Legal Question in Criminal Law in Tennessee

Re: simple possession

IN MISS. SHE COULD NOT BE LAWFULLY CONVICTED OF BOTH OFFENSES. IN MISS. IF CONVICTED OF THE POSSESSION OF MARIJUANA, THE PENALTY DEPENDS ON THE QUANTITY THAT SHE HAD. POSSESSION OF PARAPHENELIA IN MISS. CARRIES A POSSIBLE $500.00 FINE PLUS UP TO 6 MONTHS IN JAIL AND A SUSPENSION OF HER LICENSE FOR A PERIOD OF 6 MONTHS.

Re: simple possession

Simple possession of marijuana is a Class A misdemeanor, the same as possession of paraphernalia, meaning both carry a maximum sentence of 11 months and 29 days in jail. Under Tennessee law the court COULD order her to serve 100% of that sentence and require that they be served consecutively, meaning an effective sentence of 2 days short of two years, though that is not at all likely.

Generally the sentences would run concurrently, meaning an effective sentence of 11 months and 29 days. And generally a person in jail gets what is called two for one credit for their time in jail, meaning she would be released, with her sentence considered complete, after 6 months.

And even more importantly, generally, if a defendant has no prior record, they only get probation, though perhaps the sentences running consecutively on probation, with your daughter required to pass random drug screens and facing revocation if she failed one. And if she got into any further trouble while on probation, she would face having the probation revoked and serving the entire sentence.

Now, the MOST important issue is whether the prosecution can convict her.

The real question is not whether she in fact did as charged, but whether the prosecution can PROVE beyond a reasonable doubt that she did as charged, and prove it with legally competent, admissable evidence.

It is rather unusual for such cases to involve evidence which was legally obtained, and if the matter is argued properly, the evidence can often be kept out of court.

It is easy to understand being upset at a teenage child who gets in trouble and to want to let them suffer the consequences, but those consequences can be life-long, and if they end up convicted, or essentially forced to plead guilty, as a result of evidence which the police obtained illegally, the principle thing she will learn is contempt for a system which abuses her rights.

Additionally, one consequence of such a conviction is losing eligibility for financial assistance for college. And losing eligibility for life.

These cases can often be beaten. Call to discuss her options.