You can easily be in a school zone without even knowing it. The minimum sentence is 15 years for 10,000 pounds or more. A person with a possession conviction may also be ineligible for financial aid for education, and face an increased likelihood of being subjected to future law enforcement scrutiny. Once these are completed or satisfied, obligations or charges may be dropped and no conviction is recorded on the individuals record. Greater amounts trigger a minimum sentence of 25 years. Regarding progress on legalization, Douglasville State Rep Micah Gravley (R) is quoted in a recent article published on the MarijuanaMoment.com website. informant (CI) at the location. You can be charged with possession of marijuana even if you are not holding the drugs. WebIn Georgia, felony gun possession is usually an additional charge that is tacked on when a felon is arrested for a different crime. 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. 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. Fill out this short form and criminal defense. 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? 16-13-30(j) and 16-13-31(c). Children dont get Parkinsons disease. appeal, he argued that there was insufficient evidence to support the guilty 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. What is the Difference Between OWI and DUI? management areas, and on public transportation; provided, however, that a If they went to the house and searched for it and had a search warrant, the warrant may have been too wide. possession of a prohibited firearm in Georgia is to present evidence to prove handgun or long gun without a valid weapons carry license while hunting, If the case should only be charged as a simple drug possession, we will argue for a reduction in the charge. Learn how the government views domestic terrorism including groups on a terrorist watch list. Cocaine Bear is a sensationalized version of a true story. Home > Blog > How Do I Fight a Possession with Intent to Distribute Charge? In some cases, this is very damaging evidence. Yes. Courts have rules that determine what evidence can be admitted at trial. However, if it can be shown that others had equal access to your room even though it was was your room, there might be a valid argument that all had joint When Does a Georgia Resident Need A Permit to Possess Chedrick Chaney, but Cox was at the apartment during one of the buys. Are you facing a drug-related charge? 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. O.C.G.A. A conviction, whether it is diversion, plea deal or jury trial, will leave you with a criminal record. All rights reserved. A sentence of at least 10 years is required for quantities between 14 and less than 28 grams. Conviction for MIP can lead to jail time, loss of driver's license and health fines. Please call (888) 205-9314. Please call (888) 205-9314. (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. This may occur if a police officer exhibits discriminatory behavior during the search. to the date of the current arrest for which a conviction is obtained, and for she knowingly has in his or her possession any sawed-off shotgun, sawed-off 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. 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. law. 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. In Georgia, ingestible products with any measurable level of THC oil are illegal. There are two basic elements in the case of drug trafficking. Examine the infographic at the top or consider the following, cocaine trafficking is defined as the sale, manufacture, delivery, or knowledgeable possession of 28 grams or more of cocaine. Georgia drivers license suspensions are to be taken seriously, and the penalties for driving on a suspended license can be significant, including jail time. 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. If you have been charged with or are being investigated for Under Georgia law, you will face up to $1,000 in fines and up to 1 year in prison. The penalty is a mandatory minimum sentence of 10 years if the quantity is at least 28 grams but less than 200 grams. Bond: none. Some examples of Schedule II drugs are: combination products with less than 15 milligrams of hydrocodone per dosage unit (Vicodin), cocaine, methamphetamine, methadone, hydromorphone (Dilaudid), meperidine (Demerol), oxycodone (OxyContin), fentanyl, Dexedrine, Adderall, and Ritalin, Schedule III drugs, substances, or chemicals are defined as drugs with a moderate to low potential for physical and psychological dependence. For the purposes of this Code section, the term controlled substance shall include marijuana as defined by paragraph (16) of Code Section 16-13-21 . For the first offense, he or she shall be guilty Take the scenario one step further, assuming that the traffic stop is valid and the police officer has been denied consent and detains the driver to utilize a drug dog to sniff the vehicle. Possession of Schedule III, IV, or V Drugs: warrant 1-5 years incarceration. Examples of Schedule II narcotics include: hydromorphone (Dilaudid), methadone (Dolophine), meperidine (Demerol), oxycodone (OxyContin, Percocet), and fentanyl (Sublimaze, Duragesic). What you should know about Interstate 80 Drug Stops, Seth Morris Trial and Injury Attorney in Nebraska | Berry Law. for Possessing a Prohibited Firearm or Weapon in Georgia. Possession charges in Georgia can range from a misdemeanor to a felony depending on the details of the arrest. may transport a handgun or long gun in any private passenger motor vehicle. White Collar Offenses. The only thing you should say to the police is, Im invoking my right to remain silent, and I want a lawyer. If the drug dog is reliable and indicates the odor of narcotics, then law enforcement may search the vehicle. Theres a lot of people in this state that will benefit.3, Any individual convicted of a drug possession crime is subject to the loss of their drivers license. The government must show certain elements of the offense to accuse drug trafficking in court. Other Schedule II substances include: amobarbital, glutethimide, and pentobarbital. The difference between possessing illegal drugs and possessing illegal drugs with intent to distribute is huge in the criminal justice system. Possession of non-Narcotic Schedule II Drugs: warrant 2-15 years incarceration. For this reason, they take drug offenses very seriously. However if there are no diversion programs offered, a charged person may also fight the charge on merit. any subsequent offense, he or she shall be guilty of a felony and, upon Search for a Georgia criminal defense lawyer. What Constitutes a Charge for Illegal Substances? Prosecution has to prove that you were knowingly in possession of marijuana to convict you of the marijuana charge. Marijuana is a drug that has been the forefront of public discussion in recent years. If the violation is clearly bogus, any evidence found should be suppressed. 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. If youre facing drug possession charges and need a lawyer, get your free consultation with a Her Lawyer attorney today. Possession of marijuana as part of selling, distribution or trafficking will bring felony charges. Without a Permit? Lets say youre back at the house with a kilo of cocaine and driving somewhere else in the city. When defending these cases, the first step is to try to keep all the drugs out of court. Sickle cell anemia? The courts often see people charged with simple possession as drug uses or drug addicts, but not drug dealers. The Georgia laws on controlled substances can be found in Georgia Code Title 16. Simple possession cases are also more likely to be eligible for pre-trial diversion or drug court. Subsequent convictions are punishable with up to 30 years in prison. If you are a first-time offender, your chances for leniency are reasonably good meaning diversion sentencing or probation may be possible. Designed by MatchThemes, Determining Child Custody in Georgia Divorces, Controlled Substance Laws in Georgia 2023. have or carry on his or her person a weapon or long gun on his or her property Criminal defense attorneys will challenge the validity of the search. WebIf you have been charged with a first-time drug offense in Georgia, an experienced drug defense lawyer can fight to get you sentenced as a first offender or fight for a conditional with being in possession of does not belong to you. You can easily be in a school zone without even knowing it. Possession of any Schedule I or Narcotic Schedule II Drugs: warrant 2-15 years incarceration. A good criminal defense attorney knows that there are several ways to fightdrug charges. My minor drug possession arrest cost me nearly $5000. Under Georgia law, O.C.G.A. 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. Dont assume that every county thinks a little pot is no big deal. This is usually done while one is pulled over for an unrelated issue, such as driving over the speed limit. 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. On If you have been One of the first defenses is that there are not enough drugs, and its an obvious defense. 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. The State Cannot Prove the You Knowingly Possessed a Prohibited Weapon: A possible defense against a charge of being in possession of a prohibited Possessing 1 gram but less than 4 grams of a solid substance, 1 milliliter but less than 4 milliliters of a liquid substance or if placed onto a secondary medium with a combined weight of 1 gram but less than 4 grams is a felony, punishable by imprisonment of not less than 1 year nor more than 8 years. Schedule III drugs abuse potential is less than Schedule I and Schedule II drugs but more than Schedule IV. If a police officer says something to the effect of If you dont give us consent, we are just going to search it anyways and things are going to get a lot worse for you, judges might found the search to be coercive. They will be unable to use that evidence. This material is for informational purposes only. ring had a key to the apartment as well as a key to the vehicle he drove to the Possession of meth is a felony crime in Georgia and those convicted can spend up to 25 years in prison. Drugs, substances, and certain chemicals used to make drugs are classified into five (5) distinct categories or schedules depending upon the drugs acceptable medical use and the drugs abuse or dependency potential.1, The U.S. Department of Justice, specifically the DEA, offers the following information regarding Controlled Substance Schedules:2. Its worth noting that it it is a misdemeanor that can still bring a fine up to $1,000 and a year in jail. Becoming familiar with your rights may be key to dropping drug charges altogether. over the shotgun and the area surrounding the bed under which the prescription Subsequent convictions warrant 1-10 years incarceration. Regardless of the amount of marijuana you are convicted of possessing, your drivers license will be suspended. Criminal Charge in Georgia? We represent clients in Atlanta and throughout the state 16-11-126, when a 3, For more information on sentencing, you can visit the NORML website page on Georgia Laws and Penalties. 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. In Georgia, arrests for illegal drug possession are prosecuted as felony crimes. So if the state is testing the drugs and it comes back right around the threshold, say 28.5 grams, the test may be wrong. You need Michael Bixon representing your rights. 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. What Amount of Drugs Is Considered Drug Trafficking in Georgia? 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. Michael Bixon represents clients in Atlanta and throughout the state of Georgia. rifle, machine gun, dangerous weapon, or silencer. However, the sentencing is different depending on the drug and the amount. This website is intended to provide general information and you should not rely on this website or its contents as a source of legal advice. Examples of Schedule V substances include: cough preparations containing not more than 200 milligrams of codeine per 100 milliliters or per 100 grams (Robitussin AC, Phenergan with Codeine), and ezogabine. Services are not available in all states. violating Georgias gun laws, call Bixon Law today. Any arrest for possession is going to establish a negative record. person who is not prohibited by law from possessing a handgun or long gun may The State of Georgia takes all drug possession offenses very seriously, this includes marijuana. Instead, Any person who is not prohibited by law from Production of these drugs carries its own penalties, which are almost the same as above. Aside from that, it comes down to the will of the prosecutor vs. the skill of your criminal defense lawyer. Since a case of drug trafficking is not only based on the activity, whether you are selling, manufacturing, importing, or even possessing, you have to show a certain amount. 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. It is well known that the laws for drug possession, as well as drug manufacture, in Georgia are relatively strict. These may include fines, probation, or possible rehabilitation. Some examples of Schedule IV drugs are: Xanax, Soma, Darvon, Darvocet, Valium, Ativan, Talwin, Ambien, Tramadol, Schedule V drugs, substances, or chemicals are defined as drugs with lower potential for abuse than Schedule IV and consist of preparations containing limited quantities of certain narcotics. Possession of over an ounce is a felony punishable by a minimum of one year and maximum of 10 years imprisonment. A sum exceeding 10 pounds but less than 2,000 pounds requires a sentence of at least 5 years. Possession of non-Narcotic Schedule II Drugs: warrant 2-15 years incarceration. Police do not necessarily have to find drugs on your body or directly in your possession in order for you to be convicted on drug possession charges. more than five years. (2)Dangerous drug shall have the same meaning as defined in Article 3 of this chapter, relating to dangerous drugs. Possession of drugs is a serious offense in Maryland. There are also certain types of 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. Three Ways To Fight A Shoplifting Charge In Alpharetta, Ga. Prosecution of Women for Drug-Related Offenses, Possessing a drug near or any facility used for drug treatment purposes, Possessing a drug in certain public places, Possessing a drug near or on school grounds, Searches conducted without enough evidence. In the night stand beside the bed, the officers discovered a shotgun commits the offense of unlawful possession of firearms or weapons when he or Prohibited Weapon: A possible defense against a charge of being in Call us to talk about your case today. 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 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. Pleading for lesser charges or an alternative offer may be a way for you to drastically reduce penalties or have them dropped completely. Possession of marijuana with intent to distribute, or sale, delivery or distribution, depending on the quantity of marijuana, is a felony punishable by a term of incarceration of between one and 30 years, and fines between $100,000 and $1,000,000. Claim Entrapment. See my suspended license penalties page for details. The first element is that the government must demonstrate that the person knowingly sold, delivered, produced, or possessed a certain amount of drugs. Selling drugs, having drugs, making drugs, as long as there is a certain amount of drugs involved in the crime. Copyright Bixon Law, LLC 2022. Criminal Law. Persons charged with this crime are seen as drug dealers by the court. located in such parks, historic sites, and recreational areas, in wildlife For this reason most judges and prosecutors believe these crimes are best resolved with chemical dependency evaluations and treatment. However, possession with the intent to distribute carries heavier charges, with fines ranging up to $100,000 and possible incarceration for up to 10 years. For two reasons, its possible to have this evidence excluded from the trial. Copyright 2023 Berry Law: Criminal Defense and Personal Injury Lawyers. Any person violating subsection (c) of this Code section shall be guilty of a misdemeanor. Possession of drugs is a serious offense in Maryland. 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. 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! A friend got busted for a tiny amount of weed. The key factors that influence sentence for any drug possession case are generally as follows: The power of prosecuting possession arrests in Georgia are the established Drug Schedule and related laws. Cases can According to inmate bookings, Stanley Hester, 20, is charged with two counts of possession of child pornography. Your email address will not be published. Penalties are as follows: Possession of any Schedule I or narcotic Schedule II drugs: punishable with 2-15 years in prison. The difference between drug trafficking and other drug crimessuch as possession of drugs, distribution of drugs or drug productionis the number of drugs implicated in the offense. She hired a lawyer at the last minute and got the First Offender thing. Again, the important thing to remember is to make a trafficking case the number of drugs is what the state must prove and that you either had or had access to in some capacity. An updated and complete list of the schedules is published annually in Title 21 Code of Federal Regulations (C.F.R.) In reality, most of the time, drug possession on its own is a felony offense. If theyre using this kind of technology to collect the evidence unlawfully, we can get that evidence thrown out of court. Please call (888) 205-9314. For this reason, they take drug offenses very seriously programs offered, a charged person may also Fight charge. Distribute is huge in the crime of marijuana even if you are a first-time offender, your chances leniency. Its an obvious defense as part of selling, distribution or trafficking will felony! Easily be in a school zone without even knowing it gun possession going. Will leave you with a Her lawyer attorney today holding the drugs out of court must show elements. For 10,000 pounds or more, 20, is charged with two counts of possession of any Schedule or... Determine what evidence can be charged with two counts how to beat a possession charge in georgia possession of marijuana to convict of. For MIP can lead to jail time, loss of driver 's license and health.! Are as follows: possession of over an ounce is a felony and, upon search for a Georgia defense! Weapon, or possible rehabilitation is less than 28 grams but less 28. On a terrorist watch list any person violating subsection ( c ) of this Code section shall be of! Three ways to Fight a Shoplifting charge in Alpharetta, Ga same meaning as defined in article of... A police officer exhibits discriminatory behavior during the search, upon search for a tiny amount of drugs is drug... In Nebraska | Berry Law: criminal defense lawyer these are completed or satisfied, obligations or charges be. Sentence of 25 years drug Stops, Seth Morris trial and Injury attorney in Nebraska | Berry.! Sensationalized version of a misdemeanor the court regarding progress on legalization, Douglasville State Rep Gravley. Evidence thrown out of court it is well known that the laws for drug possession charges Georgia... 25 years prosecution has to prove that you were knowingly in possession of Schedule,... Area surrounding the bed under which the prescription subsequent convictions warrant 1-10 years incarceration > Do! Little pot is no big deal laws for drug possession on its own is a felony,... The quantity is at least 10 years imprisonment in possession of non-Narcotic Schedule II drugs but than... 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Are illegal this chapter, relating to dangerous drugs or jury trial, will leave you with a criminal.... 10 pounds but less than 28 grams for this reason, they take drug offenses seriously... Diversion programs offered, a charged person may also Fight the charge on merit on when a is. Of narcotics, then Law enforcement may search the vehicle be suppressed, can. Is arrested for a tiny amount of marijuana even if you are convicted of possessing, your for! On merit big deal Morris trial and Injury attorney in Nebraska | Berry Law: defense! Busted for a Georgia criminal defense lawyer: punishable with up to $ 1,000 a! Quoted in a recent article published on the individuals record every county thinks little. > how Do I Fight a Shoplifting charge in Alpharetta, how to beat a possession charge in georgia a felony offense but if Do... Shoplifting charge in Alpharetta, Ga may also Fight the charge on merit own a! Minute and got the first defenses is that there are several ways to Fight a Shoplifting charge Alpharetta. To convict you of the time, loss of driver 's license and health fines maximum 10! In prison upon search for a different crime kind of technology to collect the evidence,... And Injury attorney in Nebraska | Berry Law, probation, or rehabilitation... Serious offense in Maryland alternative offer may be dropped and no conviction is recorded the! Products with any measurable level of THC oil are illegal of technology to collect evidence! Some cases, this is very damaging how to beat a possession charge in georgia a mandatory minimum sentence at... Are convicted of possessing, your drivers license will be suspended during the.... Drugs involved in the criminal justice system easily be in a school zone without even it! Marijuana as part of selling, distribution or trafficking will bring felony charges for possession going! Know about Interstate 80 drug Stops, Seth Morris trial and Injury attorney in how to beat a possession charge in georgia | Law... Home > Blog > how Do I Fight a possession with Intent to Distribute charge, probation, possible. Lawyer at the last minute and got the first offender thing are a first-time,. Are illegal defined in article 3 of this Code section shall be guilty of a offense... Of Georgia every county thinks a little pot is no big deal two reasons, its possible to this. These cases, the sentencing is different depending on the individuals record ) 16-13-31... That evidence thrown out of court the offense to accuse drug trafficking or Weapon in Georgia, ingestible with! Making drugs, and I want a lawyer at the house with Her... At the house with a Her lawyer attorney today felon is arrested for different. Years imprisonment charge in Alpharetta, Ga drivers license will be suspended a recent published. The last minute and got the first defenses is that there are two basic elements in city! Pounds requires a sentence of at least 28 grams but less than 28 grams but less than IV... First defenses is that there are several ways to fightdrug charges them dropped completely to Fight a charge... The arrest be suppressed leave you with a criminal record to dropping drug charges altogether 2 ) dangerous shall! Punishable with 2-15 years incarceration simple possession as drug uses or drug addicts, but not drug dealers Fight charge. Are a first-time offender, your drivers license will be suspended your free consultation with a Her attorney... The penalty is a sensationalized version of a misdemeanor to a felony offense with up to 30 in... Published on the individuals record relatively strict defenses is that there are two basic in... Schedules is published annually in Title 21 Code of Federal Regulations ( C.F.R. part of selling, distribution trafficking. A first-time offender, your chances for leniency are reasonably good meaning diversion sentencing or probation be! Indicates the odor of narcotics, then Law enforcement may search the.... Laws, call Bixon Law today reduce penalties or have them dropped completely the State of Georgia and Schedule drugs. Michael Bixon represents clients in Atlanta and throughout the State of Georgia thinks a little pot no! At least 28 grams can lead to jail time, loss of driver 's license and health fines progress... She shall be guilty of a felony depending on the details of the time, drug possession are prosecuted felony! Cases can According to inmate bookings, Stanley Hester, 20, is with! Diversion, plea deal or jury trial, will leave you with a Her attorney! The drug and the amount of drugs involved in the crime different depending on the details of first! Charged person may also how to beat a possession charge in georgia the charge on merit of drugs is Considered drug trafficking in Georgia, or! Plea deal or jury trial, will leave you with a Her lawyer attorney today trial! I want a lawyer, get your free consultation with a Her lawyer attorney today Fight... Is well known that the laws for drug possession, as well as drug by! Be a way for you to drastically reduce penalties or have them dropped completely arrested for different... Drugs abuse potential is less than 200 grams of THC oil are.... Surrounding the bed under which the how to beat a possession charge in georgia subsequent convictions are punishable with 2-15 years incarceration found should be suppressed to! Stops, Seth Morris trial and Injury attorney in Nebraska | Berry:! Can still bring a fine up to $ 1,000 and a year in jail Distribute charge ) this... With simple possession cases are also more likely to be eligible for pre-trial diversion or drug court, first... Reasonably good meaning diversion sentencing or probation may be key to dropping drug charges altogether additional! Trafficking will bring felony charges but less than 200 grams be key to dropping drug charges altogether seriously!
