09/25/2016

Drug Offense

Drug Offense Criminal Attorneys of Memphis and Shelby County Tennessee

Memphis Criminal Lawyers

  • 39-17-417 Drug Offense; violations, fines; habitual drug offenders

Brooks Law Firm – Search and Arrest – Drug Offense

It is considered a drug offense to make, deliver, sell, or even to possess (with intent to distribute) a controlled substance. Like the Federal Government, Tennessee classifies various drugs into different “schedules.” The Schedules range from Schedule I through Schedule VII, with Schedule I being the most dangerous and addictive (and also having the most serious consequences). Depending on the offense committed and the Schedule of the drug, there will be different issues to consider. It is important to know what that means to your case. There are also many exceptions and exemptions which are too numerous to explain here. This is why it is important to consult with an experienced criminal defense attorney if you have been charged with a crime in relation to any controlled substances. Below are the classifications with brief descriptions of their consequences:

 

Schedule I – These drugs have a high potential for abuse and no accepted medical use. Committing one of the offenses mentioned above with a Schedule I controlled substance is a Class B felony. In addition, you may be fined up to one hundred thousand dollars ($100,000).

The most common include:

  • DMT
  • LSD
  • MDMA (Molly, Ecstasy)
  • Mushrooms (Psilocybin)
  • Peyote

 

Schedule II – These substances have a high potential for abuse, but they have some currently accepted medical use. Also, the abuse of Schedule II substances may lead to severe psychic or physical dependence. An offense related to cocaine or meth is a Class B felony if the amount involved is point five (0.5) grams or more, and you may be fined up to one hundred thousand dollars ($100,000). Any other offenses with Schedule II controlled substances (or cocaine or meth weighing less than point five (0.5) grams) is a Class C felony (and also has the potential for a fine up to $100,00). Examples of Schedule II drugs include:

  • Amphetamines
  • Cocaine
  • Methadone
  • Methamphetamines

 

Schedule III – These substances have a potential for abuse, but less than the substances listed in Schedules I and II. They also have a currently accepted medical use, but abuse of the substance may lead to moderate physical dependence, or high psychological dependence. Committing an offense with a Schedule III controlled substance is a Class D felony, and can carry a fine of up to fifty thousand dollars ($50,000). Schedule III controlled substances include:

  • Anabolic Steroids
  • Depressants
  • Ketamine
  • Testosterone

 

Schedule IV – These substances have a low potential for abuse compared to the substances in Schedule III. These substances currently have accepted medical uses for treatment and

abuse of the substance may lead to limited physical dependence, or psychological dependence. The selling, manufacturing, delivering, or intent to sell a Schedule IV controlled substance is a Class D felony with the possibility of an up to fifty thousand dollar ($50,000) fine. However, the same offense committed with Flunitrazepam is a Class C felony and up to one hundred thousand dollars ($100,000) fine. Some Schedule IV drugs are:

  • Clonazepam
  • Tranquilizers
  • Sedatives

 

Schedule V – These substances have a low potential for abuse. They also have a currently accepted medical use, and have limited physical dependence or psychological dependence. A violation with respect to Schedule V controlled substances is a Class E felony and has the  potential for a fine of up to five thousand dollars ($5,000). The most common Schedule V is:

  • Tylenol (with Codeine)

 

Schedule VI – This Schedule is made up of those controlled substances which the Commissioner of Mental Health and Substance Abuse Services decides should not be included in Schedules I through V. A violation with respect to at least a half-ounce (14.175 grams), or up to ten pounds (4,535 grams) of marijuana is a Class E felony, and may include a fine of up to five thousand dollars ($5,000). Violations with marijuana in an amount between ten pounds (10 lbs.) (4536 grams) and seventy pounds (70 lbs.) (31,696 grams) is a Class D felony and may carry a fine of up to fifty thousand dollars ($50,000). The most common Schedule VI controlled substances are:

  • Marijuana
  • Synthetic Marijuana

 

Schedule VII – Those substances that are not included in Schedules I through VI. Violations  with respect to a Schedule VII controlled substance is a Class E felony and may include fines of up to one thousand dollars ($1,000). Schedule VII is mostly concerned with:

  • Butyl Nitrite
  • Any isomer of Butyl Nitrite

 

Drug Charges can have serious consequences on your future job prospects and family. Patrick Brooks is a Memphis criminal defense lawyer that understands the consequences you  are facing and works hard to protect your rights. The legal system can seem complicated at times, but attorney Patrick Brooks understands this and will find solutions to your problems. If facing difficult decisions regarding your drug charges, contact an experienced criminal defense attorney in Memphis Tennessee that will explain the criminal charges before you talk to anyone else. Brooks Law Firm will work hard to negotiate the best possible settlement of your case, including the dismissal of charges and expungement of your record. When your back is against the wall, our Memphis criminal defense lawyers are dedicated to helping you find the right solution to your criminal charges, including informing you of all options and defenses available.

 

Brooks Law Firm is dedicated to fighting for your freedom and the ability to move on after your case. Brooks Law Firm asks the tough questions. Is this your first offense? Were there extenuating circumstances? Did the officers involved violate your constitutional rights? There are many possible defenses that could exist in a drug case, and you have more options than just pleading guilty. Call today and talk to Patrick Brooks. Memphis criminal defense attorneys are ready to talk about your drug charges and all options for moving forward. Brooks Law Firm offers the initial consultation for free. Call (901) 324-5000.

 

AGGRESSIVE CRIMINAL DEFENSE FOR THE BEST RESULTS

 

Mr. Brooks will work across the divisions of the judicial system to get you the best possible result. Judges and prosecutors respect his drive and personal touch he gives both the cases and criminal clients he represents. You need a skilled attorney ready to get the best results possible in plea negotiations and courtroom presence. Brooks Law Firm has Spanish Interpreters available at a moment’s notice. Brooks Law Firm is fair, and works with clients in regards to costs, fees, and fines associated with your criminal charges. When you need a criminal defense lawyer in Memphis and Shelby County, Tennessee that will fight for your rights both inside and outside the courtroom, Attorney Patrick Brooks is who you should call.

FREE CONSULTATION OF YOUR DRUG OFFENSE CHARGE WITH A LAWYER

 

Our offices are conveniently located 1) Downtown Office: 239 Adams Avenue, Memphis Tennessee 38103 TEL: (901) 324-5000 and 2) Midtown Office: 2299 Union Avenue, Memphis Tennessee 38103 TEL: (901) 726-0111. Our Midtown Office is Handicap-equipped for disabled persons. We accept cash and credit cards and we will work with clients on payment plans when that option is available to suit the needs of the client. Call Brooks Law Firm for a free consultation today regarding your criminal charges. Our lawyers practice in: Arlington, Bartlett, Cordova, Collierville, Germantown and Millington, Tennessee. Practice also includes West Tennessee Counties: Crockett, Dyer, Haywood, Hardeman, Fayette, Madison, Shelby and, Tipton. Free Consultation of your drug offense with one of our attorneys.