Understanding Constructive Possession In a Tennessee Criminal Offense from Stan Bennett In practical terms, constructive possession applies when something is near you, or in your vicinity, but is not actually on your person. If that same firearm was found under the seat of the car you were in the prosecutor might make a constructive possession [ ] The post Understanding Constructive Possession In a Tennessee Criminal Offense appeared first on Bennett & Michael, Attorneys at Law.
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Tag Archives: possession
Do I Need a Drug Defense Attorney for a Misdemeanor Possession Charge?
In recent years there has been a growing movement across the country to legalize, or at least decriminalize marijuana. In most states, possession of a small amount of marijuana and sometimes even other controlled substances is charged as a misdemeanor offense. In the State of Tennessee, possession of marijuana remains a criminal offense; [ ] The post Do I Need a Drug Defense Attorney for a Misdemeanor Possession Charge? appeared first on Bennett & Michael, Attorneys at Law.
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What Is Constructive Possession?
For a judge or jury to convict you of a criminal offense in the State of Tennessee – or anywhere in the United States the judicial system requires the prosecution to prove each and every element of the crime beyond a reasonable doubt. If the offense includes an element that involves “possession” it may be more difficult for the State of Tennessee to prove than you realize if the State is relying on the legal concept known as “constructive possession” in order to satisfy the “possession” element of the offense. Only an experienced Tennessee criminal attorney can evaluate your case and advise you whether or not the prosecution of your case involves constructive possession; however, if your case does involve constructive possession it will be to your benefit to understand what the State has to prove and how you may be able to use the situation to your advantage. Elements of a Crime “Possession” is often an element in a criminal offense, either because it is illegal to p
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What Is the Potential Punishment for Possession or Sale of Morphine in Tennessee?
When most people hear the word “drugs” they immediately envision illicit street drugs such as heroin, methamphetamine, or cocaine. While the possession or sale of those drugs is certainly illegal, so is the possession or sale of other controlled substances that are found in prescription medications, such as morphine. If you have been charged with an offense that involves morphine, you likely want to know “What is the potential punishment for possession or sale of morphine in Tennessee?” Tennessee, like all states, has followed the federal example and classified drugs (street or prescription) into categories or “schedules.” Schedule I controlled substances have the highest potential for abuse and have no accepted medical use in the United States. Schedule II controlled substances have a high potential for addiction and abuse and have an accepted, but highly restricted, medical use in the U.S. As the Schedules increase the potential for abuse decreases and the accepted medi
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What Is the Punishment for Possession or Sale of Cocaine in Tennessee?
DCF 1.0 Since the “War on Drugs” began back in the 1970s most states across the United States have strengthened their controlled substance laws as well as increased the possible penalties for violating those laws. The State of Tennessee is no exception. If you have recently been arrested and charged with a cocaine related offense you should know the punishment for possession or sale of cocaine in Tennessee. Because of the various factors that can all impact the punishment you are personally facing, as well as the likelihood of being convicted of the charges you are facing, it is in your best interest to consult with an experienced Tennessee criminal defense attorney as soon as possible; however, a basic understanding of the laws and penalties for possessing or selling cocaine is a good place to start. Factors that will typically affect your potential sentencing range for a controlled substance conviction include: ·What schedule the substance is classified as ·The type of control
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What Is the Punishment for the Possession or Sale of Oxycodone in Tennessee?
For the past several decades the United States has waged the “War on Drugs” across the country in an attempt to eliminate the influx of, and use of, illegal drugs in the country. Originally, the focus of the War on Drugs was drugs such as marijuana, heroin, and cocaine. In more recent years, however, prescription drugs have taken center stage in the War on Drugs. Oxycodone, in particular, has been target by law enforcement agencies across the country, including the State of Tennessee. If you have been arrested and charged with an offense related to Oxycodone you need to know the punishment for the possession or sale of Oxycodone in Tennessee. Oxycodone is the active ingredient on OxyContin, a prescription medication used to treat moderate to severe chronic pain. If you have a valid prescription for OxyContin, or another related medication, you may, of course, legally possess your own medication. If, however, you do not have a valid prescription the possession of Oxycodone in any f
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