Defending Drug Charges
Drug Charges in Williamson County, Tennessee
If you have been arrested and charged with a misdemeanor or felony drug offense you need an attorney with experience defending drug and drug related offenses. John M. Milazo at Milazo Law, P.C. has extensive experience representing people charged with drug offenses. You may have a legal defense to a drug charge or you may even be eligible to have your drug case handled so that the charges are expunged from your criminal record after a probationary period. It is important to understand the legal issues and defenses associated with drug offenses. There are factors related to an arrest that could allow the evidence against you to be suppressed and it will prohibit the prosecutor from using that evidence against you. We first determine if the Police had the right to stop or arrest you and in the event of a vehicle search or search of your person, we examine the circumstances to determine if the search was in violation of your Constitutional Rights. You need an experienced attorney to assess your case and look for the important issues such as an illegal search or seizure, which can be paramount to your defense of drug charges. Even if the Police have obtained a Search Warrant, signed by a Judge, and properly executed or served it, the Search Warrant may be attacked and found to violate your Constitutional Rights.
Controlled Substances
Controlled Substances include marijuana, cocaine (both powder cocaine and crack cocaine), Methamphetamines (Crystal Meth), Heroin, and several prescription drugs. Controlled Substances are classified into schedules based upon: (1) The actual or relative potential for abuse; (2) The scientific evidence of its pharmacological effect, if known; (3) The state of current scientific knowledge regarding the substance; (4) The history and current pattern of abuse; (5) The scope, duration and significance of abuse; (6) The risk to the public health; (7) The potential of the substance to produce psychic or physiological dependence liability; and (8) Whether the substance is an immediate precursor of a substance already controlled under this section.
Drug Offense Punishment
Drug Crimes or Drug Related Crimes are classified as either Misdemeanor or Felony Offenses. Misdemeanor drug offenses include Simple Possession of a Controlled Substance, Possession of Legend Drugs and Possession of Drug Paraphernalia. Felony drug offenses include the Sale of a Controlled Substance, Delivery of a Controlled Substance, Possession of Controlled Substances for Resale and Manufacturing a Controlled Substance. Prescription Drug Fraud or obtaining prescription drugs by fraud are also felony drug offenses.
Misdemeanor Offenses may be punished by up to 11 Months 29 Days in Jail with fines up to $2,500.00. If convicted, alternative punishment such as probation may be available for these crimes.
Felony Offenses may be punished with incarceration from 1 year to 60 years depending on the class of felony and the applicable sentencing range. Fines for these offenses vary greatly. Probation is available as an alternative to incarceration for some felony offenses.
If you have been arrested and charged with a Drug Offense Contact Us at Milazo Law to discuss your case.
By John Milazo