Have you been arrested for drug possession, even though you’re innocent of the charge?
While it’s easier than you might think to be charged with possession, know that you have rights—and that an experienced drug crimes attorney can make sure that your side of the story is heard.
Tell Our Attorneys About Your Case
The drug possession attorneys at Wilson, Reives & Silverman are dedicated to every case and driven to protect every one of our client’s rights. Whether your charge is minor or major, at the state or federal level, your professional reputation and personal life are on the line. We realize that the stakes are high, and are prepared to fight to clear your name.
What are your rights in a drug possession case?
It’s not uncommon be arrested for possession even if drugs are not in your physical possession. For example, if drugs are in a common area, anyone with access to that area could realistically face charges for drug possession.
You may feel that police did not have a right to search you for drugs, or that your search or arrest was in violation of your constitutional rights.
Similarly, you may feel that you’ve been arrested on the suspicion that a substance in your possession is a controlled substance, or that prescription drugs found in your possession were not legitimately prescribed by a doctor.
Know that you always have the following rights:
Because there are scores of ways that a drug possession case can be defended and examined, you need the experience and acumen of a seasoned drug possession attorney to help you find your way through. With an attorney helping you determine the best course of action to take, you have the best chance of a favorable outcome in your case.
How is drug possession proved?
To convict you of a drug possession crime, prosecutors must be able to prove beyond a reasonable doubt that:
After that, the laws divide drug possession charges into two categories:
This is also called possession with the intent for personal use. It is usually a charge for a smaller amount, and usually carries a smaller penalty.
Possession with the intent to distribute
This charge is usually for an amount larger than what’s considered for personal use, and carries a stiffer penalty. To prove this charge, prosecutors may produce evidence such as large quantities of the drug, scales, baggies or vials, large amounts of cash and witness testimony.
Drug possession charges can also be made for possession of drug paraphernalia such as bongs or water pipes, syringes or crack pipes. If paraphernalia is found to contain drug residue, or if it is sold exclusively for use with controlled substances, the paraphernalia can be determined as being intended for “primary use” of drugs.
There are also laws that restrict the possession of certain equipment or chemicals commonly used in the cultivation or manufacturing of drugs. These include, for example, high quantities of cold and allergy tablets that contain ephedrine or pseudoephedrine and are used to make methamphetamine.
It’s time to speak with a lawyer
Drug possession cases can have life-long consequences. But choosing the right drug possession attorney can make a serious difference in both your outcome and your experience.
The drug possession attorneys at Wilson, Reives & Silverman are here to provide you with trusted, effective and experienced legal counsel. We’re ready to work with you to win your case and clear your name, so you can move forward with your professional and personal life.