Simple Possession Defense Strategies

Summary

In Tennessee, simple possession of a Schedule V drug is a misdemeanor with potential penalties of fines and jail time. Previous felony charges can affect sentencing severity. Defenses include challenging illegal searches or seizures and lack of knowledge about the substances legality. If a vehicle is impounded, police may conduct an inventory search, but not a full search without probable cause or a warrant. Consulting a lawyer can help explore these defenses and determine if rights were violated.

Full Conversation

I got charged with simple possession of a schedule * drug gabapentin
Hey ****! In Tennessee, simple possession of a Schedule V drug like gabapentin is a misdemeanor. Penalties can include fines and imprisonment. Have you had any previous drug-related charges or convictions? This could affect the outcome.
No drug charges but previous felony charges
Thanks for sharing that, ****. In Tennessee, having previous felony charges might impact the severity of your sentence for the misdemeanor.
- Simple possession of a Schedule V drug is usually a Class A misdemeanor.
- Penalties could include up to 11 months and 29 days in jail, and/or fines.
Would you like to know more about potential defenses or next steps?
Yes
Case Rating: *
In Tennessee, potential defenses for simple possession might include questioning the legality of the search or seizure, lack of knowledge about the substance, or challenging the evidence. It's wise to consult with a lawyer to explore these defenses. Would you like more detailed guidance on any of these defenses?
Yes
Case Rating: *
Hey ****, understanding potential defenses is a great step. Here are some common defenses:
- Illegal Search or Seizure: If the substance was found without a warrant or probable cause, it might be challenged.
- Lack of Knowledge: You didn't know the substance was illegal.
- Challenging Evidence: Disputing the prosecution's evidence.
Would you like more information on one of these defenses?
Illegal search and lack of knowledge
Case Rating: *
In Tennessee, you can challenge an illegal search or seizure if the substance was found without a warrant or valid probable cause. Lack of knowledge could be a defense if you genuinely didn't know the substance was illegal. Consulting a lawyer can help explore these defenses in detail.
If they are impounding vehicle does that give them right to search
Case Rating: *
In Tennessee, if the police impound a vehicle, they may conduct an inventory search to document its contents. However, this does not automatically grant them the right to conduct a full search without probable cause or a warrant. The details of the situation matter, such as whether the search was for safety or evidence. Consulting a lawyer might be beneficial to explore if your rights were violated.