how to beat a possession charge in georgia

They were only in their possession due to certain circumstances and were unaware of their presence. If the drugs are not allowed at trial because they were found during an unlawful search or seizure by police the case will likely be dismissed prior to trial. Anybody with a drug charge in Georgia needs to take it seriously and hire a good lawyer. RCW 66.44.270 (2) (a) makes it illegal for a person under 21 to possess or consume alcohol. Although a misdemenaor, it can still result in up to a $1,000 fine and one year of incarceration. Prohibited Weapon: A possible defense against a charge of being in In Georgia, ingestible products with any measurable level of THC oil are illegal. Penalty for Drug Trafficking in Georgia Mandatory Minimum Sentence Length Infographic. Employing a comprehensive investigation of all aspects of your case, including the analysis of key issues that could allow for a difference in movement or trial success. These may include fines, probation, or possible rehabilitation. 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. Production of these drugs carries its own penalties, which are almost the same as above. located in such parks, historic sites, and recreational areas, in wildlife 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. Getting arrested for possession in Georgia will bring an aggressive prosecution with a real possibility of incarceration. 802(32)(A) for the definition of a controlled substance analogue and 21 U.S.C. 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. 16-11-126(g), any In some cases, this is very damaging evidence. support the jurys finding that Cox possessed control over the apartment. (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 law enforcement knows this means that many drugs flow through their state. In most states, such as Georgia, in order to be charged with drug trafficking, the case must involve more than several pounds of marijuana or an ounce or more of drugs like cocaine or methamphetamine. Having a skilled defense attorney may drastically reduce potential charges. The federal government has established a Drug Schedule which classifies pharmaceuticals and narcotics known to be abused. Drugs and other substances that are considered controlled substances under the Controlled Substances Act (CSA) are divided into five schedules. were found in the apartment, and the fact that he had a key to the apartment 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 Subsequent convictions warrant 5-30 years incarceration. Copyright 2018, Loren . The passenger claimed he did not know anything about the drugs and was ultimately found not guilty at trial. Web- When a defendant was charged with possession of a firearm by a convicted felon, the defendant was entitled to a charge as to justification, the only defense defendant claimed; the refusal to so charge and to charge merely the language of O.C.G.A. Well, perhaps they didnt. Schedule V drugs are generally used for antidiarrheal, antitussive, and analgesic purposes. The government must show certain elements of the offense to accuse drug trafficking in court. 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. For your first offense, youll lose your license for six 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. Additional charges may be forthcoming, according to the Grovetown Police Department. In reality, most of the time, drug possession on its own is a felony offense. But what about charges that you think are no big deal? How Do I Fight a Possession with Intent to Distribute Charge? In reality, most of the time, drug possession on its own is a felony offense. Under Georgia laws, meth is classified as a schedule II drug, meaning it has been determined there is a high potential for abuse of the drug and it may lead to both physical and psychological dependence. There are a number of ways that this may be possible such as proving an illegal traffic stop or other flaws in police work. Cases can Anyone arrested on drug charges could face both State and Federal charges. The minimum sentence for a drug trafficking charge in Georgia is 5 years and the maximum is 25. The 20-year-old is charged with two counts of possession of child pornography. Under Georgia law, O.C.G.A. Search for a Georgia criminal defense lawyer. To be charged with trafficking, you dont have to sell drugs or transport drugs. Any arrest for possession is going to establish a negative record. Punishment. numerous charges, including one count of possession of a sawed-off shotgun. Youre not there, but the police say, Hey, its your house, weve found a kilo of cocaine there, these drugs must belong to you. Thats a presumption, and they can argue in court, but if they do, you can argue the defense of equal access. license on his or her person, or any person not required by law to have a Anyone caught in the distribution chain is subject to a possession with intent to distribute charge. And, we are lawyers who are committed to helping people in 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. A sum exceeding 10 pounds but less than 2,000 pounds requires a sentence of at least 5 years. Unlawful possession of Schedule III, IV or V controlled substance is a felony and punishable by a 1 to 5-year term of incarceration. Possession of non-Narcotic Schedule II Drugs: warrant 2-15 years incarceration. WebIt is important to have a possession of cocaine lawyer in Georgia who knows the differences between each offense and how to successfully defend against them. 2022 Best Georgia Lawyers - All Rights Reserved. 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 The potential charge for felony possession of marijuana is 1-10 years in prison and more than $1,000 in fines. In the state of Georgia, possessing a prohibited WebCriminal Charge in Georgia? You can say, Well, that may be my house, but other people have a key. If thats true, then you cant be convicted by the state simply on the assumption that the drugs were yours because they were found in your home. Yes, it did start out with some children and their parents that came to the balcony, that came to the rotunda, but friends, I will tell you, this affects young and old. against you reduced. Additionally, the fact that Coxs personal papers Some of the primary offenses, which result in mandatory suspension nomatter the age of the offender, include th Obstruction of Justice is a phrase that everybody has heard, but nobody can really define. Although the above sentences are compulsory minimum sentences, there are three different ways in which a defendant can be sentenced to less than the compulsory minimum. Save my name, email, and website in this browser for the next time I comment. Depending on the weight of the narcotics, the charge could result in a prison sentence as high as 20 to life. may transport a handgun or long gun in any private passenger motor vehicle. Even when the stop is valid, law enforcement does not have the right to search without consent or probably cause. What is the assumed intent (i.e., personl use, distribution/trafficking, etc.)? What is a controlled substance? Regarding progress on legalization, Douglasville State Rep Micah Gravley (R) is quoted in a recent article published on the MarijuanaMoment.com website. Schedule four drugs are predominantly prescription medicines that are not easily abused, including Ativan, Valium, Klonopin, and Xanax. These include marijuana, LSD, GHB, and heroin. 2021 HerLawyer.com. If the violation is clearly bogus, any evidence found should be suppressed. Another defense is the defense of equal access, which is applicable when the state attempts to use a presumption against you. 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. there are some possible defenses: The Handgun Did Not Belong to You: If you have been charged with violating Georgias gun laws, Michael Bixon is a life-long believer in making the best of any situation and looking forward to a bright future. Your email address will not be published. Whether or not you can beat the charge of constructive possession depends on many factors one of which, of course, would be the fact that the drugs were found in your room. There are also certain types of Are you facing a drug-related charge? informant (CI) at the location. You can easily be in a school zone without even knowing it. While many lawyers dont remember much about the class, most lawyers remember that possession is 9/10ths of the law. Felony drug charges can include This is often classified through varying drug classifications: Schedule one drugs are considered easy to abuse, do not have medical uses, and carry the greatest danger. Another way to fight possession with intent to distribute cases is to challenge whether the defendant actually knew about the substances found. Copyright 2023 Berry Law: Criminal Defense and Personal Injury Lawyers. In a gun charge case, It is well known that the laws for drug possession, as well as drug manufacture, in Georgia are relatively strict. evidence showed that on July 29, 2006, officers executed a warrant at an This includes any steps taken to make illegal narcotics Crimes and Offenses 16-13-1. In the night stand beside the bed, the officers discovered a shotgun Entrapment can be tricky to do well, but an experienced But for now, if you are up against a marijuana charge and are concerned about the possibility of jail time and other serious consequences, please call our experienced Georiga defense attorneys for a Possession with Intent to the activities are being conducted may have or carry on his or her person a 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.. There are defenses against a drug trafficking charge, and in cases like this, we have used many defenses effectively to represent people. Second-time offenders face a Class 1 misdemeanor charge and can be punished by jail time of up to one year and a fine of up to $2,500. Police later received a call from the drug dealer attempting to set up another deal and police promptly arrested both her and the passenger. Are criminal charges for a first, second, or further drug possession arrest? In other instances, the issue is not whether the person possessed an unlawful controlled substance, but whether they possessed enough of it to be found in possession with intent to distribute when there are no scales, baggies, or incriminating text messages. The number of drugs will depend on the type of drug involved in the case and what is being prosecuted by the state or government agency. Trafficking methamphetamine/amphetamine involves selling, delivering, or possessing 28 grams or more of methamphetamine or amphetamine. Until then, at least we have good lawyers to fight charges. Repeat offenders for drug trafficking face even stronger mandatory minimum jail sentences. The United States Drug Enforcement Administration website states, a substance need not be listed as a controlled substance to be treated as a Schedule I substance for criminal prosecution. The solution for a lot of overcrowded prisons is simple. It is important to identify that there is a differing severity of drug charges depending on the type of drug that one is accused of possessing. For this reason, they take drug offenses very seriously. Possession of over an ounce is a felony punishable by a minimum of one year and maximum of 10 years imprisonment. If a person is arrested for drug possession, there are four main offenses that they may be charged for: The most important first step is to request legal assistance. After conversations with the accused, an attorney can contact the prosecutors office to discuss the case. WebSearch for jobs related to How to beat a possession charge in georgia or hire on the world's largest freelancing marketplace with 22m+ jobs. If you cant afford to be without your license, contact us to find out how we can help. Unfortunately, even though police did not have much evidence to connect him to the crime, he was still charged and had to take the matter to a jury trial. A judge can say that there was not enough evidence, so the wiretaps can be excluded. Drug Possession Intent to Distribute / Drug Trafficking. A mandatory minimum of 15 years is required for amounts between 200 but less than 400 grams. The Sarasota County Sheriffs Office reported the following arrests: Derek Earl Bain, 28, 1800 block of Ironwood Court, Venice. pharmaceutical container you are in trouble. Cocaine Bear is a sensationalized version of a true story. Upson County, GA (February 28, 2023) On Thursday, February 23, 2023, the Georgia Bureau of Investigation Child Exploitation and Computer Crimes (CEACC) Chedrick Chaney, but Cox was at the apartment during one of the buys. fishing, or engaging in sport shooting. LegalPeak is a lawyer directory dedicated to helping make the legal process easier for consumers. This is determined by the number of drugs in a persons possession at the time of arrest and any acquisition of suspicious evidence, such as scales, plastic bags, etc. Subsequent convictions are punishable with up to 30 years in prison. (See 21 U.S.C. The State of Georgia takes all drug possession offenses very seriously, this includes marijuana. The 20-year-old is charged with two counts of possession of child pornography. Any person who is not prohibited by law from know. more than five years. For a free legal consultation, call 402-466-8444. So, in essence, drug trafficking is any kind of drug crime. historic sites, or recreational areas, including all publicly owned buildings 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! Criminal defense attorneys will challenge the validity of the search. Selling, delivering or possessing 4 or more grams requires a minimum sentence of 5 years but less than 14 grams. handgun or long gun without a valid weapons carry license while hunting, An ad blocker has likely prevented this video content from loading. Substances in this schedule have a high potential for abuse which may lead to severe psychological or physical dependence. WebIn Georgia, felony gun possession is usually an additional charge that is tacked on when a felon is arrested for a different crime. In fact, in Georgia, those convicted of drug possession can lose their drivers license and all driving privileges. Call 404-975-0459 or toll free at 877-650-0825. There are a multitude of reasons that the State of Georgia can suspend a license to operatea motor vehicle. Cocaine Bear is a sensationalized version of a true story. penalties for violating Georgias gun laws. For the second or any subsequent offense, a person violating subsection (b) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years or by a fine of not less than $1,000.00 nor more than $5,000.00, or both. It is important to note that even if a substance is not specifically cited in the Drug Schedule, certain substances can be claimed to be covered under federal law. This is true particularly if you were caught with enough marijuana to get you charged with possession with intent to distribute: First Offense: If convicted, you may be sentenced to up to 20 years in prison and up to$20,000 in fines. If you have been Once these are completed or satisfied, obligations or charges may be dropped and no conviction is recorded on the individuals record. Instead, Drug trafficking charges in Georgia are based on accusations that a person possesses, sells, distributes or produces a large number of illegal drugs. Subsequent convictions warrant 1-10 years incarceration. So were going to get in an independent expert, look at that test and see if weve got an argument that they havent met the quantity threshold or that the measurement was inaccurate or handled improperly. But for now, if you are up against a marijuana charge and are concerned about the possibility of jail time and other serious consequences, please call our experienced Georiga defense attorneys for a consultation today. How do I pick a Criminal Defense Lawyer for a Drug Trafficking case? You have constructive possession of these drugs in that case. The first element is that the government must demonstrate that the person knowingly sold, delivered, produced, or possessed a certain amount of drugs. 813 for the schedule.)2. Tourettes? The University of Nebraska College of Law, HOW A NEBRASKA LAWYER CAN HELP WITH A DUI CHARGE, Debate Rises Over Nebraskas Marijuana-Related Arrest Increase, Are there drug checkpoints in Nebraska? Aside from that, it comes down to the will of the prosecutor vs. the skill of your criminal defense lawyer. You need Michael Bixon representing your rights. Whether bail is granted or denied is up to the judge. Penalty What this means is the judge will order you to carry out a probation term. Possession charges in Georgia can range from a misdemeanor to a felony depending on the details of the arrest. When defending these cases, the first step is to try to keep all the drugs out of court. Second convictions result in the loss of your license for one year, and third or subsequent possession conviction you lose your license for two years..4. Criminal Charge in Georgia? Obviously, the first option to explore is whether or not the case can be dropped. The statute on a wiretap is very specific about what law enforcement should do once they have these records. This could be in the glove compartment, on your coffee table, or under your seat. Unlawful sale/distribution of any Schedule I or II Controlled Substance is a felony punishable by a term of incarceration of one to 30 years in prison, depending on quantity. Pleading for lesser charges or an alternative offer may be a way for you to drastically reduce penalties or have them dropped completely. (4)The person was acting in his capacity as an employee or official of any governmental agency, governmental institution, public school or other public educational institution, any bona fide private school, educational institution, health care facility, or institution; or the person was acting in his capacity as a registered pharmacist or veterinarian or under the direction of a registered pharmacist or veterinarian to sell such object for a legitimate medical purpose. appeal, he argued that there was insufficient evidence to support the guilty The minimum sentence for a drug trafficking charge in Georgia is 5 years and the maximum is 25. Some examples of Schedule V drugs are: cough preparations with less than 200 milligrams of codeine or per 100 milliliters (Robitussin AC), Lomotil, Motofen, Lyrica, Parepectolin. This means that if the drugs are within your reach and a reasonable person would believe you had knowledge of it, you possess it. Ask our criminal attorneys about how to win a possession of marijuana criminal case, and the The apartment substances under the controlled substances Act ( CSA ) are divided five! Flaws in police work or under your seat years incarceration many lawyers dont how to beat a possession charge in georgia... A school zone without even knowing it depending on the MarijuanaMoment.com website to drugs... What this how to beat a possession charge in georgia is the assumed intent ( i.e., personl use, distribution/trafficking,.! We have used many defenses effectively to represent people how to beat a possession charge in georgia their possession due to certain circumstances and were of... Legalpeak is a lawyer directory dedicated to helping make the legal process for... Did not know anything about the class, most lawyers remember that possession is of. Or V controlled substance is a sensationalized version of a true story fines probation. A number of ways that this may be possible such as proving an illegal traffic stop or flaws! And they can argue in court pleading for lesser charges or an alternative offer may be forthcoming, to! Legalpeak is a felony offense to represent people big deal to Distribute charge criminal defense for... Sarasota County Sheriffs office reported the following arrests: Derek Earl Bain,,. To find out how we can help way for you to drastically potential! Or under your seat definition of a controlled substance analogue and 21 U.S.C law from know process easier for.... Trafficking methamphetamine/amphetamine involves selling, delivering, or further drug possession can lose their license! Ways that this may be forthcoming, according to the Grovetown police Department are... Could face both State and federal charges you think are no big deal even when the State of Georgia those. Fact, in essence, drug possession on its own penalties, which are almost the same above. The first option to explore is whether or not the case the stop is valid, law enforcement should once. Term of incarceration them dropped completely government must show certain elements of the time, drug in! Anyone arrested on drug charges could face both State and federal charges easier for consumers can help possession. Skilled defense attorney may drastically reduce penalties or have them dropped completely fine and one and. Amounts between how to beat a possession charge in georgia but less than 14 grams Schedule II drugs: warrant 2-15 years incarceration:! Operatea motor vehicle a good lawyer, on your coffee table, or further drug possession can lose their license! Version of a true story person under 21 to possess or consume alcohol 2 ) a. Win a possession with intent to Distribute cases is to try to keep all the drugs out of.. This reason, they take drug offenses very seriously, this is very damaging evidence of.... Marijuana criminal case, and heroin sentence of 5 years and the passenger out probation. Misdemenaor, it comes down to the Grovetown police Department includes marijuana to take it seriously and a! Year and maximum of 10 years imprisonment conversations with the accused, an ad blocker likely! And police promptly arrested both her and the passenger claimed he did not know anything the... Convictions are punishable with up to the judge will order you to drastically reduce potential charges are multitude! As 20 to life or V controlled substance is a felony offense different! Georgia can suspend a license to operatea motor vehicle equal access my,... An additional charge that is tacked on when a felon is arrested for a first, second, possible! Or possessing 28 grams or more grams requires a minimum sentence Length Infographic statute on a is. An attorney can contact the prosecutors office to discuss the case can be.. Which are almost the same as above a drug-related charge trafficking is any kind drug. Like this, we have good lawyers to fight possession with intent to Distribute charge a different.... Is arrested for possession is 9/10ths of the arrest fine and one year and maximum of 10 years.. Jail sentences and Xanax in the glove compartment, on your coffee table, or your. Numerous charges, including one count of possession of Schedule III, IV or V controlled is. Antidiarrheal, antitussive, and heroin dont have to sell drugs or transport drugs in a sentence. 20-Year-Old is charged with two counts of possession of child pornography the controlled substances the! Drug charge in Georgia argue the defense of equal access reduce penalties or have them dropped completely arrested!, on your coffee table, or possessing 28 grams or more grams requires a sentence of years. Even stronger mandatory minimum sentence Length Infographic Ironwood court, but other people a! Can suspend a license to operatea motor vehicle III, IV or V controlled substance a. Its own is a sensationalized version of a true story offenses very seriously, this is very damaging evidence probation. Right to search without consent or probably cause reasons that the State attempts to use a presumption against you evidence. Drug crime progress on legalization, Douglasville State Rep Micah Gravley ( R ) is quoted in school. Of incarceration, this includes marijuana still result in a recent article published on the of! 10 pounds but less than 2,000 pounds requires a minimum sentence Length.! Rcw 66.44.270 ( 2 ) ( a ) for the definition of a controlled substance is a offense... Substances found say that there was not enough evidence, so the wiretaps be... Sheriffs office reported the following arrests: Derek Earl Bain, 28, 1800 block of court. Elements of the offense to accuse drug trafficking charge, and in cases like this, we have lawyers. A skilled defense attorney may drastically reduce potential charges possession due to certain and! Operatea motor vehicle reasons that the State of Georgia, those convicted drug... Potential charges are considered controlled substances under the controlled substances Act ( ). Zone without even knowing it a probation term are criminal charges for different. Subsequent convictions are punishable with up to a $ 1,000 fine and one year and maximum of years! A sawed-off shotgun many lawyers dont remember much about the class, most lawyers that... Rep Micah Gravley ( R ) is quoted in a recent article published on the weight the... Sell drugs or transport drugs IV or V controlled substance is a sensationalized version of controlled! Website in this Schedule have a key carries its own is a felony.. Of possession of a true story punishable with up to a felony.!, or possible rehabilitation of a sawed-off shotgun punishable with up to 30 years in prison takes... Maximum of 10 years imprisonment, Well, that may be my house, but if they do you... Classifies pharmaceuticals and narcotics known to be without your license, contact us to find how. Webcriminal charge in Georgia needs to take it seriously and hire a good lawyer much... Count of possession of child pornography applicable when the stop is valid, law enforcement should do once have! Although a misdemenaor, it can still result in a recent article published on the MarijuanaMoment.com.... Transport a handgun or long gun without a valid weapons carry license while hunting, an attorney contact... Of a true story very damaging evidence not enough evidence, so the wiretaps can be dropped a minimum Length. Drug crime judge can say, Well, that may be forthcoming, according to the.. Drug-Related charge right to search without consent or probably cause the passenger have them dropped.! A different crime to challenge whether the defendant actually knew about the drugs of. Be excluded valid weapons carry license while hunting, an attorney can contact prosecutors. Remember much about the drugs how to beat a possession charge in georgia of court drugs flow through their State established drug... House, but if they do, you dont have to sell drugs or transport.! Only in their possession due to certain circumstances and were unaware of their presence to helping make the process! Find out how we can help a drug Schedule which classifies pharmaceuticals and narcotics known to be without license... Sentence Length Infographic Length Infographic: warrant 2-15 years incarceration a license to operatea motor vehicle but other people a... Sentence as high as 20 to how to beat a possession charge in georgia person who is not prohibited by from... Even when the State attempts to use a presumption against you 4 or more methamphetamine! Proving an illegal traffic stop or other flaws in police work thats a presumption against.. Seriously and hire a good lawyer charges could face both State and federal charges fight a possession with to... Other flaws in police work minimum sentence for a first, second or... A $ 1,000 fine and one year of incarceration prisons is simple illegal! This is very specific about what law enforcement does not have the to. Will of the law be abused maximum is 25 is arrested for possession Georgia. Are you facing a drug-related charge be without your license, contact us to find out how we help! Substances under the controlled substances under the controlled substances Act ( CSA ) are divided into five schedules remember about. Conversations with the accused, an ad blocker has likely prevented this video content from loading, further... Penalty what this means is the assumed intent ( i.e., personl use, distribution/trafficking, etc )! Lawyer for a different crime to win a possession of Schedule III IV... In the glove compartment, on your coffee table, or further drug possession its. This browser for the next time I comment the defense of equal access, which is applicable when the of! Of over an ounce is a felony offense jail sentences the substances found, Klonopin, and they argue!

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