Drug Crime Attorneys in Grainger County

Are you facing drug possession or drug trafficking charges in Grainger County? Then turn to knowledgeable attorney Evan M. Newman from Daniel, Daniel, & Newman for experienced and dedicated legal advice and advocacy.

For over 80 years, Grainger County citizens have relied on the Daniel name for quality legal service. Evan has dedicated his career to providing the same high level of client service on which his great-uncle Creed Daniel and Creed’s son, the late Dirk Daniel, built their legacy and reputation.

As a Christian business, we understand the culture, ideals, and values that Grainger County residents hold dear. That’s why we work tirelessly to provide clients with understanding, empathy, and personal attention in their time of need.

Don’t wait to get the help you need during this challenging time. Discover your legal options for pursuing a favorable resolution to your state or federal drug charges. Contact Daniel, Daniel, & Newman today for a free initial case evaluation with Evan, a reputable Grainger County drug crime attorney, and find out how he can help.

Why You Need a Grainger County Drug Crime Defense Lawyer

The government vigorously prosecutes drug-related crimes. You need Evan, a seasoned criminal defense lawyer from Daniel, Daniel, & Newman, who can level the playing field and help you stand up for your rights and reputation.

Our firm will guide you through the criminal justice process and fight for a favorable outcome to your case by:

• Independently investigating your charges to obtain evidence we can use to build a compelling defense case
• Evaluating the facts and evidence to identify potential case strategies
• Helping you understand your charges and the potential outcomes to help you make informed decisions
• Challenging the prosecution’s case at each stage, including moving to exclude evidence or reduce/dismiss your charges
• Vigorously pursuing the best possible outcome under the circumstances, whether that involves a favorable plea deal or going to trial to advocate your innocence and fight the prosecution’s case

How Can You Protect Your Rights During and After a Drug Arrest?

Following an arrest on drug charges in Grainger County, you can best protect your rights and put yourself in a favorable position to defend yourself against prosecution for drug possession, distribution, or trafficking by:

• Invoking your right to remain silent and respectfully declining to answer the police’s questions about your charges
• Invoking your right to legal counsel and asking to speak with a criminal defense attorney as soon as possible
• Gathering relevant evidence after your release from arrest, including photos, text messages, prescription orders, and contact information for witnesses

What Are Tennessee’s Drug Possession Laws?

Tennessee drug possession laws make it unlawful for an individual to knowingly possess, distribute, or manufacture controlled substances. (There are exceptions as permitted by law, such as under a valid medical practitioner license or a valid prescription order.) Tennessee categorizes drug possession offenses as either simple possession or possession with intent to manufacture, deliver, or sell.

Simple possession, outlawed under TN Code §39-17-418, occurs when a person possesses drugs for personal consumption or casually exchanges drugs with another person to share in consumption, unless the person possesses the drugs under a valid prescription order. Further, simple possession may involve distributing an amount of marijuana not exceeding one-half of an ounce.

Simple possession of drugs constitutes a Class A misdemeanor unless an adult casually exchanges drugs with a minor two years younger than them and knows the individual is under 18, in which case the offense becomes a felony under the possession with intent to deliver statute. A third or subsequent conviction for simple possession may also become a felony offense if the current violation involves Schedule I drugs.

Manufacturing, delivery, or sale of drugs or possession of drugs with intent to manufacture, deliver, or sell, under TN Code §39-17-417, constitutes a much more severe criminal offense, as the law grades the offense as a felony.

The specific grading of an offense depends on the type of drugs involved. Offenses involving Schedule I drugs, or 0.5 grams or more of cocaine, methamphetamine, fentanyl, carfentanil, remifentanil, alfentanil, or thiafentanil constitute a Class B felony.

Offenses involving Schedule II drugs or less than or 0.5 grams or more of cocaine, methamphetamine, fentanyl, carfentanil, remifentanil, alfentanil, or thiafentanil constitute a Class C felony, unless the defendant used a deadly weapon during their offense to cause injury or death to another person, in which case the offense becomes a Class B felony.

Offenses involving Schedule III or IV drugs (except flunitrazepam) constitute a Class D felony. Offenses involving Schedule V and VII drugs constitute a Class E felony. Marijuana offenses may qualify as a Class E, D, or C felony depending on the quantity of drugs involved.

Finally, offenses involving large quantities of specific drugs, including heroin, cocaine, morphine, LSD, fentanyl, peyote, and marijuana, constitute Class B or A felonies.

What Are the Sentences for Drug Felonies and Misdemeanors in Tennessee?

Sentences for drug felonies and misdemeanors under Tennessee law depend on the grading of the offense, with possession of Schedule I or II drugs carrying the harshest penalties. Sentencing ranges for convictions include:

• Class A Felony – 15 to 60 years in prison, plus a potential fine of up to $500,000
• Class B Felony – Eight to 30 years in prison, plus a potential fine of up to $100,000 or $200,000, depending on the type and quantity of drugs involved
• Class C Felony – Three to 15 years in prison, plus a potential fine of up to $100,000
• Class D Felony – Two to 12 years in prison, plus a potential fine of up to $50,000
• Class E Felony – One to six years in prison, plus a potential fine of up to $1,000 or $5,000, depending on the offense
• Class A Misdemeanor – Up to 11 months, 29 days in jail, a fine of up to $2,500, or both incarceration and a fine, with a mandatory minimum 30-day term for offenses involving methamphetamine

What Are the Different Drug Schedules?

Under Tennessee’s Drug Control Act, contained in TN Code §39-17-401 et seq., dangerous drugs fall into different categories called “schedules.” These schedules classify controlled substances based on the risks of their use and their medical usefulness; schedules exclude Tennessee legal drugs.

The most dangerous drugs fall into Schedule I, which includes drugs that have a high potential for abuse and no accepted medical use in treatment or lacking accepted safety for use in treatment under medical supervision.

Examples of Schedule I drugs include the following:

Schedule II drugs include those that have a high potential for abuse but also have accepted medical use in treatment or a currently accepted medical use with severe restrictions, as abuse for the substance can lead to severe psychic or physical dependence.

Examples of Schedule II drugs include the following:

Schedule III drugs have a potential for abuse less than Schedule I or II drugs, with abuse leading to low to moderate physical dependence or high psychological dependence, and have currently accepted medical use in treatment. Schedule III drugs include ketamine and anabolic steroids.

Schedule IV drugs have a low potential for abuse relative to Schedule III drugs, with abuse leading to limited physical or psychological dependence, and have currently accepted medical use in treatment. Schedule IV drugs include barbital, clonazepam, diazepam, and tramadol.

Schedule V drugs have a low potential for abuse relative to Schedule IV drugs, with abuse have a limited risk for physical or psychological dependence, and have currently accepted medical use in treatment. Examples of Schedule V drugs include gabapentin and pregabalin.

In Tennessee, Schedule VI drugs include marijuana, THC, and their synthetic equivalents. Finally, Schedule VII controlled substances include any substance that does not fall within Schedules I through VI.

What Are Common Defenses in Grainger County Drug Possession Cases?

Individuals charged with drug possession crimes in Grainger County can turn to an experienced drug possession lawyer to help them develop and present legal and factual defenses against their charges. Common defense strategies used in drug possession cases include the following:

• Lawful Possession – A defendant charged with simple possession of drugs may present a prescription order justifying their possession.
• Lack of Knowledge/Intent – Defendants may argue that they did not act with the required knowledge or intent under the drug possession statutes.
• Lack of Possession – A defendant can challenge the prosecution’s evidence, arguing that it fails to prove beyond a reasonable doubt that they had actual (physical) or constructive (control) possession of the drugs.
• Inadequate/Unreliable Lab Testing – Defendants may assert that the government’s case fails to prove that the substance seized by police constituted controlled substances due to a lack of reliable chemical testing confirming the substance’s identity.
• Unlawfully Obtained Evidence – Defendants frequently seek to exclude evidence from the prosecution’s case by arguing that police obtained drugs or other evidence through an unlawful search without a warrant or probable cause. Defendants may also seek to exclude their inculpatory statements to investigators by asserting that officers failed to advise them of their rights or unlawfully coerced the defendant’s statement.

Contact a Grainger County Drug Crime Defense Attorney Today

If you’ve been charged with a violation of Tennessee drug laws, you need experienced legal guidance and advocacy to protect your rights and future. Contact Daniel, Daniel, & Newman today for a free, confidential consultation with Evan Newman, a compassionate, knowledgeable Grainger County drug crime lawyer.