Drug charges are a common reason for prosecution in Tennessee. People can end up accused of breaking the law for traveling through the state with substances that are legal elsewhere.
Seemingly minor choices that they make with prescribed medication could also open them up to prosecution. Any activity involving prohibited substances could also give police officers reason to arrest an individual and prosecutors reason to charge them with a crime.
Many people accused of breaking Tennessee drug laws do not have any criminal record and may fear what happens next. What can first-time offenders expect after their arrest?
The state announces charges at arraignment
Typically, state prosecutors announce the specific charges they intend to pursue at an arraignment hearing, which can occur as early as later in the same day as an individual’s arrest. Often, arrangement may take a day or two, especially if an arrest happens on a Friday or a holiday. It should happen within 72 hours of arrest. At arraignment, people can also potentially secure their release pending trial. At that point, they have to prepare to defend against their pending charges.
Defendants have until trial to prepare a defense
There are a variety of different drug defense strategies that can work in specific scenarios. Most of the time, defending against charges is a better option than pleading guilty. Even a minor first-time possession offense could cost someone thousands of dollars in fines and lead to their incarceration for months.
Provided that an individual possesses or transfers a small amount of a drug, they may face Class A misdemeanor charges. The penalties could include up to $2,500 in fines and as long as 11 months and 29 days in jail.
To avoid incarceration, fines and a criminal record, the person accused of a first-time drug offense has to look at all their options. Some defendants can raise questions about the legality of a search. When police officers clearly violate the law or the rights of an individual, that can impact the usefulness of evidence during criminal proceedings.
Other times, there may be proof that the drugs in question belonged to someone else, not the person who got arrested. First-time defendants may also be eligible for pretrial adjudication, such as proceedings in the adult recovery courts. They may be able to bypass the traditional criminal courts by undergoing treatment and supervision instead.
Discussing the situation that led to first-time Tennessee drug charges with a skilled legal team can help defendants plan a strong legal strategy. Those who know the risks and have the right help may improve their chances of avoiding a life-altering drug conviction.
