What if the Drugs Were Not Mine and I Did Not Know They Were There?

Drug charges are punished harshly in Tennessee. Under Tenn. Code Ann. § 39-17-418, a simple possession charge is a Class A misdemeanor. All other charges are typically felonies.

Because of this, there is a lot at stake. You need to have a solid defense in place if you want your charges to be reduced or eliminated.

In your case, you may be falsely accused of a drug crime. Maybe you got pulled over, and police found marijuana in your car. But the thing is, you do not do drugs. You have never seen these drugs in your life. You have a friend who was riding in your car a few days ago, and they sometimes smoke marijuana. It’s their drugs. You know they are. But how do you prove this to the police?

You could still get arrested for being near drugs even though you had no knowledge. However, the prosecution will need to prove that you knew about the drugs. You will need an experienced criminal defense lawyer on your side to convince the prosecutor, judge, and maybe a jury. Here is what you need to know.

Possession

Under Tennessee criminal law, possession refers to having either physical control over an item or the ability and intent to control it. There are two types of possession:

• Actual possession. This means having direct physical control of an item, such as holding it in your hand or carrying it in your pocket or bag. If, for example, police find illegal drugs in your pocket during a search, proving actual possession is generally clear-cut.
• Constructive possession. This doesn’t require physical possession. It applies when someone has legal control over an illegal item, even if they aren’t physically holding it. The prosecution must show that you had knowledge of the illegal items and the ability to control them. For example, if drugs are found in your home or vehicle, the prosecution may argue you had constructive possession because the location is under your control.

However, being near illegal substances isn’t enough for a conviction. Tennessee courts require that the prosecution demonstrate both the power and intent to control the substances. Circumstantial evidence is often used to prove constructive possession, such as where the items were located, whether personal belongings were found nearby, and statements made during an arrest.

Proving Lack of Knowledge

Proving a lack of knowledge can be difficult, but not impossible. If you can demonstrate you were unaware of the drugs presence, it can be a strong defense.

Provide credible reasons for the drugs presence without your knowledge. Gather evidence that supports your claim, such as witness statements, surveillance footage, or receipts. If the drugs were discovered through an unlawful search, the evidence may be inadmissible.

A criminal defense attorney can challenge the evidence and build a strong defense strategy. They can help investigate the circumstances of the arrest and question the validity of the evidence.

Contact Us Today

Drug charges are taken seriously in Tennessee. Act quickly to protect your rights.

Your freedom is in danger. Protect yourself with help from a Murfreesboro criminal defense attorney from The Law Office of David L. Scott. Schedule a consultation today. Contact us via (615) 896-7656 or online here.