Are you facing charges for possession of controlled substances? Possession of controlled substances is a serious charge that can lead to life-altering consequences. The penalties can be severe whether you were caught with a small amount or something more significant.
If you are facing such charges, it’s important to understand your legal risks and the defenses available.
In this article, we’ll explain drug possession charges, their potential consequences, and the most common defenses.
What is Possession of Controlled Substances?
Possession of controlled substances occurs when someone is found with drugs that are illegal to possess without a prescription or that are considered illegal street drugs. These drugs can range from marijuana and prescription painkillers to harder substances like cocaine or methamphetamine.
Controlled substances are classified into different “schedules” based on their potential for abuse and medical use.
- Schedule I drugs like heroin and LSD have no accepted medical use
- Schedule II drugs like Adderall have limited medical uses but a high potential for abuse.
When you are charged with possession, the state must prove that you knowingly had the controlled substance. This means they need to show that you were aware of the drug’s presence and that it was in your control.
Everything might seem straightforward, but there are various ways to challenge these claims to battle the charges, which we’ll discuss below.
Legal Consequences of Drug Possession
The consequences of being convicted for felony possession of controlled substances vary depending on several factors. These include the type and amount of the drug, whether it’s your first offense, and the state’s specific laws. Here are some common penalties you might face:
- Fines: You could be required to pay hefty fines, which increase with more serious drugs or larger quantities.
- Jail or Prison Time: Even for first-time offenders, jail time is a real possibility. Prison sentences are common for more serious offenses, like possession of large quantities.
- Probation: Some offenders may be placed on probation instead of jail time, where they must meet certain conditions to avoid jail.
- Loss of Employment or Housing: A conviction can impact your ability to find or keep a job, and in some cases, may lead to eviction.
- Permanent Criminal Record: A drug possession conviction stays on your record, affecting future opportunities.
The stakes are high when facing these charges for possession of controlled substances. However, you don’t have to face them alone – you should seek criminal defense. There are defenses for drug possession that can help reduce or dismiss the charges.
Common Defenses for Drug Possession
When it comes to defending against possession of controlled substances, several strategies may apply. Each case is unique, and a skilled attorney can help determine the best defense for your situation.
Unlawful Search and Seizure
The Fourth Amendment protects you from illegal searches and seizures. If law enforcement found the drugs during an unlawful search—such as searching your car without probable cause—your attorney can file a motion to suppress the evidence. If successful, the charges may be dropped.
Lack of Possession
Just because drugs were found near you doesn’t automatically mean they were yours. You may be able to argue that you were unaware of the drugs or that they belonged to someone else.
Chain of Custody Issues
Prosecutors must maintain a clear chain of custody for the drugs from the time they were seized until trial. If there are gaps in this chain, your attorney could argue that the drugs have been tampered with or are not the same ones found in your possession.
Medical Use
For some controlled substances, like marijuana, you may have a valid prescription or medical use defense. States with legalized medical or recreational marijuana have specific protections, and your attorney can use this to your advantage.
Entrapment
Entrapment occurs when law enforcement pressures or convinces you to commit a crime you wouldn’t have otherwise committed. This defense can be used if an officer tricked or coerced you into possessing the drugs.
Seek Legal Assistance
Possession of controlled substances is a serious charge with potentially devastating consequences. However, with the right legal strategy, you can fight back.
Various defenses for drug possession could lead to reduced charges or even a dismissal. If you or someone you know is facing drug possession charges, it’s crucial to speak with an experienced attorney who can help guide you through the legal process.
Understanding your rights and options is the first step toward protecting your future. Need legal assistance? Contact Capetillo Law Firm today for a free consultation!
