Drug possession is a serious crime that can have long-term consequences on the life of a Tennessee resident. When an individual is charged with possession of a drug, they should understand what legal rights they have and what consequences may befall them if they are convicted. This post introduces readers to drug possession as a criminal charge. Individuals who have been charged with drug possession are encouraged to seek the counsel of criminal defense attorneys in their communities, and all readers are asked to remember that this post provides no legal advice on specific case matters.
Ways that a drug may be under the control of a person
The term “possession” can be complicated when it comes to drug crimes. That is because an individual may be charged with possession of a drug even if the alleged substance is not physically on their person. Constructive possession may be the basis of a drug crime if the individual charged had access to where the alleged drug was found and had control over that location.
Simply having an illegal substance on one’s body or under one’s control may not be enough to secure a conviction against them for drug possession. The individual must also know that the substance in their possession or under their control is illegal. The mental requirement of knowledge and the physical requirement of possession are generally both required for prosecutors to secure convictions against drug possession defendants.
Defending against drug possession charges
As stated, drug possession charges are serious. Convictions for drug possession can result in significant fines and even jail time for those affected. Depending on the facts and circumstances of a defendant’s case, they may have different defense options to use to explain and mitigate the charges filed against them. Criminal defendants such as those facing drug possession charges do not have to take on their defenses alone. Criminal defense attorneys can help them build effective strategies to meet their charges and fight for the protection of their rights.