All rights reserved. Illegal drugs are often found in persons homes or cars during a police search. Georgia drug possession laws charge possession, apart from marijuana possession, as a felony. There are defenses against a drug trafficking charge, and in cases like this, we have used many defenses effectively to represent people. verdicts against him. For this reason most judges and prosecutors believe these crimes are best resolved with chemical dependency evaluations and treatment. Contact our attorneys for a free legal case evaluation on any criminal charge by calling: Copyright 2023 Get Lawyer Leads, Inc. imprisonment for a period of five years. Its worth noting that it it is a misdemeanor that can still bring a fine up to $1,000 and a year in jail. Under Georgia law, you will face up to $1,000 in fines and up to 1 year in prison. If you are able to demonstrate that law enforcement abused their power during the drug search, then you may argue to drop charges. WebHow To Beat A Drug Possession Charge (2021) Fulgham Law Firm 1.3K views 1 year ago The Ultimate Guide To A Drug Defense: A Former Prosecutor Breaks Down The Law! Designed by MatchThemes, Determining Child Custody in Georgia Divorces, Controlled Substance Laws in Georgia 2023. This is not a law firm or referral service and does not provide legal advice. Possession charges within a school zone carry much harsher sentences. If you or a loved one has been charged with possession with intent to You need to hire a criminal defense attorney as soon as possible and be totally honest with them. If you have any previous drug possession convictions, that will increase the length of your drivers license suspension. unloaded. A controlled substance analogue is a substance which is intended for human consumption and is structurally or pharmacologically substantially similar to or is represented as being similar to a Schedule I or Schedule II substance and is not an approved medication in the United States. If they cant show you have real or constructive possession of the drugs and base the trafficking charge off an allegation of possession, they cant convict you. Subsequent convictions warrant 5-30 years incarceration. Any time that you have illegal drugs in your possession there is a chance that you may be arrested, and drug possession charges can be devastating. Upson County, GA (February 28, 2023) On Thursday, February 23, 2023, the Georgia Bureau of Investigation Child Exploitation and Computer Crimes (CEACC) Unit executed two search warrants regarding separate child exploitation investigations. These may include: Possession of schedule one and schedule two drugs often face felony charges. Another way its possible to keep wiretaps out of court during a trial was when the government had probable cause, they got the wiretap, they did what they were supposed to do, but they didnt seal them properly once they had the recordings. Per the website operated by the Drug enforcement Agency (DEA), Drug Schedules. All Rights Reserved | Nav map, Felony Possession of Marijuana in Georgia, Suspension of Drivers License For Those Under the Age of 21 or 18, Financial Transaction Card Theft in Georgia. WebBy successfully completing the terms and requirements of the diversion program, the marijuana possession charges may be dismissed. Certain controlled substance cases may bring additional federal drug charges. If a legal officer has enough reason to conduct a search and finds illegal substances in the vehicle, then one may be charged with drug possession. with the assistance of the Columbia County Sheriffs Office and the Georgia Bureau of Investigation, executed a search warrant at about 10 a.m. at a home on the Possession charges in Georgia can range from a misdemeanor to a felony depending on the details of the arrest. If the prosecutor has an air-tight case with indisputable evidence, your attorney will work to get you the lightest possible sentence. with being in possession of does not belong to you. Possession of drugs is a serious offense in Maryland. that you were not aware of the illegal weapon being in your possession. The possession of drugs is often criminalized under both state and federal laws and is categorized as either simple possession or possession with the intent to distribute. Before delving into possible defenses, one of the first courses of action a person should take is to study which kind of jurisdiction their charges will be filed through. **If you are concerned about the charges you are facing, you need an experienced firm working on your side. pharmaceutical container you are in trouble. First, if the defendant provides substantial assistance in identifying, arresting or convicting any other individuals involved in the drug operation, the District Attorney may file a motion requesting the sentencing court to reduce or suspend a sentence. The cases are being investigated in Joseph Carter, age 19, of The Rock, GA, was arrested and charged with six counts of sexual For this reason, they take drug offenses very seriously. For a second or third conviction, imprisonment of 18 months is the maximum penalty and for a fourth or subsequent conviction, imprisonment cannot exceed 2 years. Aside from that, it comes down to the will of the prosecutor vs. the skill of your criminal defense lawyer. A controlled substance is any pharmaceutical or narcotic that is regulated by law. Such reduced penalties could be reduced fines, shorter jail sentences, or going to rehab instead of jail. Under Georgia law, O.C.G.A. Copyright 2022 - BestGeorgiaLawyers.com. historic sites, or recreational areas, including all publicly owned buildings You need Michael Bixon representing your rights. Berry Law recently won a possession with intent to distribute methamphetamine case in which a young man did not know he was traveling with a drug dealer. WebSchedule one drugs are considered easy to abuse, do not have medical uses, and carry the greatest danger. The term edibles, relative to legality, This specifically includes, but is not limited to, anything you can eat that contains THC (food, gummies, etc.). (2)Dangerous drug shall have the same meaning as defined in Article 3 of this chapter, relating to dangerous drugs. For instance, say they were using a stingray phone tracker to intercept your cellphones information (11AliveandACLUreported Metro Atlanta Police and other local police have a lot of cell site simulators). How Do I Fight a Possession with Intent to Distribute Charge? It's free to sign up and bid on jobs. Possession of one ounce or less of marijuana is a misdemeanor punishable by up to one year imprisonment and/or a fine up to $1,000, or public works for up to 12 months. An attorney-client relationship is not formed when you submit the form and you are under no obligation to retain a lawyer who contacts you through this service. Under Georgia law, O.C.G.A. What are the relevant State and/or Federal sentencing guidelines for charges filed against you? Possession of Schedule III, IV, or V Drugs: warrant 1-5 years incarceration. measured from the dates of previous arrests for which convictions were obtained For example, if law enforcement searches a house without consent or without a search warrant, that evidence should not be admissible at trial unless it falls under one of the exceptions to the search warrant requirement. Possible Defenses to a Gun A good criminal defense attorney knows that there are several ways to fight drug charges. Has to lead a strong team of experienced federal defense lawyers that have collaborated on federal and state drug trafficking charges that have resulted in dismissed and reduced charges. In the state of Georgia, possessing a prohibited Examples of Schedule IV substances include: alprazolam (Xanax), carisoprodol (Soma), clonazepam (Klonopin), clorazepate (Tranxene), diazepam (Valium), lorazepam (Ativan), midazolam (Versed), temazepam (Restoril), and triazolam (Halcion). Possession of any Schedule I or Narcotic Schedule II Drugs: warrant 2-15 years incarceration. There are a number of ways that this may be possible such as proving an illegal traffic stop or other flaws in police work. Georgia Case Law on Possession of a Sawed-Off Shotgun. The potential outcome for any criminal case depends largely on the facts of the case, the attitude of the prosecutor, and the skills of your defense lawyer. This field is for validation purposes and should be left unchanged. Prosecutors have a lot of discretion in determining whether someone should be charged with simple possession of a controlled substance or possession with intent to distribute. Under Georgia law, O.C.G.A. In reality, most of the time, drug possession on its own is a felony offense. They were only in their possession due to certain circumstances and were unaware of their presence. (b)Except as otherwise provided by subsection (d) of this Code section, it shall be unlawful for any person knowingly to sell, deliver, distribute, display for sale, or provide to a minor or knowingly possess with intent to sell, deliver, distribute, display for sale, or provide to a minor any drug related object. Georgia drivers license suspensions are to be taken seriously, and the penalties for driving on a suspended license can be significant, including jail time. (a)As used in this Code section, the term: (1)Controlled substance shall have the same meaning as defined in Article 2 of this chapter, relating to controlled substances. However, the best thing one can do for oneself is to hire excellent legal representation. Making an informed decision in selecting a criminal defense lawyer to create a strong defense for your drug trafficking case is important to help you avoid a costly mistake. What is the assumed intent (i.e., personal use, distribution/trafficking, etc.)? What Constitutes a Charge for Illegal Substances? My minor drug possession arrest cost me nearly $5000. The State Cannot Prove the You Knowingly Possessed a Prohibited Weapon: A possible defense against a charge of being in possession of a prohibited However, if you violate the probation, your case will be sent to trial and you will potentially face the maximum sentence for a first-time offender. For a first conviction, a person faces a maximum of 1 year in jail. Web5 Ways To Beat A Drug Possession Charge! Sale of any Schedule III, IV or V Controlled Substance is a felony punishable by one to ten years in prison, depending on quantity. Substances in this schedule have a high potential for abuse which may lead to severe psychological or physical dependence. Your email address will not be published. Charge: Charlotte County warrant for violation of probation (original charge of willful and wanton reckless driving). For Michael, going out of his way for his clients, being available 24 hours a day, seven days a week, and ensuring they receive just representation is the only way to operate his practice. The law requires a sentence of at least 25 years for 28 grams or more. WebCriminal Charge in Georgia? narcotics were discovered. The statute on a wiretap is very specific about what law enforcement should do once they have these records. A judge can say that there was not enough evidence, so the wiretaps can be excluded. This is not uncommon in possession with intent to distribute cases. Save my name, email, and website in this browser for the next time I comment. Bond: none. If youre in Massachusetts and need assistance to beat a drug possession charge, call us at (508) 570-3037 or fill out a contact form today. Being in possession of a Schedule 1 or 2 drugs is a felony offense and sentencing can range from 2 to 15 years on a first offense, longer for second or subsequent offenses. know. firearm or weapon is a felony. Unlawful possession of Schedule III, IV or V controlled substance is a felony and punishable by a 1 to 5-year term of incarceration. They may be able to show real possession. However, there are some general tips for dropping drug possession charges: Having a good grasp of what rights you have is an important way to defend yourself against unreasonable charges. license to carry a handgun, where a person can carry a handgun and the Georgia is the gateway between Florida and the entire East coast. Other Schedule II narcotics include: morphine, opium, codeine, and hydrocodone. Home > Blog > How Do I Fight a Possession with Intent to Distribute Charge? Examples of Schedule IIN stimulants include: amphetamine (Dexedrine, Adderall), methamphetamine (Desoxyn), and methylphenidate (Ritalin). While police officers generally do not need search warrants to search vehicles on public roads and highways, if the car is illegally stopped or searched without probable cause, the evidence must be suppressed. Getting arrested for possession in Georgia will bring an aggressive prosecution with a real possibility of incarceration. These elements must be proved beyond a reasonable doubt. Penalties are as follows: Possession of any Schedule I or narcotic Schedule II drugs: punishable with 2-15 years in prison. Lastly, a person may prove that the substance found was not actually a drug. If any unreasonable mistake was made during the drug charge procedure, this may be grounds to drop charges altogether. For two reasons, its possible to have this evidence excluded from the trial. It does not create an attorney-client relationship between the Firm and the reader, and does not constitute legal advice. for Possessing a Prohibited Firearm or Weapon in Georgia. Schedule II drugs, substances, or chemicals are defined as drugs with a high potential for abuse, with use potentially leading to severe psychological or physical dependence. Yes. rifle, machine gun, dangerous weapon, or silencer. For the second offense within five years, as Any person violating subsection (c) of this Code section shall be guilty of a misdemeanor. Possession with intent to distributeis a more serious crime. appeal, he argued that there was insufficient evidence to support the guilty And in two ways they can do that. Possession of Schedule III, IV, or V Drugs: warrant 1-5 years incarceration. So, a criminal lawyer who is both a traffic ticket lawyer and DUI specialist is your best bet to find a great solution to weed possession charges.. Here at In any drug case, another defense is that you want to challenge any illegal search or mobile phone wiretap. RCW 66.44.270 (2) (a) makes it illegal for a person under 21 to possess or consume alcohol. There are also certain types of Coxs key In Georgia, under O.C.G.A. And what you do with the drugs doesnt matter. This criminal charge is commonly referred to as Minor in Possession or MIP. However, the sentencing is different depending on the drug and the amount. If you are under investigation, or have been arrested, for charges related to marijuana, controlled substances, narcotics, or paraphernalia you should contact a drug charges defense lawyer. The severity of the suspension of driving privileges varies. firearms that are prohibited in the state of Georgia. Ulcerative colitis? Any person who is not prohibited by law from According to your situation, some of these options may be more appealing than others. If you cant afford to be without your license, contact us to find out how we can help. When it comes to the amount of drugs, weight or size does matter. If you or a loved one has been charged with possession with intent to distribute,contact Berry Law. Web2. have or carry on his or her person a weapon or long gun on his or her property Potential Sentence If this is your first The best way for one to defend themselves in this situation is to hire strong legal representation. While this can manifest in many different ways, some key ways are: Considering how prevalent drug possession charges have become, it is extremely important to be equipped with the proper tools to defend yourself against any unreasonable violations. If this is a first misdemeanor marijuana possession, we can fight for a conditional discharge, or diversion. Are you facing a Criminal Law charge? At trial, law enforcement explained that they had been following the drug dealer and set up a controlled buy in a parking lot prior to her picking up our client. Penalty for Drug Trafficking in Georgia Mandatory Minimum Sentence Length Infographic. Prosecutor has an air-tight case with indisputable evidence, your attorney will work to you... $ 5000 any drug case, another defense is that you were not aware of the diversion program the. Not a law firm or referral service how to beat a possession charge in georgia does not belong to you was insufficient to... In any drug case, another defense is that you want to challenge illegal... Illegal weapon being in possession or MIP a reasonable doubt Georgia case law on of... They can do for oneself is to hire excellent legal representation minor drug possession arrest cost nearly... Should do once they have these records fines, shorter jail sentences, or V:... 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