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Defenses to Drug Possession Charges in Memphis, TN

There are a number of instances in Memphis, TN where an individual is given a misdemeanor citation or arrested for illegal drug possession and they are not convicted.  These arrests do not ultimately result in a conviction because there are many legal defenses to drug offenses in Memphis, TN.  Among the most common defenses are the following:

  • Unknowing possession or possession by another in proximity – One can be charged with possession in Memphis, TN even if the drugs are not found in his/her immediate or personal possession. For instance, drugs found in the glove compartment of a vehicle in which the defendant was a passenger can result in criminal charges against all persons in the car. Such unknowing possession is a reasonable defense to a drug possession charge.  

  • Prescription medication – One can be charged with possession of a prescription charge simply because they cannot provide proof of a prescription at the time of the actual arrest. However, providing a doctor-issued prescription at a later date is also a viable defense to a possession charge.

  • Illegal search – There are plenty of instances that the narcotics found are the result of an illegal search of a home, person, or vehicle.  For instance, an officer claiming he saw drugs in plain sight, thus necessitating a search of the vehicle, has been disproved in court via cellphone video or dashboard video footage.

The above are only a few of the defenses an experienced criminal defense attorney will use to fight a drug-related conviction.  The Chiozza Law Firm has handled all types of felony and misdemeanor charges in Memphis, TN. Criminal charges such as Driving Under the Influence (DUI), Theft of Property, Driving While License Suspended, Passing Bad Checks, drug-related offenses (including possession charges), Assault, and many other crimes are best handled by a criminal defense attorney with experience in Shelby County courtrooms. At the end of the case, if we are successful in obtaining a dismissal, we also handle the expungement process which will help to clear all charges from your public record.  

Hiring a Memphis criminal defense attorney does not have to be a daunting task. Simply call 1(901)526-9494 to speak with a member of our criminal defense team. You may also email criminal defense attorney Brian Chiozza, at brian@chiozzalaw.com, or fill out an online form here


The Chiozza Law firm has years of courtroom experience in handling all types of misdemeanor and felony charges, including driving offenses, drug charges, theft of property, passing bad checks, and many other felony matters.   

For more, visit The Chiozza Law Firm, on Facebook and Twitter, or

www.901Law.com, the Memphis Law Firm for all your legal needs!


This Blog/Website is made available by the Lawyer or Law Firm Publisher for educational purposes only, as well as to give you information and a general understanding of the law. It is not to provide you with specific legal advice. By reading this blog, you understand there is no attorney/client relationship between you and the Blog/Website publisher. The Blog/Website should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

Posted by Brian Chiozza at 8:34 AM
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