Law Office of Rob McKinney
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Posts tagged "Drug Charges"

Understanding a drug paraphernalia charge

In Tennessee, possession of drug paraphernalia is a separate criminal charge usually associated with a charge of drug possession, production, intent to sell, etc. Per Section 39-17-425 of the Tennessee Code, personal possession of drug paraphernalia is a Class A misdemeanor, the penalty for conviction of which is a jail sentence of up to 11 months and 29 days and/or a fine of up to $2,500. If, however, the conviction is for possession with the intent to sell or deliver illegal drugs, this is a Class E felony, the penalty for which is a prison sentence of up to two years and/or a fine of up to $50,000.

Sharing a prescription is no big deal, right? Wrong

At the Law Office of Rob McKinney, we understand that there are serious drug charges that can make others seem minor in comparison. However, we know that any charge is serious, especially if you didn’t realize you might be committing a crime. Like many Tennessee residents, you might not give a second thought to handing a prescription pill to a friend or family member if you think it could help, but this might get you in legal trouble.

When ADHD medication could get you in trouble

When a doctor identifies the medication that finally makes a difference for a person diagnosed with ADHD in Tennessee, it can lead to a huge improvement in the quality of life for the patient. People who rely on their medications to function well are often careful to take them at the right times and in the right doses. This could mean having the prescriptions with them when they are away from home.

What is constructive possession?

Being charged with drug possession in Tennessee is no laughing matter. Depending on the quantity of drugs the prosecutor alleges you possessed, you could face stiff penalties if convicted. To convict you, however, the prosecutor must prove beyond a reasonable doubt that the drugs were yours. If officers found them in your pocket, that is pretty straightforward. But what if they found them in the unlocked console of your car and the car was occupied not only by you, but also by three passengers? Now it is not so straightforward. Whose drugs were they?

Will Tennessee be the next state to legalize medical marijuana?

If you are a Tennessee resident who suffers from an illness that might benefit from cannabis, a/k/a marijuana, treatment, you will be happy to know that a bill has just been introduced in the Tennessee House of Representatives. If passed into law, this bill would legalize medical marijuana in our state.

Drug enforcement and investigative bodies

Tennessee state authorities are often involved in narcotics crimes investigation and, either directly or indirectly, in the trials of those standing accused of drug charges. Understanding the nature of these state organizations and their limitations under the law is often essential to anyone seeking to disprove spurious narcotics accusations. 

What is a controlled substance?

The stereotype for someone facing drug charges is often a homeless, desperate person who has an uncontrollable addiction. While there are people in Tennessee who meet this description, there are many others who don't. Quite often, it is everyday people who get mixed up with drugs and the judicial system.

When law enforcement cannot search a car for drugs

Tennessee drivers who are pulled over for a traffic violation should be aware of their rights regarding when a law enforcement officer can search their vehicle for drugs or anything else. The Legal Information Institute explains that these traffic stops are often called Terry stops based on the landmark 1968 U.S. Supreme Court decision in .

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