Drug Defense

Drug charges can range from minor to very serious. In all cases, you’ll need an advocate to defend you.

The Law Office of Bryan Stephenson works with clients on all types of drug and drug-related charges. Call today for a free consultation to find out how his wide-ranging expertise in this area can help you.

Bryan goes through the evidence and procedures in each case to choose the best way to defend his clients.

Here are some of the things he looks for:

• How did the police obtain the alleged drugs? Did they unlawfully perform a traffic stop, or secure an invalid search warrant for someone’s house? Did the police use an unreliable confidential informant, or perform a search or seizure before obtaining a search warrant?
• Were the drugs for personal use or for sale/delivery? Simple possession is generally charged as a Class A misdemeanor in Tennessee, while manufacturing, delivering, selling, or possessing a controlled substance with intent to sell or deliver may result in felony charges. The classification depends on factors such as the substance, quantity, alleged conduct, and prior record. Prosecutors may cite packaging, scales, cash, messages, or other circumstances as evidence of intent. However, the amount found does not automatically prove an intent to sell or deliver. Bryan examines whether the evidence supports the charge or a lesser offense.
• Did the client actually “possess” the drugs under the law? The classic example is drugs found in the center console of a car, and the police charging all four people in the vehicle with possessing the same item. It’s possible that only one person is even aware of its presence. Being in the vicinity of an illegal substance does not automatically mean that a person is guilty of possessing it. Bryan has handled cases for numerous clients charged with possessing something that they had no idea was there. Bryan roots out the details to challenge the DA’s assertion that his client was in possession.
• Where did the alleged offense occur? Tennessee law provides for possible enhanced penalties when certain drug offenses occur on the grounds or facilities of a school, child care agency, public library, recreational center, or park, or within 500 feet of those locations. An enhanced sentence is not automatic in every case. The court must consider the statutory requirements and make the required findings. Bryan reviews measurements, maps, property boundaries, and the circumstances of the alleged conduct to determine whether the prosecution can establish that the drug-free-zone law applies.

Charges the Firm Handles

Tennessee law covers several controlled-substance offenses, including simple possession, casual exchange, possession with intent to sell or deliver, sale, delivery, manufacturing, and possession of drug paraphernalia. An allegation may involve prescription medication, marijuana, cocaine, methamphetamine, fentanyl, heroin, or another substance.

The exact offense matters because each charge has elements the prosecution must prove. Bryan begins by reviewing the substance involved, the alleged quantity, the conduct described in the arrest report, and the client’s prior record. His work as a drug defense attorney also includes identifying differences between what officers initially suspected and what the available evidence can establish.

Reviewing the Police Encounter

Bryan reviews whether officers had lawful grounds for a stop, detention, or search. Body-camera footage, warrant records, and other evidence may reveal constitutional violations. When appropriate, he may ask the court to suppress unlawfully obtained evidence, which can significantly affect the prosecution’s case.

Determining Whether Possession Can Be Proven

An alleged substance does not have to be found in someone’s pocket or hand for prosecutors to claim possession. They may rely on constructive possession, which generally concerns whether a person had the power and intention to exercise control over the item. This issue often arises when police find something in a shared vehicle, home, hotel room, or other location used by several people.

Presence near an illegal substance is not enough by itself. Ownership of the property, access to the area, statements made at the scene, and forensic evidence may all be relevant. Bryan looks for facts that distinguish his client from other occupants, passengers, roommates, or visitors who could have reached the same location.

Examining Claims of Intent to Sell or Deliver

Prosecutors sometimes rely on circumstantial evidence to argue that a substance was intended for sale or delivery. The arrest report may refer to quantity, packaging, scales, cash, messages, or other property found during the investigation. These details must be considered in context rather than accepted at face value.

Bryan serves clients as a drug defense lawyer by testing whether those circumstances actually support the alleged intent. Laboratory reports may be important because the state must establish the identity and weight of the substance. He may also examine chain-of-custody records to determine how the evidence was collected, stored, transferred, and tested.

Understanding the Possible Consequences

Penalties vary according to the offense, substance schedule, quantity, prior convictions, and other facts. Depending on the charge, a conviction may result in incarceration, probation, fines, court costs, treatment requirements, or additional conditions. A felony conviction may also affect employment, housing, educational opportunities, and firearm rights.

The original accusation does not always determine the final outcome. When supported by the circumstances, Bryan may seek dismissal, suppression of evidence, reduction of the offense, diversion, a negotiated agreement, or a trial. The available course depends on the law, the strength of the state’s evidence, and the client’s individual situation.

Preparing for the Court Process

People facing drug charges should avoid discussing the incident with police, witnesses, or on social media before receiving legal advice. They should preserve relevant messages, photographs, and records while following all court dates and release conditions.

The Law Office of Bryan Stephenson represents clients in Nashville and throughout Middle Tennessee, including Davidson County and Williamson County. Bryan prepares clients for hearings, explains their options, and provides updates as each case proceeds.

Frequently Asked Questions

Can police search my vehicle after a traffic stop?

Not automatically. The legal basis may depend on consent, probable cause, a warrant, an arrest, or another exception to the warrant requirement. Bryan reviews why the vehicle was stopped and what officers did before and during the search.

Does being near drugs establish possession?

No. Proximity alone does not necessarily prove possession. The prosecution must present evidence connecting the accused person to the substance under Tennessee law, particularly when several people had access to the area where it was found.

Can drug evidence be excluded from court?

Evidence may be suppressed when it was obtained in violation of constitutional protections. Whether suppression is available depends on the reason for the stop, detention, search, or seizure and the evidence presented at a hearing.

Will a drug case go to trial?

Some cases go to trial, while others end through dismissal, a reduced charge, diversion, or a negotiated plea. The available course depends on the evidence, the person’s record, the prosecutor’s position, and the client’s objectives.

Discuss Your Drug Case With Bryan Stephenson

An arrest does not establish guilt, and the accusation should be tested against the facts and the law. Bryan draws on his prior work as an Assistant District Attorney in Davidson County to identify disputed evidence, procedural errors, and weaknesses in the prosecution’s theory. If you are facing a controlled-substance accusation in Tennessee, contact us today for a free consultation.