.

Can I change the plea to not guilty on a drug possession charge?

Case Details: I was arrested for drug possession after the police illegally searched my truck. I refused to sign the consent for a search. The judge offered me a deferred entry of judgment and the only reason I took the deal and pled guilty is because I couldn't afford bail.

The charges against you will be dismissed on the successful completion of the drug program. This will involve entering a drug education class and drug testing to assure the court that you are staying away from drugs, and you will also have to pay any court costs. If you don't want to take the drug class, you will have to explain to the judge why you choose to opt out. You will need the judge's permission to leave the drug program. If the judge allows you to opt out of the drug program, you will be given a date for the disposition hearing for the charges that you were originally charged with. You will be allowed to enter your not guilty plea at the hearing.

I got a ticket in TN for synthetic drug possession. What is likely to happen on my court date? 

In Tennessee, synthetic drug possession is a Class A misdemeanor and is punishable up to 1 year in jail and up to $2500 fine. Because Tennessee is cracking down on synthetic drug possession, the DA will probably not be very sympathetic about the excuses you may have. You will need a defense attorney who is willing to pull for a deal with the DA to get you into a lesser charge with a dismissal after completing a drug program. It is very likely the DA will try for up to 6 months jail time for your offense. This is why it is important to have an attorney who is familiar with drug possession cases.

In Idaho, how can I remove a non-violent felony for drug possession from my record so I can hunt again?

Generally, once your convictions has been expunged or pardoned, you will be given your civil rights back, meaning you will have the right to own a gun. However, you may not be able to have your drug charge expunged under Idaho law. You should speak with your attorney about the possibility of your civil rights being restored because in some cases, Idaho law does restore these civil rights. You could also try to apply for a pardon through the State Commissioner of Pardons and Parole.

Are there alternatives besides jail/prison when facing criminal burglary and drug possession charges?

Case Details: There is no prior record.

It may be possible to avoid jail time if the court feels that your son could be rehabilitated. This would mean a longer stay on probation with frequent drug testing to ensure that he is not doing drugs. It will depend on the facts of your son's individual case that will determine whether or not he will receive jail time. Have an attorney view your son's case to see if there is a possibility of a legal defense. If nothing can be found by the attorney, it is possible that the attorney could make a plea to enter your son into a treatment program with probations in order to keep him from a jail sentence.

When being arrested for drug possession, a person faces many legal issues. Each situation can be unique and the particulars of each case can lend a different interpretation of the law and result in different legal implications. If you need legal insights in your case or have any questions or concerns regarding drug possession law or drug possession charges, you can ask an Expert on JustAnswer for legal insights and solutions.

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