Drug Crimes Defense
Kevin Kennedy, Drug Attorney
As a former prosecutor for three years, Kevin prosecuted hundreds of drug-related crimes. He understands the difference between a strong case for the prosecution and a weak one. He knows the factors prosecutors consider in deciding whether to dismiss a case, offer a reduced charge, or take the case to trial.
A conviction for a drug offense carries serious consequences under Tennessee Law. If you are facing a drug-related charge, call Nashville Drug Attorney Kevin Kennedy to schedule a free, confidential consultation.
When Is a Drug Charge a Felony Versus a Misdemeanor?
Possessing or casually exchanging (e.g., sharing drugs with a friend) drugs is generally an A Misdemeanor punishable by up to 11 months, 29 days in jail.
Drug possession typically becomes a felony when there is an intent to commercially sell the drugs.
Additionally, if there was a weapon involved, police will often add a weapons charge, which generally carries mandatory imprisonment, and that sentence must run consecutive to the drug charge.
How Do Prosecutors Try to Prove Your Intent to Sell the Drugs?
To prove intent to sell, prosecutors will look at several factors, including the following.
- Quantity of drugs. The more drugs, the easier it is for prosecutors to persuade a jury that the drugs were for resale rather than personal use.
- The existence of scales to weigh the drugs. Prosecutors will argue that drug dealers use scales to weigh drugs for resale purposes.
- Whether there were plastic baggies to separate out drugs for resale. Prosecutors will argue that the existence of plastic baggies points to resale.
- Any drug paraphernalia at the scene (e.g., joints, crack pipes). The existence of drug paraphernalia actually strengthens the defense’s argument that drugs were for personal use rather than commercial resale.
- Weapons. Prosecutors will argue that drug dealers tend to carry weapons to protect themselves in the dangerous business of drug transactions. If there are weapons, police and prosecutors will generally add a weapons charge, which carries mandatory imprisonment and must run consecutive to the drug charge.
While these are all circumstances that prosecutors look at in arguing intent, many of these circumstances have innocent explanations. A skilled defense attorney explores such alternative possibilities.
What Are the Penalties for Drug Charges?
Drug charges range from Misdemeanors for possession or casual exchange of drugs, to Felonies when there is an intent to sell the drugs.
An A Misdemeanor charge for possession or casual exchange carries up to 11 months, 29 days in jail.
Felony drug charges range from E Felonies to A Felonies depending on the type and quantity of the drug. Below is the maximum length of imprisonment for each level felony. Keep in mind that drug charges can, depending on the circumstances, be dismissed, reduced, or be eligible for probation. This is why it is important to contact a skilled defense attorney if you are facing drug charges.
- E Felony: Up to 6 years of imprisonment.
- D Felony: Up to 12 years of imprisonment.
- C Felony: Up to 15 years of imprisonment.
- B Felony: Up to 30 years of imprisonment.
- A Felony: Up to 60 years of imprisonment.
How Does Nashville Drug Attorney Kevin Kennedy Defend Drug Cases?
Every case presents its own unique set of facts that gives way to its own set of evidentiary challenges and negotiation strategies. However, here are a few of the more common defense strategies.
Scrutinize the Case for Any Evidence That Is Inadmissible
This means analyzing every aspect of the search, traffic stop, search warrant, detainment, arrest, and interrogation in search of any police misconduct that makes certain physical evidence or statements inadmissible. This includes thoroughly discussing the facts with clients, watching all bodyworn camera, and carefully reviewing any police reports.
Challenge the “Intent to Sell” Element of the Offense When Dealing with Felony Drug Charges
Commonly, police will charge felony possession with intent to sell based off the quantity of drugs, any scales, or baggies nearby, and other indicia of intent. This evidence is considered circumstantial evidence and should be analyzed for any weaknesses.
Challenge Ownership of the Drugs
Sometimes a drug charge can be challenged on the argument that you did not have knowing possession of the drugs. For example, perhaps the drugs were in a car, but the drugs were not visible to you and multiple people have access to that car.
Evaluate the Lab Report Results
Sometimes, the police’s initial testing and weighing of the drugs is not consistent with the lab results. Such reports should be carefully examined for any weaknesses. Additionally, it is important to not overlook any chain of custody problems with the drugs.
A Two-Fold Approach to Negotiating with the Prosecution
One part of negotiating with the prosecution is about pointing out weaknesses in the state’s case and being trial ready. The pressure of trial for a prosecutor, particularly when the prosecution believes they might lose, can often move the needle in a negotiation. The second principle of negotiating with the state is about humanizing you and putting you in the best light possible. That means collecting favorable character evidence and in certain circumstances proactively taking steps to demonstrate rehabilitation, such as by having you complete a rehabilitation program.