Advocating For People Facing Drug Charges
An arrest for drug possession or another offense may seem like the end of the world. It is not. While convictions for drug offenses carry serious consequences and you may face a rough road ahead, the lawyers of Farese, Farese, & Farese will work hard to help you achieve a positive outcome.
At Farese, Farese, & Farese, we represent people throughout west Tennessee and north Mississippi who have been accused of crimes involving illegal drug paraphernalia and other controlled substances, as well as a wide range of illegal drugs:
- Marijuana
- Cocaine
- Crack cocaine
- Methamphetamine
- Heroin
Drug Possession
Mississippi and Tennessee laws place serious consequences on convictions for drug possession. When you have been arrested for a drug crime, your freedom may be at stake. It is not a good idea to trust your defense to just any lawyer. At Farese, Farese, & Farese, our attorneys have been handling cases, including drug possession defense, for generations. We are well equipped to help you achieve results.
Drug Interdiction/Drug Trafficking
Police action to prevent trafficking in illegal drugs often begins with a simple highways traffic stop, often on highway 40 or highway 55. It continues with questioning, involvement of narcotics detection dogs and searches of your vehicle.
At Farese, Farese, & Farese, we believe that justice cannot be obtained when police have unfettered discretion in criminal matters. We make sure the police do not overstep their bounds in drug interdiction matters. Our team of criminal defense attorneys does this by preparing a strong and effective criminal defense after investigating the facts of your case and research the law that applies.
Understanding Drug Charge Types In Mississippi
Drug charges can range from simple possession to serious trafficking allegations. At Farese, Farese, & Farese, we understand that an arrest is not the same as a conviction and that the exact charge filed can have an impact on the outcome. Mississippi drug charges include:
- Simple possession: Having a controlled substance for personal use.
- Possession with intent to distribute: Having drugs, packaging, scales, cash or messages suggesting sales.
- Sale or delivery: Transferring drugs to another person, with or without payment.
- Trafficking: Possessing or transporting large quantities that trigger mandatory penalties.
- Manufacturing or cultivation: Producing drugs or growing marijuana plants.
- Paraphernalia possession: Having items used to consume, package or distribute drugs.
Before settling on the appropriate charges, prosecutors will consider the quantity of the drugs involved, what type of packaging materials were found (since that can indicate the intent to distribute), whether there were large amounts of cash found at the same time, a defendant’s prior arrests and other evidence.
The same facts may be charged in several ways, at the prosecutor’s discretion. Our work includes challenging the state’s assumptions and seeking reductions from intent-to-distribute charges to possession, where penalties and options may differ significantly.
Mississippi’s Drug Schedules: How Your Drug Affects Your Charges
Mississippi classifies controlled substances into five schedules based on their abuse potential and accepted medical use (or lack thereof). The drug schedule affects how prosecutors charge the case and what penalties may apply.
Schedule I drugs include heroin, LSD, ecstasy and marijuana. Mississippi treats these as high-abuse substances with no accepted medical use. Schedule II drugs include cocaine, methamphetamine, fentanyl, oxycodone and hydrocodone. These have some medical use but still carry serious penalties. Lower schedules include:
- Schedule III: Anabolic steroids, ketamine and some codeine products
- Schedule IV: Xanax, Valium and Ambien
- Schedule V: Certain cough medicines with small amounts of codeine
The same quantity of a Schedule I or II drug may carry much harsher consequences than a lower-schedule drug. Marijuana remains a Schedule I substance under Mississippi and federal law, even though other states treat it differently. That means marijuana possession can still create serious criminal consequences in Mississippi.
Penalties For Drug Convictions: Jail Time, Fines And Long-Term Consequences
Mississippi drug penalties depend on the drug, amount, charge type and criminal history. A first simple possession offense involving many Schedule I or II drugs may carry up to one year in jail and up to $1,000 in fines. A second offense can increase exposure to two to eight years in prison.
Possession with intent to distribute is more serious. Schedule I or II intent charges may carry three to 20 years, and repeat offenses can lead to far harsher penalties. Trafficking cases based on weight thresholds, such as 30 grams of cocaine, 10 grams of methamphetamine or one kilogram of marijuana, can trigger mandatory prison terms without probation or suspended sentences.
The consequences do not stop at jail. A conviction can affect:
- Employment and background checks
- Driver’s license status
- Public housing eligibility
- Professional licenses
- Immigration status
- Federal student aid
These consequences can follow a person for years. That is why fighting the charge matters, not only to avoid jail but also to protect work, school, family and future opportunities.
Prescription Drug Charges: A Different Kind Of Drug Crime
Prescription drug cases involve people who never expected to face criminal charges. Mississippi can prosecute possession of Xanax, Adderall, hydrocodone, oxycodone and similar medications without a valid prescription the same way it prosecutes illegal drug possession. Common prescription drug cases involve:
- Carrying someone else’s medication
- Keeping pills outside the original pharmacy bottle
- Having more pills than prescribed
- Filling prescriptions at multiple pharmacies
- Selling or giving medication to another person
Many people believe a past prescription, a doctor’s note or a family relationship explains possession. Mississippi law requires a current, valid prescription.
Prosecutors may use pharmacy records, prescription monitoring databases, medical records and doctor testimony to prove the case.
A strong defense may involve showing that the medication was lawfully prescribed, that records were incomplete or that the state cannot prove knowing illegal possession. Because many prescription drug cases involve addiction, pain treatment or mistakes by people with no criminal history, diversion or treatment-focused outcomes may be possible.
Federal Drug Charges: When Your Case Goes Federal
Some Mississippi drug cases are prosecuted in federal court rather than state court. This usually happens when the case involves large quantities, interstate distribution, mailing or shipping drugs, drug conspiracies, manufacturing operations or investigations by agencies such as the DEA, FBI or ATF.
Federal drug cases are different from state cases because penalties are much harsher. Defendants may face five or 10-year mandatory minimum sentences, federal sentencing guidelines, no parole and broad conspiracy rules. In conspiracy cases, prosecutors may seek to hold each person responsible for the entire quantity of drugs involved, even if that person handled less.
Federal investigations often last months or years before an arrest. They may include:
- Wiretaps
- Surveillance
- Search warrants
- Confidential informants
- Cooperating co-defendants
- Asset forfeiture actions
By the time charges are filed, federal prosecutors may already have extensive evidence. These cases require command of federal court procedure, evidence rules, sentencing guidelines and negotiations with Assistant U.S. Attorneys.
Our federal court experience in Mississippi’s Northern and Southern Districts helps us prepare for these high-stakes cases.
Frequently Asked Questions About Mississippi Drug Charges
Drug charges raise immediate concerns about freedom, work, school and the future. These answers explain common issues defendants and families often face.
What is the difference between possession and possession with intent to distribute?
Possession usually means the state believes the drugs were for personal use. Possession with intent to distribute means prosecutors claim the drugs were meant for sale or transfer.
They may rely on quantity, packaging, cash, scales or text messages. The difference matters because intent charges carry much harsher penalties.
If the drugs were not on me personally but were in a car with other people, can I still be convicted?
Yes, but the state must prove more than your presence in the car. Prosecutors may argue constructive possession if they believe you knew about and had control over the drugs.
Evidence may include where the drugs were found, who owned the vehicle and what people said during the stop. These cases create strong defense opportunities.
Am I eligible for drug court in Mississippi?
You may be eligible depending on the charge, your history and the facts of the case. Drug court usually focuses on treatment, testing, supervision and accountability instead of immediate incarceration.
Violent offenses, trafficking allegations or serious prior records may affect eligibility. Completing drug court can sometimes lead to better long-term outcomes.
Will I definitely go to jail if convicted of drug possession in Mississippi?
Not always. First-time possession cases may allow probation, diversion or treatment-based resolutions.
The outcome depends on the substance, amount, prior record and whether other allegations exist. Repeat offenses, trafficking or intent-to-distribute charges create much greater jail or prison risk.
Will I be charged with a federal drug crime or will my case stay in state court?
Most smaller possession cases stay in the Mississippi state court. Federal charges become more likely with large quantities, interstate activity, conspiracies, mail shipments or federal agency involvement.
Sometimes, a local arrest later becomes part of a federal investigation. Early legal review helps identify whether federal exposure is a real risk.
How does a drug conviction affect my federal student loans and financial aid?
A drug conviction can create problems with financial aid, school discipline and future educational opportunities. Students may face issues with grants, loans or program eligibility depending on the conviction and timing.
Even a marijuana conviction can have consequences beyond court. This is one reason students should treat drug charges seriously.
Do I really need a lawyer for a simple marijuana possession charge?
Yes. Marijuana possession can still create a criminal record in Mississippi. A conviction may affect jobs, school, immigration status, licenses and future background checks.
A lawyer may identify search issues, traffic stop problems, diversion options or ways to reduce the long-term impact.
Start Early When You Are Facing Drug Charges
Getting experienced criminal defense counsel involved at the earliest possible stage can be crucial to the outcome of your case. Farese, Farese, & Farese can respond quickly. To contact Farese, Farese, & Farese today, call us <!— 662-736-1292 or—> toll free at 888-341-0243. You may also complete our online contact form.
As with most attorneys who handle criminal litigation, the fee is normally based on a flat fee. Your first consultation is normally free. If we can assist in any particular matter, then a fee is established by agreement.