what will lawyer do for simple possession

If someone is wrongly accused of simple possession, a criminal defense attorney can help collect their relevant defenses to refute the claim. If the drug was prescribed or possessed in an insufficient quantity to warrant a charge, a defense attorney may be able to lift the charge entirely.

Full Answer

What are my options for simple possession charges?

However, for simple possession charges, incarceration is usually the last option that the system imposes. Before imposing incarceration the courts will usually attempt to impose more intensive probation or other programs like drug court. Expungement.

What is a simple possession charge in New York?

For Marijuana, which is the most common form of Possession charge, and the only one actually designated as Simple Possession, the weight threshold is twenty-eight grams (one ounce) or less of marijuana or ten grams or less of hashish.

What is simple possession in Tennessee?

Simple possession in Tennessee is a misdemeanor offense punishable by up to 11 months and 29 days in jail and a $2,500 fine. The criminal offense of simple possession, as the name indicates, usually means that you possessed a controlled substance, but did so for personal use and were not selling the drug.

What is simple possession of marijuana?

What is Simple Possession of Marijuana? For Marijuana, which is the most common form of Possession charge, and the only one actually designated as Simple Possession, the weight threshold is twenty-eight grams (one ounce) or less of marijuana or ten grams or less of hashish.

What is sentence with simple possession?

If you have been arrested for simple possession or casual exchange, you could be charged with a Class A misdemeanor, punishable by a maximum jail sentence of one year and/or a fine of up to $2,500. You could also be arrested for possession of drug paraphernalia, which is also a Class A misdemeanor.

How much is a simple possession charge in SC?

between $100 and $200Simple possession of marijuana in South Carolina is a misdemeanor punishable by not more than 30 days in jail and a fine between $100 and $200. Clients with a first-time simple possession charge may be eligible to enter a pre-trial intervention program or attend a drug abuse program to decrease their penalties.

How long does a simple possession stay on your record in SC?

3 yearsSimple Possession/Possession with Intent to Distribute (new): First offense simple possession is eligible for expungement 3 years after completing sentence with no convictions in those 3 years.

How much is a simple possession charge in TN?

a $2,500 fineSimple possession in Tennessee is a misdemeanor offense punishable by up to 11 months and 29 days in jail and a $2,500 fine. The criminal offense of simple possession, as the name indicates, usually means that you possessed a controlled substance, but did so for personal use and were not selling the drug.

Are dabs a felony in SC?

We have recently seen an increase in Felony Possession of Marijuana cases involving wax or “dabs.” While it is normally only a misdemeanor if you are caught with Marijuana, it is can result in a felony if you are found to be in possession of any altered state of Marijuana, which includes wax.

Is possession of a controlled substance a felony in SC?

Possessing a Schedule I or II narcotic CDS and lysergic acid diethylamide (LSD) is a misdemeanor. Penalties for a first offense include a fine of up to $5,000, up to two years in prison, or both. Second offenses are felonies, and incur a fine of up to $5,000, up to five years in prison, or both.

How do you get a possession charge dismissed?

If the prosecutor cannot prove the defendant knowingly and intentionally possessed the drugs through the use of witness statements, audio/video recordings, physical evidence, and crime lab analysis, then the drug possession charge should get dismissed or the defendant found not guilty at trial.

How do I get a simple possession charge expunged in SC?

To get your record expunged: You must have successfully completed a pretrial intervention program. Upon completion of the program, the solicitor should have marked your charge as not prosecuted (nolle prossed). The PTI Director must confirm that you have completed your program and are eligible.

How much does it cost to have your record expunged in South Carolina?

What fees do I pay for an expungement? You must pay a $250.00 administrative fee to the Solicitor's office, a $25.00 fee to the South Carolina Law Enforcement Division (“SLED”), and $35.00 filing fee to the Clerk of Court.

What is considered simple possession in Tennessee?

(a) It is an offense for a person to knowingly possess or casually exchange a controlled substance, unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of professional practice.

Is simple possession a misdemeanor in Tennessee?

Tennessee Simple Possession or Casual Exchange If you are charged with simple possession or casual exchange you will face Class A misdemeanor penalties for possession of most controlled substances. This means you may serve up to one year in jail and face fines up to $2,500.

Can you go to jail for drug possession?

It is possible to go to prison for a few weeks or months for simple possession. You will get a harsher sentence if you were in possession of drugs in or near a school, or in a prison.

What Is Simple Possession?

In Florida, a possession charge means you had control over or access to drugs, but you didn’t manufacture, sell, or distribute them. Simple possession refers to a small amount of drugs for personal use.

What to Expect from a Simple Possession Charge

Drug possession is either a misdemeanor or a first, second, or third-degree felony.

How Do I Beat a Drug Possession Charge?

The first step in beating a simple possession charge is knowing your rights. After your arrest, you have the right to remain silent and to get a lawyer. The police should tell you this as they read your Miranda Rights to you.

Ways to Avoid a Drug Possession Conviction

Sometimes the best way to handle a drug charge is to pursue an alternative route and not fight in court.

How to Beat a Simple Possession Charge in Court

There are several defenses your attorney can put forth to demand a dismissal, win an acquittal at trial, or pursue a lenient sentence.

Ready to Fight Simple Possession in Florida?

If you’re facing misdemeanor or felony drug charges in Orlando, don’t try to defend yourself. It is important to your future that you reach out to experienced criminal defense lawyers who know how to fight for you and win.

Andrew Moses

Andrew has been practicing criminal law his entire career. After graduating from law school he began working as an Assistant State Attorney prosecuting cases in Orange and Osceola Counties.

What is the offense of simple possession?

The offense of simple possession in Tennessee is found in the Tennessee Code at Title 39, chapter 17, part 418, (T.C.A. 39-17-418). Simple possession in Tennessee is a misdemeanor offense punishable by up to 11 months and 29 days in jail and a $2,500 fine.

Possible Defenses

To determine what defenses may be available, we do what is done with every criminal offense. We look at the facts of the case and compare them to the elements of the crime to determine if there is a viable defense to claim that the client is not guilty.

Sentencing and Punishment

If beating the charge is not an option, the good news is that most 3 jurisdictions are not insistent about incarcerating first-time simple possession offenders.

Conclusion

While incarceration is not likely in most cases for a simple possession charge, it is nevertheless important to consult a criminal defense lawyer.

John M. Cromwell

You could get a good result with either a paid lawyer or a public defender. There are some excellent public defenders. The problem is, you just don't know who you will get. You can choose the lawyer you hire. With a public defender, it's the luck of the draw.

Claiborne Hambrick Ferguson

Lets see, the rest of my life is on the line. I might get convicted, I might loose out on valuable rights AND opportunities....yep, time to save money and fake poverty. Lawyers cost money because we're good st what we do. All must maintain a bare minimum of qualification but, in life, we often get what we pay for.

Eric M. Larsen

Whether you hire an attorney or request court appointed counsel, ie public defender, the simple answer is yes. Simple Possession is a class A misdemeanor punishable by up to 11 months 29 days in jail. A drug conviction on your record can effect employment opportunities, student loan eligibility under certain circumstances, etc.

Edwin Arnold Anderson

A public defender is an attorney. Most of them are very good ones. That being said, you can always "settle" your case if you are willing to agree to the DA's officer. In many cases the DA's offer isn't your best option.

John Arnold Steakley

The question of "whether" to hire a private attorney or take your chances with a public defender is an easy one, because it shouldn't even be a question at all.