
Simple drug possession is a drug charge that does not involve possession with intent to distribute. However, a conviction for simple possession can still lead to serious penalties and collateral consequences. The best way to avoid these consequences is to avoid a conviction in the first place. Therefore, one of the most important steps that you can take after your drug crime arrest is to contact an experienced criminal defense attorney who can represent you throughout your legal matter.
Types of Simple Drug Possession
A police officer could arrest someone for simple drug possession if they actually or constructively possess an illegal drug. Actual possession usually means that the officer finds the drug directly on an individual’s person, such as in their hands or in a coat or pants pocket.
On the other hand, constructive possession usually means that the officer finds the drug in the person’s general reach area. For example, if an officer recovers illegal drugs in a motor vehicle, then they might be in a position to charge the driver and all vehicle occupants with constructive possession. In that instance, an arrestee may be able to defend that they were unaware of the drug’s presence in the vehicle.
Potential Penalties upon Conviction for Simple Drug Possession
The state prosecutor who handles a criminal drug case has the legal burden of proof which they must satisfy beyond a reasonable doubt – or beyond a doubt that is based upon common sense and ordinary reason. If the prosecutor can legally meet this burden, then they may be able to obtain a conviction for the drug offense. The case will then go to a judge for sentencing.
The penalties that an offender might incur will depend upon the type and quantity of the drugs they possess. Potential penalties upon conviction could include any of the following:
● Prison time
● High monetary fines
● Court-imposed community service
● Mandatory participation in a drug rehabilitation program
● Probation
Convicted drug offenders can also suffer significant harm to their reputation in the community and other collateral consequences – including an inability to find a place to live, work, or go to school.
Call Us Today to Schedule a Free Case Evaluation
When it comes to criminal drug offenses, there is too much riding on the line to go it alone. The skilled team of attorneys at Cohen Law Offices will work to ensure that your legal rights remain protected while your criminal case is pending. We can also represent you at all court hearings in your case.
To schedule a free case evaluation and legal consultation with an experienced drug crime defense lawyer, please call Cohen Law Offices today at (715) 514-5051 or contact us online.