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 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.”