This is the most common type of drug crime. Possession of marijuana is a misdemeanor while possession of every other type of drug is a 3rd degree felony (punishable by up to 5 years in prison). Normally, for the State to successfully convict you of possession, the drug has be either physically on your person (actual possession) or within your reach (constructive possession). Take for example the situation where you are pulled over and the drug is found ‘somewhere in the car’. It will depend on where in the car, who else was in the car, whose car it was, etc. as to whether or not you are prosecuted. Your attorney can file motions on your behalf to get this evidence suppressed (thrown out) if the facts warrant that.
Although these cases are usually felonies (not marijuana cases), there are a wide range of sentencing possibilities.
If this is your first charge ever (and the State has a good case), your attorney will frequently try to get you into a diversion program that will be wiped off your record upon successful completion. If it is not your first time receiving such a charge, your sentencing possibility ranges from probation to prison.
In most of the possession cases that we have handled, we have been able to keep the client from doing any time.
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