Protecting your rights when facing federal charges for the simple possession of illegal substances.
While most “simple possession” cases are handled in state court, federal possession charges under 21 U.S.C. § 844 are a serious matter. They often occur on federal land, at airports, or during federal investigations. A federal conviction—even for a misdemeanor—can disqualify you from federal student loans, housing, and professional licenses. Simons Law Office treats every case with the gravity it deserves to protect your clean record.
The Legal Framework: 21 U.S.C. § 844
The government must prove you knowingly possessed a controlled substance without a valid prescription.
Elements of the offense:
- First Offense: Up to 1 year in prison; $1,000 minimum fine.
- Subsequent Offenses: Mandatory minimums of 15 to 90 days, with maximums up to 3 years.
Strategic Defenses for Simple Possession
- Unlawful Search: If the police searched your pockets or bag without reasonable suspicion or consent, the evidence cannot be used against you.
- Lack of Knowledge: We defend clients by showing they were unaware that a substance was in their vehicle or shared living space.
- Diversion Programs: For first-time offenders, we aggressively pursue “Probation with Dismissal” under 18 U.S.C. § 3607, which can result in the charge being wiped from your record.
The Stakes: PWID is subject to the same 5-to-10-year mandatory minimums as trafficking, depending on the weight and type of the drug.
