How do you beat a simple possession charge in Tennessee?

August 12, 2019 Off By idswater

How do you beat a simple possession charge in Tennessee?

Tennessee simple possession cases that were dismissed, retired, or otherwise received a verdict of not guilty may be easily expunged by filing paperwork with the court clerk. These cases may be cleared from your record without paying the standard fee.

What happens when you get simple possession?

Simple drug possession is most often charged as a misdemeanor (as opposed to a felony or an infraction). A conviction of this criminal charge is punishable by: imprisonment in county jail for up to one year, and/or. a maximum fine of $1,000.

What is a Class E felony in TN?

Class E felonies, the least serious felonies in Tennessee, are punishable by one to six years in prison, as well as a fine of up to $3,000. Theft of property worth more than $1,000 but less than $2,500 is a class E felony.

What charges can be expunged in Tennessee?

You may be eligible for free expungement in Tennessee if:

  • You had charges against you dismissed.
  • A “no true bill” was returned by a grand jury.
  • You were arrested and released without being charged.
  • You went to trial, which resulted in a not guilty verdict.

Is simple possession a felony in Tennessee?

A first-time charge of simple possession or casual exchange of a controlled substance under Tennessee Code Annotated § 39-17-418 is a Class A misdemeanor. A violation under Tennessee Code Annotated § 39-17-418 is a felony if a person has two (2) or more prior convictions under this section.

How do you win a drug possession case?

How To Win A Drug Possession Case

  1. Get Attorney Representation Immediately. Your first step is to hire a reputable drug possession attorney who specializes in fighting felony drug charges.
  2. Assess Possible Defense Strategies.
  3. Lab Testing Issues.
  4. Beyond a Reasonable Doubt.
  5. Contact a Drug Possession Attorney Today.

Can you get probation for a Class D felony in Tennessee?

A person with a Class D felony conviction can apply for a pardon with the Tennessee Board of Probation and Parole. A 5-year waiting period is required following the completion of the felony sentence and there can be no criminal activity during that waiting period.

Can a felon own a gun after 10 years in Tennessee?

A person who has been convicted of any felony under Tennessee law is prohibited by federal law from possessing any firearm unless that person has obtained a complete restoration firearms rights under state law.

What is a Class D felony in Tennessee?

Class D Felonies A class D felony is punishable by two to 12 years’ imprisonment, and a fine of up to $5,000. Possession of between ten and 70 pounds of marijuana is a class D felony in Tennessee.

Is tampering with evidence a felony in Tennessee?

(b) A violation of this section is a Class C felony.

What are the penalties for possession of marijuana in Tennessee?

Possession of paraphernalia is a Class A misdemeanor and is punishable with up to 1 year of incarceration and a fine of between $150 and $2,500. For a second or subsequent violation, the mandatory minimum fine increases to $250. Sale of paraphernalia is a Class E felony, punishable with 1-6 years of incarceration and a maximum fine of $5,000.

What is the penalty for second possession of marijuana?

The penalty increases to a felony for a second possession offense. If someone possesses marijuana in order to sell it or for other criminal reasons, the penalties become much harsher—including possible mandatory prison time and forfeiture of property or money .

What are the penalties for simple drug possession?

If you are charged with simple possession or casual exchange you will face Class A misdemeanor penalties for possession of most controlled substances. This means you may serve up to one year in jail and face fines up to $2,500.

When to use simple possession charge in Tennessee?

Simple Possession is the lowest drug charge in Tennessee, and is used in cases where a defendant is found with illegal drugs in their possession, but no evidence that they might be dealing, delivering, or manufacturing.

What’s the punishment for marijuana possession in Tennessee?

Simple possession of marijuana or exchanging up to and including one half of ounce of marijuana (with or without payment), is a Class A misdemeanor. For a first conviction, penalties include up to a year in jail, a fine of up at least $250 and as much as $2,500, or both.

What are the penalties for simple possession in Tennessee?

TCA § 39-17-417 – Criminal offenses and penalties TCA § 39-17-425 – Unlawful drug paraphernalia uses and activities (e) (1) Class A misdemeanor, not greater than eleven (11) months, twenty-nine (29) days or a fine not to exceed two thousand five hundred dollars ($2,500), or both, unless otherwise provided by statute.

If you are charged with simple possession or casual exchange you will face Class A misdemeanor penalties for possession of most controlled substances. This means you may serve up to one year in jail and face fines up to $2,500.

What happens if you get charged with marijuana for a second time?

If you are charged with possession of marijuana, and it is your second offense, you will still face misdemeanor charges. But, if this is your third marijuana possession charge or you are accused of possession heroin, cocaine, or any other serious drug for a second time, you will face felony charges.