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. Criminal Law. This means that if the drugs are within your reach and a reasonable person would believe you had knowledge of it, you possess it. 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. Additionally, many cases incur a weakness in establishing constructive possession. 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. Tourettes? she knowingly has in his or her possession any sawed-off shotgun, sawed-off WebIn Georgia, felony gun possession is usually an additional charge that is tacked on when a felon is arrested for a different crime. Felony drug convictions will have heftier punishments than misdemeanors. If you cant afford to be without your license, contact us to find out how we can help. 1308.11 through 1308.15. So, in essence, drug trafficking is any kind of drug crime. See my suspended license penalties page for details. Beating a drug possession charge can be quite difficult, but not impossible. They may be able to show real possession. management areas, and on public transportation; provided, however, that a Selling, delivering or possessing 4 or more grams requires a minimum sentence of 5 years but less than 14 grams. 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. (3)Drug related object means any machine, instrument, tool, equipment, contrivance, or device which an average person would reasonably conclude is intended to be used for one or more of the following purposes: (A)To introduce into the human body any dangerous drug or controlled substance under circumstances in violation of the laws of this state; (B)To enhance the effect on the human body of any dangerous drug or controlled substance under circumstances in violation of the laws of this state; (C)To conceal any quantity of any dangerous drug or controlled substance under circumstances in violation of the laws of this state; or. The State Cannot Prove the You Knowingly Possessed a Prohibited Weapon: A possible defense against a charge of being in possession of a prohibited There are defenses against a drug trafficking charge, and in cases like this, we have used many defenses effectively to represent people. 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. measured from the dates of previous arrests for which convictions were obtained 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 Schedule three drugs are less likely to be abused and have many medical uses; these include drugs such as Vicodin and ketamine. Some examples of Schedule I drugs are: heroin, lysergic acid diethylamide (LSD), marijuana (cannabis), 3,4-methylenedioxymethamphetamine (ecstasy), methaqualone, and peyote. We invite you to call us at 404-551-5684 for a free consultation today. What is the assumed intent (i.e., personal use, distribution/trafficking, etc.)? ring had a key to the apartment as well as a key to the vehicle he drove to the If the drug dog is reliable and indicates the odor of narcotics, then law enforcement may search the vehicle. Search for a Georgia criminal defense lawyer. Georgia criminal defense lawyers fight criminal offenses in all GA courts. 16-11-126, when a There is a big difference between simple possession of an illegal drug and possession with intent to distribute. Its worth noting that it it is a misdemeanor that can still bring a fine up to $1,000 and a year in jail. Subsequent convictions are punishable with up to 30 years in prison. But even if theyre not with you at the time, you can also possess drugs. Any arrest related to possession of illegal substances could possibly bring State and Federal charges. Some examples of the drugs in each schedule are listed below. 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 Talk to your Georgia drug crimes What are the relevant State and/or Federal sentencing guidelines for charges filed against you? A friend got busted for a tiny amount of weed. What Amount of Drugs Is Considered Drug Trafficking in Georgia? any subsequent offense, he or she shall be guilty of a felony and, upon WebOur goal is to first try to take the most serious charges off the table to avoid the most severe sentences. Are you facing a DUI charge? Fact: in 1985, 40 plastic containers of cocaine were dropped in the wilderness near the Tennessee/Georgia border by two drug smugglers flying from Colombia to various locations in the United States. 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. Prohibited Weapon: A possible defense against a charge of being in The difference between possessing illegal drugs and possessing illegal drugs with intent to distribute is huge in the criminal justice system. This is not uncommon in possession with intent to distribute cases. With the rise in domestic growers cultivating the plant in Georgia, police are watching and waiting to catch big time dealers and small-time users. Fact: in 1985, 40 plastic containers of cocaine were dropped in the wilderness near the Tennessee/Georgia border by two drug smugglers flying from Colombia to various locations in the United States. Your email address will not be published. After your arrest, you have the right to remain silent and to get a lawyer. Potential Sentence If this is your first In other words, the person who is accused of producing drugs must have physically handled them. Are criminal charges for a first, second, or further drug possession arrest? This probation can include drug counseling, therapy, attendance at meetings, etc. The State of Georgia takes all drug possession offenses very seriously, this includes marijuana. Did the officer lack probable cause? They will be unable to use that evidence. If somebody is charged with drug possession, serious consequences may follow including jail time, probation, drug screens, fines, marks on permanent records, and more. Under Georgia law, O.C.G.A. 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 Trafficking methamphetamine/amphetamine involves selling, delivering, or possessing 28 grams or more of methamphetamine or amphetamine. Simple possession cases are also more likely to be eligible for pre-trial diversion or drug court. SAVANNAH, GA: Eleven defendants face federal charges including illegal possession of firearms and drug possession after separate indictments by a grand jury in the Southern District of Georgia, while recent actions in U.S. District Court include guilty pleas and criminal sentences related to illegal gun possession. Possession of a controlled substance is also a deportable offense, which can result in a non-citizen being removed from the United States. A good criminal defense attorney knows that there are several ways to fight drug charges. Call or text 402-466-8444 or complete a Free Case Evaluation form, Contacting us does not create an attorney-client relationship, Omaha Office 1414 Harney St, Suite 400, Omaha, NE 68102, Lincoln Office 6940 O St Suite 400, Lincoln, NE 68510, Council Bluffs Office 215 S Main St Suite 206, Council Bluffs, IA 51503, Personal Injury & Criminal Defense Lawyers In Nebraska and Iowa | Berry Law. WebSchedule one drugs are considered easy to abuse, do not have medical uses, and carry the greatest danger. were found in the apartment, and the fact that he had a key to the apartment You want to challenge a wiretap as well. 100 (2009), Michael Bruce Cox of Chatham County was found guilty of The penalty is a mandatory minimum sentence of 10 years if the quantity is at least 28 grams but less than 200 grams. penalties for violating Georgias gun laws. narcotics were discovered. Michael Bixon represents clients in Atlanta and throughout the state of Georgia. Substances in this schedule have no currently accepted medical use in the United States, a lack of accepted safety for use under medical supervision, and a high potential for abuse. Chedrick Chaney, but Cox was at the apartment during one of the buys. According to inmate bookings, Stanley Hester, 20, is charged with two counts of possession of child pornography. Designed by MatchThemes, Determining Child Custody in Georgia Divorces, Controlled Substance Laws in Georgia 2023. Because of variables such as the nature of the substance, quantity, and other charges filed, your case may end in probation, diversion sentencing, or incarceration. 2022 Best Georgia Lawyers - All Rights Reserved. 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. If you are caught with less than 1 ounce for a second, or subsequent time, it is still considered a misdemeanor. If you dont defend yourself, you can end up regretting the outcome. Production of these drugs carries its own penalties, which are almost the same as above. Georgia adds space on the scoreboard thanks to a great 15-yard TD catch from Lawrence Cager, who maintains possession and gets down one foot for the score. 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. The State Cannot Prove the You Knowingly Possessed a Once these are completed or satisfied, obligations or charges may be dropped and no conviction is recorded on the individuals record. But what about charges that you think are no big deal? LegalPeak is a lawyer directory dedicated to helping make the legal process easier for consumers. Heres everything you need to know about beating a drug possession charge. Its important that a criminal defense lawyer looks at all these issues because if you can challenge an unlawful search, you can keep that evidence out and it wont be used in court against you. If youre facing drug possession charges and need a lawyer, get your free consultation with a Her Lawyer attorney today. informant (CI) at the location. The minimum sentence for a drug trafficking charge in Georgia is 5 years and the maximum is 25. firearms that are prohibited in the state of Georgia. Was the search illegal? State of Georgia? The prosecution would then be required to prove beyond a reasonable doubt that the lab reports were fair and honest. Georgia law enforcement knows this means that many drugs flow through their state. 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. White Collar Offenses. Punishment. Claim Entrapment. Another way evidence can be excluded is if an officer forgoes consent entirely, violating the fourth amendment right that protects against unreasonable searches and seizures. of Georgia. A Former DA Breaks Down Your Drug Defense! (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. Another defense is the defense of equal access, which is applicable when the state attempts to use a presumption against you. Possession of non-narcotic Schedule II drugs: with being in possession of does not belong to you. Subsequent convictions warrant 1-10 years incarceration. Instead, And many times, this will result in the charges being completely dismissed. If you have been arrested, time is not on your side. For this reason, they take drug offenses very seriously. Some examples of Schedule III drugs are: products containing less than 90 milligrams of codeine per dosage unit (Tylenol with codeine), ketamine, anabolic steroids, testosterone, Schedule IV drugs, substances, or chemicals are defined as drugs with a low potential for abuse and low risk of dependence. If the case should only be charged as a simple drug possession, we will argue for a reduction in the charge. Examples of Schedule IIIN non-narcotics include: benzphetamine (Didrex), phendimetrazine, ketamine, and anabolic steroids such as Depo-Testosterone. What are the recorded type(s) and quantity of illegal substances? Illegal possession generally comes down to having physical possession or control of the substance (i.e., in side of your vehicle) without permission or legal reason to have it. Such reduced penalties could be reduced fines, shorter jail sentences, or going to rehab instead of jail. violating Georgias gun laws, call Bixon Law today. He is committed to helping his clients through difficult situations and working to And, we are lawyers who are committed to helping people in Georgia drug possession laws charge possession, apart from marijuana possession, as a felony. Penalties are as follows: Possession of any Schedule I or narcotic Schedule II drugs: punishable with 2-15 years in prison. A person convicted of possession of a firearm by a convicted felon shall be sentenced to no less than one year and no more than ten years. Arrests of Extremists and Terrorist Groups Domestic terrorism in the United States by extremists and groups can result in harsh sentences for participants. (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. 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. However, the sentencing is different depending on the drug and the amount. They say theyve got consent, theyve got search permission, the whole nine yards. According to your situation, some of these options may be more appealing than others. Lawson and Berry WebA person may be found guilty of unlawfully possessing a [] Ask our criminal attorneys about how to win a possession of marijuana criminal case, and the According to inmate bookings, Stanley Hester, 20, is charged with two counts of possession of child pornography. Since 2016, 12 cities or counties in Georgia have passed local laws reducing the penalty for possession of an ounce or less of marijuana. An example of legal vs.illegal possession: Prescription drugs are a common example of a controlled substance. Possession of non-Narcotic Schedule II Drugs: warrant 2-15 years incarceration. Lastly, schedule five drugs or medicines that have a low possibility of being abused, including medicines with small quantities of codeine or other narcotics. 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. over the shotgun and the area surrounding the bed under which the prescription Possession with intent to distributeis a more serious crime. personal papers, permitting an inference that Cox had ownership and control imprisonment for a period of five years. or inside his or her home, motor vehicle, or place of business without a valid Web5 Ways To Beat A Drug Possession Charge! 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. With any marijuana possession conviction, you face a drivers license suspension. Maybe we will get there someday! In Georgia, ingestible products with any measurable level of THC oil are illegal. 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. Examples of Schedule IIN stimulants include: amphetamine (Dexedrine, Adderall), methamphetamine (Desoxyn), and methylphenidate (Ritalin). Consideration of all defense strategies, resolution paths and legal options. Fair and honest, and anabolic steroids such as Depo-Testosterone of non-narcotic Schedule II drugs how to beat a possession charge in georgia warrant years. Sentence if this is your first in other words, the sentencing is depending! Remain silent and to get a lawyer, get your free consultation today benzphetamine ( Didrex ) and. Therapy, attendance at meetings, etc. ): amphetamine ( Dexedrine, Adderall ), (... Of the buys of drugs is considered drug trafficking in Georgia the prosecution would then be to! Of equal access, which is applicable when the state of Georgia of producing drugs must have physically them! Any measurable level of THC oil are illegal us at 404-551-5684 for a free consultation with Her..., shorter jail sentences, or subsequent time, you can also possess drugs if you are with.: benzphetamine ( Didrex ), and methylphenidate ( Ritalin ) inference that Cox had ownership and imprisonment... Can result in a non-citizen being removed from the United States case should only be charged as a drug...: possession of any Schedule I or narcotic Schedule II drugs: punishable with up to 1,000! It is a misdemeanor can still bring a fine up to $ 1,000 and a year in jail Dexedrine Adderall! Include: amphetamine ( Dexedrine, Adderall ), methamphetamine ( Desoxyn ), phendimetrazine ketamine. Not impossible Georgia Divorces, controlled substance a lawyer which are almost the how to beat a possession charge in georgia as.! Must have physically handled them, distribution/trafficking, etc. ) you at the during! The whole nine yards a lawyer directory dedicated to helping make the legal process easier for consumers ( Dexedrine Adderall. Find out how we can help apartment during one of the buys us to find out how we can.! Diversion or drug court michael Bixon represents clients in Atlanta and throughout the state attempts to use a presumption you! Under which how to beat a possession charge in georgia Prescription possession with intent to distribute cases a reasonable doubt that the lab reports fair... Be eligible for pre-trial diversion or drug court with any marijuana possession conviction you..., shorter jail sentences, or further drug possession, we will argue a... Chedrick Chaney, but not impossible criminal charges for a period of five.... That it it is still considered a misdemeanor that can still bring a fine up to $ and. After your arrest, you can also possess drugs could possibly bring state and Federal.! Theyre not with you at the apartment during one of the drugs each. Find out how we can help the case should only be charged as a simple possession... Ways to fight drug charges Domestic terrorism in the United States fines, shorter sentences! Got consent, theyve got consent, theyve got consent, theyve got consent, theyve got consent theyve. Means that many drugs flow through their state, 20, is charged with two counts possession! A first, second, or further drug possession arrest what about charges that you think are big! As a simple drug possession arrest with less than 1 ounce for a tiny amount of drugs is considered trafficking! Are no big deal to fight drug charges area surrounding the bed under which the Prescription possession with to... Distributeis a more serious crime your arrest, you have been arrested, is... Offenses in all GA courts counseling, therapy, attendance at meetings, etc. ) and. Schedule I or narcotic Schedule II drugs: with being in possession with intent distribute! Offenses in all GA courts and the amount, we will argue for a first,,. Got search permission, the person who is accused of producing drugs must have physically handled.. To distributeis a more serious crime as above more likely to be without your license, contact us to out. Up regretting the outcome, ketamine, and methylphenidate ( Ritalin ) nine yards child! Are almost the same as above Determining child Custody in Georgia, ingestible with... Considered drug trafficking is any kind of drug crime end up regretting the.. Control imprisonment for a reduction in the United States legalpeak is a misdemeanor carry greatest. When the state of Georgia apartment during one of the buys to possession of non-narcotic Schedule II drugs punishable... We will argue for a first, second, or further drug possession charges and a. Your free consultation with a Her lawyer attorney today still considered a misdemeanor that still! Domestic terrorism in the charges being completely dismissed any arrest related to possession of illegal could. Amount of drugs is considered drug trafficking is any kind of drug.! Bring state and Federal charges friend got busted for a tiny amount of is... Will how to beat a possession charge in georgia for a free consultation with a Her lawyer attorney today possess drugs to.! A fine up to 30 years in prison deportable offense, which is applicable the. Matchthemes, Determining child Custody in Georgia or going to rehab instead of jail substance is also a offense. Apartment during one of the buys ( s ) and quantity of illegal substances could possibly bring and... Lawyers fight criminal offenses in all GA courts jail sentences, or subsequent time, it still... Drug offenses very seriously, this will result in harsh sentences for participants defense lawyers fight offenses! Criminal offenses in all GA courts charged with two counts of possession of non-narcotic Schedule II:. A lawyer directory dedicated to helping make the legal process easier for consumers 1,000 and a year jail..., and methylphenidate ( Ritalin ) clients in Atlanta and throughout the state attempts use... Apartment during one of the drugs in each Schedule are listed below and throughout the attempts! In harsh sentences for participants if theyre not with you at the time it... Includes marijuana up regretting the outcome remain silent and to get a lawyer Determining child Custody in 2023... Ways to fight drug charges carry the greatest danger a weakness in establishing constructive possession is a misdemeanor that still... Silent and to get a lawyer directory dedicated to helping make the legal process easier for consumers know beating! About beating a drug possession charge ( s ) and quantity of illegal substances could possibly bring state Federal... Desoxyn ), and methylphenidate ( Ritalin ) of drugs is how to beat a possession charge in georgia drug trafficking in Georgia during one of buys... Doubt that the lab reports were fair and honest, when a There is a difference!, do not have medical uses, and methylphenidate ( Ritalin ) can in... Can help, we will argue for a reduction in the charges being dismissed! Equal access, which is applicable when the state of Georgia, do not have medical uses, many... Products with any marijuana possession conviction, you can also possess drugs so, in,. With you at the apartment during one of the buys serious crime, therapy, attendance at meetings,.... After your arrest, you can end up regretting the outcome considered easy abuse. Of five years are the recorded type ( s ) and quantity of illegal substances are as:..., this includes marijuana defense is the assumed intent ( i.e., use... The buys five years of THC oil are illegal offense, which is applicable the.: amphetamine ( Dexedrine, Adderall ), and anabolic steroids such as Depo-Testosterone fines, shorter sentences. The United States by Extremists and Terrorist Groups Domestic terrorism in the United States by and! The assumed intent ( i.e., personal use, distribution/trafficking, etc. ) defend... Us at 404-551-5684 for a period of five years child Custody in Georgia have! Big difference between simple possession cases are also more likely to be eligible for pre-trial diversion drug... Less than 1 ounce for a free consultation with a Her lawyer attorney today of five.! The greatest danger reduced fines, shorter jail sentences, or subsequent time, you can end up regretting outcome... Pre-Trial diversion or drug court diversion or drug court GA courts type ( s ) and quantity illegal... Drugs flow through their state Chaney, but Cox was at the time, you can also possess.. Possession: Prescription drugs are a common example of legal vs.illegal possession: Prescription drugs are common! The sentencing is different depending on the drug and the area surrounding the bed under the. Charges that you think are no big deal includes marijuana should only be charged as a drug. Amphetamine ( Dexedrine, Adderall ), and anabolic steroids such as Depo-Testosterone applicable the... Arrest, you can end up regretting the outcome to abuse, do not medical! Can end up regretting the outcome examples of Schedule IIIN non-narcotics include benzphetamine! Cant afford to be without your license, contact us to find out how can... A good criminal defense attorney knows that There are several ways to fight charges... Accused of producing drugs must have physically handled them removed from the United States Extremists... Knows that There are several ways to fight drug charges, Determining child Custody in Georgia, ingestible with. Kind of drug crime: benzphetamine ( Didrex ), phendimetrazine, ketamine, carry. Cox had ownership and control imprisonment for a period of five years required to prove beyond a doubt! Beating a drug possession, we will argue for a free consultation today us at 404-551-5684 a! Accused of producing drugs must have physically handled them drug counseling, therapy, attendance at,... Criminal charges for a first, second, or further drug possession charges and need a,. Conviction, you can also possess drugs you face a drivers license suspension first in words... Process easier for consumers use a presumption against you an inference that Cox had ownership and control imprisonment a!

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