Nashville Drug Crimes Lawyer | Protecting Your Rights and Future
Drug charges in Tennessee can carry some of the harshest penalties in the criminal justice system. From a simple possession charge to large-scale distribution cases, a conviction can mean jail or prison time, heavy fines, and a permanent criminal record. Even a first-time offense can follow you for life, limiting your job opportunities, housing options, and reputation.If you are facing drug charges in Nashville, Davidson County, or anywhere in Middle Tennessee, you need a defense attorney who understands the law and knows how to fight back. Attorney Erik Herbert is an experienced Nashville drug crimes lawyer who has represented clients in thousands of criminal cases. He is dedicated to protecting your freedom, your rights, and your future.
Tennessee Drug Laws: What You Need to Know
Controlled Substances
Tennessee law classifies drugs into categories known as “schedules.” These include:
- Schedule I: Heroin, LSD, ecstasy – considered the most dangerous, with no accepted medical use.
- Schedule II: Cocaine, methamphetamine, oxycodone, fentanyl.
- Schedule III: Ketamine, anabolic steroids, some prescription medications.
- Schedule IV–V: Common prescription drugs like Xanax, Valium, and certain cough syrups.
Common Drug Charges in Nashville
- Simple Possession: Having a small amount for personal use.
- Possession with Intent to Sell/Deliver: Larger quantities, packaging materials, or scales may lead to intent charges.
- Manufacturing: Growing marijuana, producing meth, or other drug production.
- Trafficking/Distribution: Transporting or selling controlled substances.
Prescription Fraud: Obtaining controlled medications through deception or “doctor shopping.”
Penalties for Drug Crimes in Tennessee
Simple Possession or Casual Exchange
- Misdemeanor charge (first or second offense)
- Up to 11 months and 29 days in jail
- Fines up to $2,500
Possession with Intent / Manufacturing / Distribution
- Felony charges with penalties based on drug type, amount, and prior record.
- Ranges from 1 to 60 years in prison
- Fines from $2,000 to $500,000
Marijuana in Tennessee
Despite changing laws nationwide, marijuana remains illegal for recreational use in Tennessee.
- Possession of even a small amount is a misdemeanor punishable by up to 1 year in jail.
- Larger quantities can lead to felony trafficking charges.
Enhancements
Penalties increase if the alleged crime occurred:
- Near a school, park, or daycare
- With a firearm present
Involving minors
Collateral Consequences of a Drug Conviction
A drug conviction doesn’t just mean jail time or fines—it can affect your life in countless ways:
- Employment: Many employers won’t hire applicants with a drug record.
- Housing: Landlords often deny rental applications.
- Education: Federal student loans and scholarships may be denied.
- Driver’s License: Convictions may trigger license suspensions.
Immigration: Non-citizens face deportation or denial of citizenship.
Defense Strategies for Drug Charges
Every drug case is unique, and Erik Herbert builds defense strategies tailored to each client’s circumstances.
Common Defenses Include:
- Illegal Search and Seizure: If police violated your Fourth Amendment rights, evidence may be excluded.
- Lack of Possession: Proving a drug “belonged” to someone else can be a powerful defense.
- Entrapment: If law enforcement coerced you into committing a crime you would not have otherwise committed.
- Faulty Lab Testing: Drugs must be tested and confirmed; errors in handling or testing can be challenged.
Insufficient Evidence: Prosecutors must prove intent and knowledge beyond a reasonable doubt.
Nashville Drug Court and Alternatives
For certain first-time offenders, Davidson County Drug Court offers alternatives to traditional prosecution.
- Programs may include treatment, counseling, drug testing, and probation.
- Successful completion can result in reduced charges or dismissal.
Erik works with clients to determine if diversion programs are available and in their best interest.
The Criminal Court Process in Drug Cases
Step 1: Arrest and Booking
After a drug arrest, you will typically be processed at the Davidson County Sheriff’s Office.
Step 2: Arraignment
Formal charges are presented at Davidson County General Sessions Court.
Step 3: Discovery and Motions
Your attorney can request evidence, lab results, police reports, and surveillance footage. Motions may challenge searches, warrants, or statements.
Step 4: Negotiations or Trial
Some drug cases resolve through plea agreements or diversion; others go to trial. Erik prepares every case as if it will be tried, ensuring the strongest possible defense.
Why Hire Erik Herbert as Your Nashville Drug Crimes Lawyer?
- Proven Experience: Thousands of criminal cases handled.
- Local Knowledge: Familiar with Nashville courts, prosecutors, and judges.
- Aggressive Defense: Challenges searches, warrants, and weak evidence.
- Client-Focused: Keeps clients informed, prepared, and supported.
Drug charges can feel overwhelming, but with the right attorney, you don’t have to face them alone.
FAQs About Drug Crimes in Tennessee
Q: Can police search my car without a warrant?
A: They may only search under certain conditions, such as probable cause, consent, or during an inventory after impound. If your rights were violated, evidence may be thrown out.
Q: Is marijuana legal in Nashville?
A: No. Despite national trends, marijuana remains illegal in Tennessee. Even small amounts can lead to criminal charges.
Q: What if the drugs weren’t mine?
A: The prosecution must prove possession and knowledge. If drugs were found in a shared space (like a car or apartment), ownership can be challenged.
Q: Can a drug conviction be expunged in Tennessee?
A: Some first-time misdemeanors or cases resolved through diversion may be eligible. Felony convictions are much harder to clear.
Q: Do first-time drug offenders go to jail?
A: It depends on the charge. Many first-time simple possession cases may be eligible for diversion or probation instead of jail time.
If you’re facing drug charges in Nashville or anywhere in Middle Tennessee, your future is at risk. The prosecution is already building its case against you—you need an experienced lawyer who will fight back.
Contact Nashville drug crimes lawyer Erik Herbert today for a free and confidential consultation.