Police later received a call from the drug dealer attempting to set up another deal and police promptly arrested both her and the passenger. You need to hire a criminal defense attorney as soon as possible and be totally honest with them. We invite you to call us at 404-551-5684 for a free consultation today. But even if theyre not with you at the time, you can also possess drugs. 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. This criminal charge is commonly referred to as Minor in Possession or MIP. There is a minimum sentence of 25 years with more than 400 grams of cocaine. In fact, in Georgia, those convicted of drug possession can lose their drivers license and all driving privileges. apartment based on two controlled buys of narcotics made by a confidential Dont assume that every county thinks a little pot is no big deal. Related: Drug/Alcohol-Related Sexual Assault. In Georgia, arrests for illegal drug possession are prosecuted as felony crimes. This means that though the drugs were in a persons possession, the drugs were not actually theirs. Search for a Georgia criminal defense lawyer. Obviously, the first option to explore is whether or not the case can be dropped. Domestic terrorism in the United States by extremists and groups can result in harsh sentences for participants. Cases can Legal advice must be tailored to the specific circumstances of each case, and the contents of this page is not a substitute for legal counsel. 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. A criminal record will almost certainly impair your chances for success in life. law. The minimum sentence for a drug trafficking charge in Georgia is 5 years and the maximum is 25. These include marijuana, LSD, GHB, and heroin. Schedule two drugs do possess some medical uses and include prescription medicines such as oxycodone, morphine, opium, methamphetamine, and cocaine. 16-11-123, a person 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. The first element is that the government must demonstrate that the person knowingly sold, delivered, produced, or possessed a certain amount of drugs. State of Georgia? They say theyve got consent, theyve got search permission, the whole nine yards. If you have any previous drug possession convictions, that will increase the length of your drivers license suspension. If somebody is charged with drug possession, serious consequences may follow including jail time, probation, drug screens, fines, marks on permanent records, and more. If a person refuses to allow a police officer to search knowing they will not be arrested for doing so, and the police officer continues to search, the evidence will not be accepted as valid. What are the recorded type(s) and quantity of illegal substances? If the substance is in its proper container, but your name is not on the label, you need to have a valid reason to have it to avoid arrest and prosecution. 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. 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. Any person violating subsection (c) of this Code section shall be guilty of a misdemeanor. Prohibited Weapon: A possible defense against a charge of being in 16-13-30(j) and 16-13-31(c). There are a number of ways that this may be possible such as proving an illegal traffic stop or other flaws in police work. 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. 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. 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. Anybody with a drug charge in Georgia needs to take it seriously and hire a good lawyer. The State Cannot Prove the You Knowingly Possessed a (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. 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. Possession of Schedule III, IV, or V Drugs: warrant 1-5 years incarceration. If the violation is clearly bogus, any evidence found should be suppressed. Iowa Police Interrogations | Miranda Rights | Case Study, Domestic Abuse Protection Orders in Omaha. The State Cannot Prove the You Knowingly Possessed a Prohibited Weapon: A possible defense against a charge of being in possession of a prohibited Lets say youre back at the house with a kilo of cocaine and driving somewhere else in the city. For a free legal consultation, call 402-466-8444. 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. WebSchedule one drugs are considered easy to abuse, do not have medical uses, and carry the greatest danger. Possession of over an ounce is a felony punishable by a minimum of one year and maximum of 10 years imprisonment. Effective and active communication to make sure that you understand all the possible consequences of a drug trafficking conviction and communicate possible decisions about your case. A possible defense that is often challenging to prove is claiming that a police officer planted a drug on a person while searching. 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. To be charged with trafficking, you dont have to sell drugs or transport drugs. WebFelony possession of Marijuana (more than one ounce) If you are caught in possession of marijuana and it weighs more than one ounce, you are facing serious felony charges. to check the shotgun for ammunition, Cox told them that the weapon was 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. 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. Examples of Schedule IIIN non-narcotics include: benzphetamine (Didrex), phendimetrazine, ketamine, and anabolic steroids such as Depo-Testosterone. Under Georgia law, O.C.G.A. Are your charges misdemeanor charges or felony charges? Sale of any Schedule III, IV or V Controlled Substance is a felony punishable by one to ten years in prison, depending on quantity. Lawson and Berry If you have a controlled substance on you or in your car and it is not in its properly labeled They may be able to show real possession. Services are not available in all states. weapons carry license. Such laws outline when a person needs a possession of a prohibited firearm in Georgia is to present evidence to prove The exact wording of the law can be found on the FindLaw website, and is as follows:1. over the shotgun and the area surrounding the bed under which the prescription Please call (888) 205-9314. Copyright 2022 - BestGeorgiaLawyers.com. Those who are charged with drug possession are first apprehended by law enforcement. Possession charges within a school zone carry much harsher sentences. For this reason, they take drug offenses very seriously. These may include: Possession of schedule one and schedule two drugs often face felony charges. A minimum sentence of 7 years is required for an amount between 2,000 but less than 10,000 pounds. Call us to talk about your case today. person who is not prohibited by law from possessing a handgun or long gun may 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. If you or a loved one would like to learn more about Beat a Drug Possession Charge, get your free consultation with one of our most qualified attorneys today! 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. A good criminal defense attorney knows that there are several ways to fight drug charges. 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. We're here for you 24/7. located in such parks, historic sites, and recreational areas, in wildlife Georgia criminal defense lawyer who will defend your legal rights and Was the search illegal? This includes those who manufacture, transport, deliver, and sell to the end user. If you drive the car and the drugs are sitting next to you, these drugs are actually in your possession. person with a valid weapons carry license may carry a weapon in all parks, The State of Georgia is slowly advancing legislation to legalize more THC products for medicinal purposes. Repeat offenders for drug trafficking face even stronger mandatory minimum jail sentences. Are you facing a Criminal Law charge? If this is a first misdemeanor marijuana possession, we can fight for a conditional discharge, or diversion. imprisonment for a period of five years. 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. Contact our attorneys for a free legal case evaluation on any criminal charge by calling: Copyright 2023 Get Lawyer Leads, Inc. Consideration of all defense strategies, resolution paths and legal options. If this avenue is not successful, the next step is to raise reasonable doubt about the defendants knowledge of the drugs. This may occur if a police officer exhibits discriminatory behavior during the search. 16-13-2(b), the possession of less than one ounce of marijuana is a misdemeanor offense. Possession of non-Narcotic Schedule II Drugs: warrant 2-15 years incarceration. 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 Drug Charges. WebCriminal Charge in Georgia? In reality, most of the time, drug possession on its own is a felony offense. have or carry on his or her person a weapon or long gun on his or her property There are two basic elements in the case of drug trafficking. Ask our criminal attorneys about how to win a possession of marijuana criminal case, and the handgun or long gun without a valid weapons carry license while hunting, Georgia Case Law on Possession of a Sawed-Off Shotgun. Depending on the circumstances of your arrest, and the attitude of the prosecutors office, things could get ramped-up and aggressively pursued in a trial. According to inmate bookings, Stanley Hester, 20, is charged with two counts of possession of child pornography. one possible defense is to provide evidence that the weapon you are charged Certain controlled substance cases may bring additional federal drug charges. The prosecution would then be required to prove beyond a reasonable doubt that the lab reports were fair and honest. Possession of marijuana as part of selling, distribution or trafficking will bring felony charges. If you are under investigation, or have been arrested, for charges related to marijuana, controlled substances, or narcotics you need to contact a drug charges defense lawyer. How to Beat a Possession Charge in Georgia The results in a criminal case depend on the circumstances and specifics of the case. WebIf you do not have a license and are caught in possession of a pistol or revolver, you could be charged with carrying a pistol without a license. Learn how the government views domestic terrorism including groups on a terrorist watch list. Possession of non-narcotic Schedule II drugs: 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. How to beat a gun charge in georgia. historic sites, or recreational areas, including all publicly owned buildings For example, if you were not read your Miranda Rights, then this may be grounds to argue that your rights were violated, therefore leading to a dropped charge. An updated and complete list of the schedules is published annually in Title 21 Code of Federal Regulations (C.F.R.) There are also certain types of 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. Another defense and this only applies in a possession case, is that drug possession was not real or constructive. What are the recorded type(s) and quantity of illegal substances? After conversations with the accused, an attorney can contact the prosecutors office to discuss the case. Related: Prosecution of Women for Drug-Related Offenses. Your email address will not be published. Criminal Law. Selling drugs, having drugs, making drugs, as long as there is a certain amount of drugs involved in the crime. Possession of more than one ounce is a felony, punishable by a term of incarceration of between 1 and 10 years. 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. Punishment. firearms that are prohibited in the state of Georgia. The Georgia laws on controlled substances can be found in Georgia Code Title 16. Georgia is the gateway between Florida and the entire East coast. Again, the sentencing court may use its discretion to depart from a mandatory sentence if the defendant was not a leader in the drug operation if the defendant did not have a weapon if the criminal behavior did not result in death or serious physical injury, if the defendant had no prior offense and if the defendant did not apply the mandatory minimum sentence lastly. 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. Call 404-975-0459 or toll free at 877-650-0825. WebA person may be found guilty of unlawfully possessing a [] These include marijuana, LSD, GHB, and heroin. Penalty 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. 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. Subsequent convictions warrant 5-30 years incarceration. 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. 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. A good criminal defense attorney knows that there are several ways to fightdrug charges. Designed by MatchThemes, Determining Child Custody in Georgia Divorces, Controlled Substance Laws in Georgia 2023. 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. Yes. WebFirst, the District Attorney can file a motion asking the sentencing court to reduce or suspend a sentence if the defendant provides substantial assistance in the identification, arrest, or conviction of any other individuals involved in the drug operation. penalties for violating Georgias gun laws. If any unreasonable mistake was made during the drug charge procedure, this may be grounds to drop charges altogether. 16-11-131 was tantamount to a directed verdict, requiring reversal. contact our Atlanta felony gun possession charges. How to Beat a Possession Charge in Georgia The potential outcome for any criminal case depends largely on the facts of the case, the attitude of the prosecutor, Additionally, the fact that Coxs personal papers If the case should only be charged as a simple drug possession, we will argue for a reduction in the charge. 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. Because a trafficking case involves a larger amount of drugs, drug trafficking charges can carry severe mandatory minimum jail sentences that usually increase with the number of drugs. Georgia drug possession laws charge possession, apart from marijuana possession, as a felony. Possession Laws in Virginia. scene. 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. This is a free matching service only, claim reviews will be performed by a third party attorney. Web2. Charge in Georgia. Are your charges misdemeanor charges or felony charges? 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. 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. For the first offense, he or she shall be guilty The law requires a minimum sentence of 15 years for quantities of at least 200 grams but less than 400 grams. Marijuana trafficking is defined as the sale, manufacture, grow, supply or possession of The severity of the suspension of driving privileges varies. With adequate time to intervene and prepare, and a good command of the facts, they can mitigate the severity of consequnces. (d)No person shall be guilty of violating subsection (b) of this Code section if: (1)The person had reasonable cause to believe that the minor involved was 18 years of age or older because the minor exhibited to such person a drivers license, birth certificate, or other official or apparently official document purporting to establish that the minor was 18 years of age or older; (2)The person made an honest mistake in believing that the minor was 18 years of age or over after making a reasonable bona fide attempt to ascertain the true age of the minor; (3)The person was the parent or guardian of the minor; or. What this means is the judge will order you to carry out a probation term. Subsequent convictions are punishable with up to 30 years in prison. 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. You need Michael Bixon representing your rights. You need Michael Bixon representing your rights. As mentioned before, if a person is arrested for drug possession charges, it is important to remain calm and not provide any extra information outside of identification such as name and age. An example of legal vs.illegal possession: Prescription drugs are a common example of a controlled substance. A judge can say that there was not enough evidence, so the wiretaps can be excluded. Prosecution has to prove that you were knowingly in possession of marijuana to convict you of the marijuana charge. It does not create an attorney-client relationship between the Firm and the reader, and does not constitute legal advice. The statute on a wiretap is very specific about what law enforcement should do once they have these records. know. This could be in the glove compartment, on your coffee table, or under your seat. 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. You have constructive possession of these drugs in that case. violating Georgias gun laws, call Bixon Law today. 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. 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. The only thing you should say to the police is, Im invoking my right to remain silent, and I want a lawyer. This field is for validation purposes and should be left unchanged. she knowingly has in his or her possession any sawed-off shotgun, sawed-off 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 Drug possession is the willful possession of illegal substances, such as marijuana, cocaine, methamphetamine, heroin, ecstasy, etc. 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. case depending on the facts and circumstances involved. 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? 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. appeal, he argued that there was insufficient evidence to support the guilty This includes any steps taken to make illegal narcotics However, criminal defense attorneys often fight the government about whether the dog was adequately trained or whether the dog clearly indicated to the odor of narcotics in the vehicle. Heres what you need to 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. Substances in this schedule have a low potential for abuse relative to substances in Schedule III. (4)Knowingly means having general knowledge that a machine, instrument, tool, item of equipment, contrivance, or device is a drug related object or having reasonable grounds to believe that any such object is or may, to an average person, appear to be a drug related object. The results in a criminal case depend on the circumstances and specifics of the case. What Constitutes a Charge for Illegal Substances? And what if they go to a house without a warrant? Beating a drug possession charge can be quite difficult, but not impossible. rifle, machine gun, dangerous weapon, or silencer. 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. verdicts against him. What Constitutes a Charge for Illegal Substances? Heres everything you need to know about beating a drug possession charge. Per the website operated by the Drug enforcement Agency (DEA), Drug Schedules. She found out she was probably going to jail for awhile. Ulcerative colitis? numerous charges, including one count of possession of a sawed-off shotgun. Based on the aforementioned drug classifications as well as the number of drugs and other factors, the charge a person faces for drug possession will either be a misdemeanor or felony. 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. Cocaine Bear is a sensationalized version of a true story. hunting or fishing license, who is engaged in legal hunting, fishing, or sport How do I pick a Criminal Defense Lawyer for a Drug Trafficking case? Save my name, email, and website in this browser for the next time I comment. with a barrel shorter than 18 inches. For these reasons, you cant afford to fool around with a marijuana possession charge in Georgia. He is committed to helping his clients through difficult situations and working to Are criminal charges for a first, second, or further drug possession arrest? A conviction, whether it is diversion, plea deal or jury trial, will leave you with a criminal record. Lawyers should get together and fight for marijuana to be legalized for personal use. A sum exceeding 10 pounds but less than 2,000 pounds requires a sentence of at least 5 years. 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. The solution for a lot of overcrowded prisons is simple. WebSome marijuana possession cases can be dismissed, or changed to another less impactful local or state offense. 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. If you do, we'll connect you to a qualified lawyer today. Save my name, email, and website in this browser for the next time I comment. Anyone who Burglary laws in Georgia are usually prosecuted as felony charges, Depending on the type of burglary punishments include prison and fines. 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. 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. There are some exceptions for possessions of small amounts of marijuana. Criminal defense attorneys will challenge the validity of the search. In Georgia, ingestible products with any measurable level of THC oil are illegal. What is the Difference Between OWI and DUI? Aside from that, it comes down to the will of the prosecutor vs. the skill of your criminal defense lawyer. See my suspended license penalties page for details. WebBy successfully completing the terms and requirements of the diversion program, the marijuana possession charges may be dismissed.
