Being charged with drug possession in Biloxi can turn your life upside down. The harsh consequences include steep fines, jail time, and a permanent criminal record. But with the right drug possession lawyer, you have a fighting chance to protect your future. At Smith & Holder, PLLC, we’ve helped countless individuals facing drug possession charges and will do the same for you.
What Does a Drug Possession Charge Mean in Mississippi?
Drug possession refers to the unlawful possession of a controlled substance without a valid prescription.
Mississippi, like most states, categorizes drugs into different “schedules” based on their potential for abuse, danger, and medical use. These schedules, outlined in the Mississippi Uniform Controlled Substances Law, impact the severity of your charges. For example, possession of a Schedule I drug like heroin or LSD can lead to harsher penalties than possessing a Schedule V drug.
Drug possession charges generally fall into one of the following two categories.
Simple Possession
Simple possession typically applies to smaller amounts of drugs meant for personal use, not distribution or sale. For example, if you’re caught with a small quantity of marijuana or a controlled prescription drug that’s not prescribed to you, law enforcement will likely assume such a small amount is for personal use only.
Possession with Intent to Distribute
Contrary to some people’s belief, this charge doesn’t require you to be caught in the act of selling drugs. An intent to distribute applies when law enforcement catches you with more significant quantities of drugs than can be personally consumed. The amount of the drug in your possession, how it’s packaged, and the presence of any items associated with selling drugs—like scales or baggies—can be enough to charge you with the intent to distribute.
Charges may vary based on the type and quantity of drugs involved.
What Are the Penalties for Drug Possession in Biloxi?
Penalties for drug possession in Biloxi can vary based on factors such as:
The type and quantity of the drug,
Prior convictions, and
The location of the arrest.
For example, possession of marijuana under 30 grams for personal use is considered a misdemeanor, but possession of larger quantities or certain controlled substances like cocaine or methamphetamine can lead to felony charges.
Penalties also vary based on the amount of the substance, whether it’s your first offense, and if the drug was found near schools or other protected areas. In addition to incarceration, you could face:
Fines—fines of up to $1,000,000;
Probation—probation involving multiple conditions and restrictions;
Loss of license—the suspension or revocation of your driver’s license;
Criminal record—problems in securing employment or housing.
A skilled defense attorney will break down the possible penalties you could be facing, given the circumstances of your case.
How Can a Drug Possession Defense Lawyer Help You?
The first thing a drug possession defense lawyer will do is assess the evidence against you. They will also examine whether the police violated your rights during the arrest. Was the search conducted legally? In some cases, evidence may be inadmissible if the police did not follow proper protocol. If the court finds that law enforcement violated your rights, evidence could be excluded. If enough evidence is excluded, this can greatly weaken the prosecution’s case, resulting in a much better plea bargain, an acquittal, or a dismissal of the charges. Your lawyer will thoroughly examine these factors to build the most vigorous defense possible.
In many drug possession cases, first-time offenders may have alternatives to traditional sentencing, like diversion programs or rehabilitation in place of jail time. A knowledgeable drug possession attorney can help you explore these options, allowing you to avoid the harshest penalties.
How Can You Defend Against Drug Possession Charges in Mississippi?
Each drug possession case is unique, and a skilled lawyer knows how to use a variety of defenses. Here are a few common strategies that a drug possession lawyer might use:
Unlawful search and seizure. If law enforcement violated your Fourth Amendment rights by conducting an illegal search, the evidence found may be thrown out.
Lack of possession. Just because drugs were found near you doesn’t necessarily mean they were in your possession. Your attorney can challenge whether the prosecution can prove that you had knowledge of or control over the substance.
Entrapment. Suppose law enforcement coerced you into committing a crime you would not have otherwise committed. If that happens, entrapment could be a valid defense.
Mistake of fact. Sometimes, individuals are unaware that they are in possession of illegal substances. This defense can be viable if your attorney can prove you did not know about the drugs being in your possession.
A skilled drug possession lawyer will carefully evaluate the circumstances of your arrest to determine the best defense strategy for your situation.
Why Hire Smith & Holder, PLLC, As Your Biloxi Drug Possession Attorney?
At Smith & Holder, PLLC, we deeply understand Mississippi’s drug laws and have decades of experience handling cases like yours. Our award-winning team of drug possession defense attorneys is committed to providing personalized legal representation and has a track record of success in reducing or dismissing charges for our clients.
We understand that no two cases are the same, so we approach each defense strategy creatively and precisely. Our attorneys relentlessly pursue justice on your behalf, ensuring that every possible avenue of defense is explored.
Contact us today to discuss your case and explore your options.
Resources:
Mississippi Drug & Alcohol Legislation, Defining Wellness Centers, link
Department of Public Safety, Bureau of Narcotics, link
