It is not uncommon for someone to face drug charges after a traffic stop or another encounter with law enforcement. However, many people may not realize that the location of the alleged offense can also affect the charges they face. In Tennessee, an alleged offense that happens near a school or another protected area can result in enhanced charges and more severe criminal penalties.
For many people, those possibilities can come as a surprise, as they might not have known that location can play an important role in the charges they can face.
Location can matter more than one expects
Tennessee’s drug-free zone law can make the crime allegations more serious if they happened within 1000 feet of a school or any other protected area. In this situation, the location of the offense can become an important part of the case.
This can be a difficult situation, especially in cities and neighborhoods where schools, parks and other protected areas are located near homes, businesses and public roads. Someone travelling in this area may not know they are in a protected zone.
Does a lack of knowledge matter?
The first question people generally ask is whether it matters if they did not know about schools nearby. Unfortunately, prosecutors generally do not have to prove that a person was aware of a school’s location to pursue school zone allegations.
This has been debated multiple times; people argue that school zone laws sometimes apply beyond school grounds and can affect people who were unintentionally near a school. However, others may argue that this law helps keep a safe environment for the children.
Every detail of the case matters
When a prosecutor asks for harsh penalties because of a school’s location, every detail can be important. The exact location of the alleged offense, how they measured the distance, and whether the evidence supports the allegation can become an important issues in the case.
Because school allegations can result in increased penalties and more severe punishment, carefully reviewing the facts of the case can be an important part of building a defense. An experienced criminal defense attorney can review the facts, challenges and evidence carefully and develop a defense strategy based on the circumstances of the evidence.