Drug Trafficking

If you have been arrested for selling, manufacturing, delivering, or other activities that involve large amounts of controlled substances, you may be facing a drug trafficking charge. Tennessee prosecutors pursue drug charges aggressively, while the law provides harsh punishments upon a conviction. Putting experienced legal representation on your side can strengthen your ability to contest the charges. Nashville drug trafficking lawyer Bernie McEvoy has successfully advocated for individuals throughout Davidson and Williamson Counties in complex drug crime cases. He has the knowledge to guide you through criminal proceedings and defend your rights after an arrest for trafficking in marijuana or other drugs.

Drug trafficking laws in Tennessee prohibit a person from knowingly manufacturing, delivering, or selling a controlled substance. Drug trafficking is illegal under both Tennessee and federal laws. If the drugs involved were transported across state or international borders, for example, the offense may be prosecuted as a federal crime.

It is also a crime to knowingly possess a controlled substance with the intent to manufacture, deliver, or sell it. This offense is covered under Tennessee’s drug trafficking statute but is often called “possession with intent.” The law allows the inference that, based on the amount of a controlled substance or substances possessed by an individual, along with other relevant facts surrounding the arrest, the drugs were meant for selling instead of personal use. For instance, possession of one-half ounce or more of marijuana is enough to permit an inference that the defendant had the intent necessary for a drug trafficking charge as opposed to simple possession. However, the state must still prove beyond a reasonable doubt that a defendant intended to deliver or sell the marijuana. Evidence related to personal consumption like a bong or pipe at the scene of an arrest may not be sufficient to show intent. However, each case is different, and a drug trafficking attorney can advise Nashville residents on the type of charge that they are likely to face.

Drug trafficking is a felony offense, and the penalties for a conviction are based on the class of felony charged. This largely depends on the drug schedule of the controlled substance, the amount of drugs, and any aggravating circumstances, such as the involvement of minors or prior convictions. In some cases, a conviction may result in mandatory minimum penalties. Generally, a drug trafficking conviction may include incarceration, a fine, probation, community service, and potentially other consequences.

Building a solid defense against the prosecution involves examining every aspect of a drug trafficking case, including the arrest and any interactions with authorities. Holding the police accountable for constitutional violations is an important part of criminal defense work. A skilled Nashville drug trafficking attorney can determine whether an initial traffic stop was legitimate, whether the arrest was based on probable cause, whether the defendant was informed of his or her rights, and whether the defendant’s rights were violated at any point by an unreasonable search. A successful objection to illegally obtained evidence, such as drugs or incriminating statements, could cripple the prosecution’s case against a defendant. Further investigation may also reveal facts that cast doubt on a defendant’s guilt. For example, ascertaining an alibi or uncovering evidence that indicates that the defendant lacked the knowledge or intent required to commit a crime could lead to the dismissal of a drug trafficking charge.

Drug trafficking is a serious charge, but there may be defenses available to avoid a conviction. Nashville attorney Bernie McEvoy recognizes that protecting the rights of his clients is critical during criminal proceedings. He can examine the details of your case and determine an appropriate strategy against the prosecution. Attorney McEvoy can represent residents of Nashville, Franklin, and other cities in Davidson and Williamson Counties in cases involving drug crimes, DUI, and many other criminal charges. To arrange your personalized consultation, contact the Law Office of Bernie McEvoy by calling (615) 255-9595 or (615) 804-8779 or by completing our contact form online.