Strong Defense Against Drug Charges In Mississippi

Any type of drug charge is serious. Whether you’ve been charged with simple possession or felony trafficking, you need a strong defense. If you have been charged with a drug crime, you probably already know that there is a lot at stake. However, we also want you to know that you can fight back. An experienced and knowledgeable criminal defense lawyer is a powerful weapon.

At Sumrall & Welch, PLLC, in Jackson, we bring over seven decades of combined experience in criminal law and criminal defense to each case. Serving clients throughout the state of Mississippi, we take a detailed approach to our cases. We make sure that we explore every possible option available to help you get the charges dropped, a not-guilty verdict or at least minimize your penalties. We have built a strong reputation for successfully defending against possession and other drug charges in Mississippi.

Defending You Against Any Type Of Drug Charges

We defend clients against the full spectrum of drug charges in Mississippi. From minor offenses to serious felonies, our criminal defense attorneys understand the nuances of Mississippi drug laws. Bringing extensive experience to every case, we defend clients against:

• Simple possession: Even small amounts of controlled substances can lead to jail time, fines and a permanent criminal record affecting your future opportunities.
• Possession with intent to distribute: When quantity, packaging or circumstances suggest intent to sell, penalties increase substantially, requiring strategic defense.
• Drug distribution and sales: Selling controlled substances carries severe consequences with penalties varying by substance type, amount and location.
• Felony drug trafficking: These serious charges can result in decades of imprisonment and substantial fines under both state and federal law.
• Drug manufacturing: Producing controlled substances carries some of the harshest penalties in Mississippi’s criminal justice system.
• Prescription drug violations: From doctor shopping to prescription fraud, these charges require robust defense approaches.

As Mississippi defense attorneys, we have a thorough understanding of the various charges, the severity of different drug classifications, and the limitations against police and prosecutors. We will fight tooth and nail to defend your rights.

What Are Controlled Substances?

Most states, including Mississippi, use the federal definition of “controlled substances.” Under the federal Controlled Substances Act (CSA), controlled substances are classified into five schedules based on their abuse and addiction potential offset by any medicinal value. The most severe penalties are attached to Schedule 1 drugs and the least severe concern Schedule 5 drugs.

Examples of Schedule 1 drugs include heroin, marijuana and LSD. Cocaine is a Schedule 2 drug. Schedule 3 drugs include anabolic steroids and morphine. Xanax and Valium are classified as Schedule 4 drugs. Schedule 5 drugs include some cough suppressants containing small amounts of codeine.

Possession of any quantity of a Schedule 1 drug is charged as a felony. Possession of less than .1 gram of Schedule 1 or 2 drug, such as marijuana, cocaine or ecstasy, is classified as a misdemeanor in Mississippi. However, possession can easily become a felony charge depending on the amount of drugs found in your possession.

Understanding Federal Jurisdiction For Drug Crimes

A significant number of drug offenses fall under federal jurisdiction. You could be charged under federal drug laws if you are arrested for the use of an illegal drug on federal property, like a national park. In addition, you can fall under federal jurisdiction if your drug crime crosses state boundaries.

Penalties For Drug Offense Convictions

A conviction for a drug offense can result in serious consequences. The severity of the punishment depends on a number of factors, including:

• The type of drug used in the offense
• Whether you have a previous criminal record
• Whether the crime involved other criminal behavior, such as the use of a gun
• The sentencing policies of the state or federal court in which you are tried
• The personal views of law enforcement officials, judges and juries

Consequences for a conviction can include imprisonment, heavy fines, probation with compulsory drug testing or mandatory rehabilitation. In addition, you will have a criminal record, often as a felon.

Experience On Both Sides, Leveraged For Your Defense

In any criminal case, there is a tremendous advantage in knowing exactly how the other side thinks. As a former prosecutor, defense attorney Thomas P. Welch previously worked for the Mississippi Bureau of Narcotics. Not many criminal defense attorneys can say they have helped kick in doors on search warrants and been involved in wiretaps.

Drawing from this experience, our legal team is extremely well-versed in the legal requirements for law enforcement. When arresting officers and interrogators make errors, it can result in a complete dismissal of the charges. If there is any such error in your case, we will find it.

What Are Your Questions?

Facing a drug-related charge leaves you with a lot of unanswered questions. We care about giving you accurate, honest answers in such a confusing time. In the following section, you can read some of our answers to our clients’ commonly asked questions.

Can my drug charges be dismissed if the police performed an illegal search?

The Fourth Amendment protects you from unreasonable searches and seizures. If law enforcement officers violated your constitutional rights to obtain evidence, a lawyer can file a motion to suppress. If a judge determines the search was illegal, they may exclude that evidence from your case. Without the primary evidence, the prosecution often lacks the foundation to proceed, which may result in a dismissal of the charges.

Does having a gun during a drug arrest lead to an automatic prison sentence?

Possessing a firearm during a drug-related incident can increase the likelihood that you will serve prison time. While a prison sentence is not automatic, prosecutors frequently use armed-while-in-possession or felon-in-possession enhancements to seek mandatory minimum sentences. Mandatory minimum sentencing laws limit a judge’s ability to offer probation. Proving you did not have ready access to the firearm can help avoid these harsh penalties.

Can I fight a charge based on a confidential informant or snitch?

Yes, you can challenge testimony from a confidential informant. Attacking the reliability of an informant is a very common defense strategy. These individuals often receive deals or leniency in exchange for information, which creates a motive to lie. We can file a motion to reveal the informant’s identity if their testimony is essential to your defense. By investigating their criminal history and the specifics of their agreement with the police, our lawyers can often undermine their credibility.

Contact A Drug Crime Defense Attorney For A Free Consultation

If you have been arrested for a drug crime, do not say anything until you have spoken to your drug crime defense attorney. The sooner you speak with an attorney, the faster you have someone protecting your rights and looking out for your interests. At Sumrall & Welch, PLLC, we offer free initial consultations.

To schedule your free appointment with a Jackson drug defense lawyer, call 601-533-5551. You can also send us a message through our website.