Bentonville Drug Possession Lawyer

Experienced Defense Against Drug Possession Charges in Arkansas

Drug possession is a serious crime in Arkansas. If you are convicted, you could face jail time, fines, and a permanent criminal record. At Bertucci Law Firm, we understand the stress and anxiety that comes with being charged with a crime. Our Bentonville drug possession attorney is here to help you navigate the legal process and fight for your rights. We are prepared to aggressively advocate for you.

Contact Bertucci Law Firm today at (479) 227-2716 or contact us online to schedule a consultation with our drug possession attorney in Bentonville.

What is Drug Possession?

Drug possession is a criminal offense in Arkansas that involves knowingly or intentionally possessing controlled substances without a valid prescription. Controlled substances encompass a wide range of drugs, including but not limited to marijuana, cocaine, heroin, methamphetamine, prescription drugs, and various other illegal substances. Possession can be either actual or constructive.

• Actual Possession: This occurs when a person has physical control or immediate access to the drugs, such as having them in their pocket, bag, or hand.
• Constructive Possession: In cases of constructive possession, a person may not have physical control of the drugs but has the knowledge and the ability to control them, such as having drugs hidden in a vehicle or a home.

What are the Penalties for Drug Possession in Arkansas?

The penalties for drug possession in Bentonville, Arkansas, can be harsh and life-altering. These consequences can vary based on the classification of the controlled substance and the specific circumstances of the case. Generally, drug possession penalties in Arkansas may include:

• Fines: Convictions for drug possession can result in substantial fines, which can vary depending on the type and quantity of drugs involved.
• Probation: In some cases, individuals may be placed on probation, typically involving regular check-ins with a probation officer, drug testing, and compliance with certain conditions, such as attending drug treatment programs.
• Jail or Prison: Depending on the seriousness of the offense, individuals may face incarceration. The length of the sentence can vary, but even a short stint in jail can have a significant impact on your life.
• Criminal Record: A drug possession conviction can lead to a permanent criminal record, making it difficult to find employment obtain housing, and even affecting your ability to secure loans or financial assistance.
• Suspension of Driver's License: In some cases, a drug possession conviction may result in the suspension of your driver's license.
• Forfeiture of Assets: Law enforcement may seek the forfeiture of assets or property connected to the drug offense.
• Mandatory Drug Education or Treatment: In certain cases, a court may require individuals to attend drug education or treatment programs as part of their sentence.

Can You Be Charged If The Drugs Aren’t Yours?

In drug possession cases, it is possible to face charges even if the drugs in question are not directly yours. This is due to "constructive possession" laws, which state that if you have control over a place or vehicle where drugs are found, you may be held responsible. For example, if drugs are discovered in your car or home, and you have access to them, the prosecution may argue that you had knowledge of and control over the drugs, even if they were not physically in your possession.

It is important to note that just being in the same area as illegal drugs is not enough to automatically assume possession. The prosecution must prove beyond a reasonable doubt that you had both knowledge of the drugs and the intent to possess them. If drugs are found in shared spaces or by others, there may be defenses to challenge these claims.

Defenses Against Drug Possession Charges

Some common defenses against drug possession charges may include:

• Illegal Search and Seizure: If law enforcement had violated your Fourth Amendment rights during the search and seizure of the drugs, the evidence may be suppressed, leading to a potential dismissal of the case.
• Lack of Knowledge: If you were unaware of the presence of drugs or if you had no control over them, you may have a valid defense.
• Prescription: If you have a valid prescription for the controlled substance, this can be a strong defense against drug possession charges.
• Chain of Custody Issues: We can examine the chain of custody of the seized drugs to ensure the evidence has not been tampered with or mishandled.
• Entrapment: If you can demonstrate that law enforcement had induced or coerced you into possessing the drugs, you may have a valid entrapment defense.
• Prosecutorial Misconduct: If the prosecution engaged in misconduct or failed to follow proper procedures, it can be grounds for dismissal or reduction of charges.
• Substance Misidentification: We can investigate the testing procedures used to confirm the substance's identity and purity, as errors can lead to false positives.

Contact Our Drug Possession Attorney in Bentonville Today

Our Bentonville drug possession lawyers at Bertucci Law Firm are here to provide you with skilled and aggressive representation. We understand the gravity of your situation and will work diligently to protect your rights and seek the best possible outcome for your case. We will thoroughly evaluate your case, discuss your options, and create a tailored defense strategy that is focused on achieving the most favorable results. Let us help you navigate the complex legal system and fight for your rights.

Contact Bertucci Law Firm by calling (479) 227-2716 today to get started with our Bentonville drug possession lawyer.