Experienced Attorneys Handling Drug Possession Charges

When facing criminal possession of controlled substances charges, the stakes are high. You don’t want to lose your case and end up in jail or to have to pay heavy fines. Get the help of an experienced, aggressive criminal defense lawyer who will protect your future.

At Sumrall & Welch, PLLC, you will find a lawyer who understands drug progression charges and knows how to successfully defend you against these charges. With decades of criminal law experience in Jackson and throughout Mississippi, we handle all types of criminal defense matters. Attorney Thomas P. Welch, Jr., spent the early part of his career as a with the Mississippi Bureau of Narcotics, where he became deeply familiar with the laws and paperwork involved with prosecuting drug crimes. He can break these evidentiary pieces to win in the courtroom and protect our clients.

Simple Possession

Simple possession is just as the name suggests. It includes just the possession of an illegal controlled substance. The severity of the charges and corresponding sentence schedules increase with greater quantities and more serious drugs. Above a certain weight or quantity threshold, which differs with different classes of drugs, charges can be increased from simple possession to possession with intent.

Possession With Intent

Charges of possession with intent involve some evidence that you indeed intended to sell or distribute the drugs in possession. There are basically two ways for the police and prosecutor to establish intent:

• Large quantities: As mentioned above, a quantity of a controlled substance above a certain threshold creates a legal presumption of intent. The simplest explanation is that no one would have a controlled substance above a certain high quantity for personal use, therefore it must be possessed for the purpose of distribution.
• Other evidence: If the police uncovered evidence of phone calls or other communications that suggest actual intent to distribute, or equipment like scales, chemical testing equipment and multiple small packages that could suggest dividing up a controlled substance for resale, they could bring charges of intent to distribute.

These are serious charges. At Sumrall & Welch, PLLC, we know how to fight these charges and help protect our clients’ freedom.

Possession Of Paraphernalia

Pipes and other paraphernalia constitute a separate criminal charge in Mississippi. Mississippi statutes are thorough in describing what constitutes paraphernalia:

“It is unlawful for a person who is not authorized by the State Board of Medical Licensure, State Board of Pharmacy, or other lawful authority to use, or to possess with intent to use, paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of the Uniform Controlled Substances Law.” Mississippi Code Title 41. Public Health § 41-29-139

Anything that could be reasonably construed as a potential tool for using or distributing drugs could be treated as “paraphernalia.”

Frequently Asked Questions About Drug Possession Crimes In Mississippi

Look to our attorneys for answers to your most important questions, including:

What are the penalties for drug possession in Mississippi?

If you are convicted of illegal drug possession, then you may face incarceration, fines and other punishments. The severity of your charges generally depends on the type and quantity of the substance in your possession. For example, possessing a large quantity of a highly addictive drug can lead to harsher punishments than if you possessed a small quantity of a mildly addictive drug.

Criminal charges can also vary depending on other factors as well. Prior criminal charges may also increase drug possession charges, as could situations where minors may be in danger due to the presence of the drugs. Our attorneys at Sumrall & Welch, PLLC, can help you understand the charges you face and potential defenses.

What is considered a “controlled substance” under Mississippi law?

Under the Controlled Substances Act and Mississippi laws, a controlled substance is any kind of drug that is classified under one of five different schedules. Schedules are based on a substance’s possible medical uses and potential for abuse. Drugs with little to no known medical uses have the harshest restrictions under a Schedule I or II classification, and can lead to maximum punishments.

Can I be charged with drug possession if I’m a passenger in a vehicle where drugs are found?

Yes. Under a legal theory called “constructive possession,” anyone who knows the drugs are there and has access to them (even theoretically) could face drug possession charges. In other words, if you know there are illicit drugs in a car you are riding in, you could face criminal punishments simply because you could possess the drugs – even if they were not physically on your person.

How can a drug possession charge affect my future?

A drug possession charge can have a long-lasting effect on your future. Besides incarceration, fines, community service and other punishments, a criminal charge may be scrutinized when applying for jobs, housing and educational loans. Furthermore, if you have children, your legal rights as a parent could be jeopardized. You may need to speak to an attorney to understand the severity of your criminal charges.

Defend Yourself Against These Charges

Get the best defense possible. Call 601-533-5551 or contact us online to schedule a free initial consultation.