Possession

The Cochran Firm, with 26 locations nationwide

A person exercised dominance and control over a controlled substance, the person knew of its presence, and the person knew of its nature as a controlled substance; and the substance was in an amount sufficient to be used as a controlled substance.

Types of Drug Offenses: Cultivation, Distribution, Importation, Manufacturing, Paraphernalia, Possession, Possession for Sales, Prescription Fraud, Trafficking, Transportation. Consequences for the conviction of Drug Offenses may potentially include:

  • Imprisonment
  • Probation or parole
  • Registration as a narcotics offender
  • Drug testing
  • Court ordered counseling or rehabilitation
  • Loss of driver's license
  • Seizure of motor vehicle
  • Search and seizure conditions
  • Significant fines
  • Other

Likelihood of any of the above consequences depends upon the following factors:

  • Prior similar convictions
  • Any other prior convictions
  • Currently on probation or parole
  • Attitude of community and court toward this type of crime
  • Degree of media attention on case
  • Mitigating/aggravating circumstances
  • Other

Defenses of Drug Offenses may potentially include:

  • Insufficient evidence
  • Factual innocence
  • Valid prescription
  • Illegal search and seizure
  • Other

What can you do to improve the outcome of your case? Gather documentation of your good character (reference letters, employment history, community service, etc.) Exercise your right to remain silent Retain qualified counsel as soon as possible Keep a diary of all significant events and potential witnesses (this information will help your attorney prepare the best possible defense) DO NOT investigate your own case What can we do to help? Early preparation, including legal research and defense identification Early investigation and identification of all facts helpful to your defense Interview police to minimize or eliminate the case Interview the prosecutor to minimize or eliminate the case Interview all witnesses Reduce or eliminate bail requirements Provide emotional support to loved ones and ensure that they are continually updated as to the state of your case In appropriate cases, negotiate jail alternatives Obtain an evaluation report from a court approved psychologist (to show counseling may be a better alternative to jail) Coordinate a private lie detector test Develop appropriate motions to dismiss the case Develop appropriate motions to suppress evidence

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