Many have headed home from Bonnaroo after 4 days of great music. The experience however may be one many would rather quickly forget. The week prior to Bonnaroo, police from all over the state of Tennessee ramp up their drug stops in an effort to curb the widely recognized drug use at the music event. Those driving into Tennessee from out of state face a substantial risk of being stopped while traveling to Bonnaroo. Here are a few answers to common questions we get each year from out of state callers looking for assistance with drug charges.
What is Simple Possession in Tennessee?
Generally, simple possession is the possession of illegal drugs in an amount the legislature has determined to be such a small amount that it is indicative of personal use and is not likely possessed with the intent to be resold or delivered. Simple possession in Tennessee is a Class A Misdemeanor and is punishable by fines, community service, and up to 11 months, 29 days in jail.
I received a citation for simple possession. Where I am from you would be arrested. Since I received a citation, can I just pay a fine?
With a misdemeanor offense in Tennessee, police officers have discretion in deciding whether to issue a written citation or make an arrest. If you are caught with a small amount of marijuana or drugs and are cooperative, often times those officers will simply issue a written citation. A written citation for simple possession is not like a speeding ticket and with exception to a few counties, such as Coffee County where Bonnaroo is held, it cannot just be paid. It is required that you show up for court and resolve the case.
I received a simple possession citation in Tennessee on the way to Bonnaroo. Am I going to jail?
Not necessarily, many simple possession cases result in probation.
The reason the officer gave me for stopping my vehicle is not true. Can they do that?
The 4th Amendment provides us with the right to be free from unreasonable searches and seizures. Your assertions are probably accurate – you were likely stopped because the tags on your vehicle are not from Tennessee and you are young or fit their profile of someone who may be traveling with illegal narcotics. The officers are primarily concerned with getting drugs off the street and out of your possession, in whatever way they have to do it. Officers recognize that sometimes their stops may not be lawful – and that those charges may ultimately be dismissed. They are successful, however, in seizing the drugs and they know that their credibility will be accepted over that of someone who is facing a drug charge. If you are looking to challenge the validity of the stop, contact our Tennessee drug defense lawyers today and we will be glad to speak with you about your case.
Can I fight the charge?
Absolutely. If you feel that you have been wrongfully charged, or that the officer did not have probable cause to stop or search your vehicle, you may have a valid defense to the charges. Call us today and we will be glad to discuss your case and your best course of action in resolving it.
Do I need an attorney for the simple possession citation in Tennessee?
When facing a criminal offense that could result in jail time, it is always advisable that you hire an attorney.
Which counties do you receive the most calls from following Bonnaroo?
Historically, we receive the most calls regarding cases in Rutherford County (Murfreesboro, TN) and from Putnam County (Cookeville, TN).
Which counties do you serve in Tennessee?
Depending on the nature and seriousness of the criminal charge, we offer our services in all of Middle Tennessee, including the Cookeville, TN area.
Our Nashville, Tennessee criminal defense lawyers have experience handling all types of drug cases, and are available to answer questions about your case. Contact them today for a free consultation and discussion about how to handle your drug charge in Tennessee.
