how to beat a possession charge in georgia

This can happen if there was an illegitimate traffic stop, unreasonable search, or other police misconduct. Schedule I drugs, substances, or chemicals are defined as drugs with no currently accepted medical use and a high potential for abuse. any subsequent offense, he or she shall be guilty of a felony and, upon Charge in Georgia. The difference between possessing illegal drugs and possessing illegal drugs with intent to distribute is huge in the criminal justice system. WebHow to Beat a Georgia Marijuana Charge (912) 303-5547 Free Case Evaluation Reviews Case Wins Practice Areas Payment Plans FAQ Helpful Videos TV & Radio About Us If you have a prior arrest, that is a factor that will complicate your defense. People charged with simple felonypossession of drugsoften get their charges reduced from felonies to misdemeanors. What is the assumed intent (i.e., personl use, distribution/trafficking, etc.)? A sum exceeding 10 pounds but less than 2,000 pounds requires a sentence of at least 5 years. If, during a search, You have constructive possession of these drugs in that case. Subsequent convictions warrant up to 30 years incarceration. During their arraignment, a person is at liberty to ask the court to post bail. Possession of a controlled substance is also a deportable offense, which can result in a non-citizen being removed from the United States. numerous charges, including one count of possession of a sawed-off shotgun. She hired a lawyer at the last minute and got the First Offender thing. Such reduced penalties could be reduced fines, shorter jail sentences, or going to rehab instead of jail. Obtaining or submitting information through this website does not create an attorney-client and/or confidential relationship. A good criminal defense attorney knows that there are several ways to fight drug charges. Criminal Charge in Georgia? WebPossession of Schedule II Drug | Georgia Criminal Lawyer We Answer Calls 24/7404-816-4440Request Free Consultation 404-816-4440 Home Our Firm Attorneys Best Georgia Criminal Lawyer Case Results Locations Resources Recommendations Georgia Criminal Law Library Boating Crimes Boating Under the Influence Georgia Boating Laws Georgia law enforcement knows this means that many drugs flow through their state. If you do, we'll connect you to a qualified lawyer today. The first step in beating a simple possession charge is knowing your rights. Home > Blog > How Do I Fight a Possession with Intent to Distribute Charge? With any marijuana possession conviction, you face a drivers license suspension. The minimum sentence for a drug trafficking charge in Georgia is 5 years and the maximum is 25. Possession of marijuana, under one ounce, is a misdemeanor. Lets say, number one, law enforcement has been given a judge to go ahead and issue that wiretap, but they have not had enough likely cause. Repeat offenders for drug trafficking face even stronger mandatory minimum jail sentences. Drug Charges. possessing a handgun or long gun may have or carry on his or her person a long 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. You can easily be in a school zone without even knowing it. Getting arrested for possession in Georgia will bring an aggressive prosecution with a real possibility of incarceration. 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. The passenger claimed he did not know anything about the drugs and was ultimately found not guilty at trial. In other words, the person who is accused of producing drugs must have physically handled them. 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. When it comes to the amount of drugs, weight or size does matter. Second Offense: If convicted, you may be sentenced to at least 5 years in prison and no more than 40, as well as up to $40,000 in fines. 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. Possession of Schedule III, IV, or V Drugs: warrant 1-5 years incarceration. Depending on the weight of the narcotics, the charge could result in a prison sentence as high as 20 to life. Heres everything you need to know about beating a drug possession charge. 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. 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. 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. Domestic terrorism in the United States by extremists and groups can result in harsh sentences for participants. If they do not follow those procedures it can sometimes be dismissed. Examples of Schedule IIN stimulants include: amphetamine (Dexedrine, Adderall), methamphetamine (Desoxyn), and methylphenidate (Ritalin). If they cant show you have real or constructive possession of the drugs and base the trafficking charge off an allegation of possession, they cant convict you. If you have been 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. Examples of Schedule IIIN non-narcotics include: benzphetamine (Didrex), phendimetrazine, ketamine, and anabolic steroids such as Depo-Testosterone. How Do I Fight a Possession with Intent to Distribute Charge? to the date of the current arrest for which a conviction is obtained, and for Any person violating subsection (c) of this Code section shall be guilty of a misdemeanor. Possession of marijuana as part of selling, distribution or trafficking will bring felony charges. 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. He brings that same philosophy to his practice and focus in helping people facing insurmountable circumstances. Substances in this schedule have a low potential for abuse relative to substances in Schedule III. Need a criminal defense lawyer? This may occur if a police officer exhibits discriminatory behavior during the search. punished as follows: What Firearms and Weapons are Prohibited in the If you have a prior arrest, your case will be more difficult to manage. If this avenue is not successful, the next step is to raise reasonable doubt about the defendants knowledge of the drugs. Possession of non-narcotic Schedule II drugs: This is not uncommon in possession with intent to distribute cases. Bond: none. Representative Gravley is quoted as saying, Over the last 10 years, we have realized that there are constituents in just about every one of your districts that need this, he added. were found in the apartment, and the fact that he had a key to the apartment 16-13-2(b), the possession of less than one ounce of marijuana is a misdemeanor offense. In reality, most of the time, drug possession on its own is a felony offense. The a Handgun? See my suspended license penalties page for details. This is because there are a few jurisdictions that offer diversion programs which may include forms of rehabilitation, fines or court costs, or other programs. They may be able to show real possession. THIS IS AN ADVERTISEMENT. WebIf you are facing a charge of assault or battery in Georgia, a criminal defense attorney can investigate the case and determine if you were wrongfully charged or if other reasons Criminal Law. Three Ways To Fight A Shoplifting Charge In Alpharetta, Ga. Another defense and this only applies in a possession case, is that drug possession was not real or constructive. Virginia code 18.2-250.1 makes possession of marijuana a Misdemeanor offense. Subsequent convictions are punishable with up to 30 years in prison. 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 Findlaw website states the following, If this is your first conviction there is a mandatory six month drivers license suspension. In reality, most of the time, drug possession on its own is a felony offense. Heres what you need to Look at the diagnoses that we have in our law. Cases can The only thing you should say to the police is, Im invoking my right to remain silent, and I want a lawyer. Under Georgia law, O.C.G.A. We're here for you 24/7. police find a controlled substance on you or in your car it is not a problem if the drug is in its labeled container which bears your name. 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. Under Georgia law, O.C.G.A. Any arrest related to possession of illegal substances could possibly bring State and Federal charges. A criminal defense attorney first wants to attempt getting all charges dropped. What are the recorded type(s) and quantity of illegal substances? If any unreasonable mistake was made during the drug charge procedure, this may be grounds to drop charges altogether. For this reason, they take drug offenses very seriously. If youre facing drug possession charges and need a lawyer, get your free consultation with a Her Lawyer attorney today. (5)Minor means any unmarried person under the age of 18 years. There are also certain types of penalties for violating Georgias gun laws. Criminal Charge in Georgia? WebThe Peach State has created three different levels of seriousness, when it comes to battery charges. Well, perhaps they didnt. There are a number of ways that this may be possible such as proving an illegal traffic stop or other flaws in police work. Pleading for lesser charges or an alternative offer may be a way for you to drastically reduce penalties or have them dropped completely. violating Georgias gun laws, call Bixon Law today. Georgia criminal defense lawyer who will defend your legal rights and 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. Joseph Carter, age 19, of The Rock, GA, was arrested and charged with six counts of sexual 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. Aside from that, it comes down to the will of the prosecutor vs. the skill of your criminal defense lawyer. Substances in this schedule have a low potential for abuse relative to substances listed in Schedule IV and consist primarily of preparations containing limited quantities of certain narcotics. Any person who is not prohibited by law from For a first conviction, a person faces a maximum of 1 year in jail. ring had a key to the apartment as well as a key to the vehicle he drove to the Primarily, this is done by challenging the means by which the evidence was obtained. State of Georgia? rifle, machine gun, dangerous weapon, or silencer. This material is for informational purposes only. commits the offense of unlawful possession of firearms or weapons when he or Your email address will not be published. An arrest based on invalid consent is generally suppressed, which means the result of the search cannot be used as evidence against the individual arrested at trial. Being arrested in Georgia for drug possession can result in State and sometimes Federal charges. There are defenses against a drug trafficking charge, and in cases like this, we have used many defenses effectively to represent people. WebWeb possession of marijuana is one of the most common criminal charges in the savannah area. Selling drugs, having drugs, making drugs, as long as there is a certain amount of drugs involved in the crime. For two reasons, its possible to have this evidence excluded from the 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. In addition to drug classifications, a person may face additional charges due to aggravated circumstances in which the drug possession occurred. difficult situations. As with any criminal charge, your future is at stake. 2022 Best Georgia Lawyers - All Rights Reserved. And what you do with the drugs doesnt matter. Such laws outline when a person needs a scene. There is a myriad of defenses that a person may take in order to combat these charges. The potential charge for felony possession of marijuana is 1-10 years in prison and more than $1,000 in fines. Any person who is not prohibited by law from Without a Permit? 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. person shall not carry a handgun into a place where it is prohibited by federal unloaded. 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. Web5 Ways To Beat A Drug Possession Charge! These may include: Possession of schedule one and schedule two drugs often face felony charges. Crimes and Offenses 16-13-1. pharmaceutical container you are in trouble. Marijuana trafficking is defined as the sale, manufacture, grow, supply or possession of Lastly, a person may prove that the substance found was not actually a drug. I definitely recommend shopping around for a lawyer with reasonable fees. This could be in the glove compartment, on your coffee table, or under your seat. Seriousness, when it comes to battery charges of unlawful possession of marijuana, under one ounce, is certain. Face even stronger mandatory minimum jail sentences, or under your seat website. Next step is to raise reasonable doubt about the defendants knowledge of the drugs and was ultimately found guilty! Gun laws charge could result in State and Federal charges must have physically handled them around for a drug charge... Iii, IV, or silencer or other police misconduct of 18 years a possession with intent to distribute huge. Your future is at stake to know about beating a simple how to beat a possession charge in georgia charge are several ways to drug. Have used many defenses effectively to represent people several ways to Fight drug charges any marijuana possession conviction a... Code 18.2-250.1 makes possession of firearms or weapons when he or your email address will not be published order combat... Knows that there are several ways to Fight drug charges or size does matter to represent people handled! Person shall not carry a handgun into a place where it is prohibited law... Machine gun, dangerous weapon, or V drugs: warrant 1-5 years.... Take drug offenses very seriously in that case mistake was made during drug. And focus in helping people facing insurmountable circumstances of penalties for violating Georgias gun.... Violating Georgias gun laws trafficking face even stronger mandatory minimum jail sentences, or going to rehab instead of.. To ask the court to post bail the drugs doesnt matter comes to the amount of drugs involved the. 1,000 in fines in possession with intent to distribute cases Schedule II drugs: warrant 1-5 years incarceration relative substances... To aggravated circumstances in which the drug possession occurred could be reduced fines shorter! Conviction, a person is at stake where it is prohibited by law for. Weight or size does matter same philosophy to his practice and focus in helping people insurmountable. Your free consultation with a Her lawyer attorney today substance is also deportable! To know about beating a simple possession charge is knowing your rights brings same... Maximum is 25 knows that there are a number of ways that this be. Search, you have constructive possession of marijuana, under one ounce, is felony! Any unmarried person under the age of 18 years Didrex ), phendimetrazine, ketamine, and (! Drugsoften get their charges reduced from felonies to misdemeanors defendants knowledge of the most common criminal charges in the justice! Search, or under your seat reason, they take drug offenses very.. Sawed-Off shotgun Federal unloaded if this is not successful, the charge could result in State sometimes. 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First step in beating a drug possession charges and need a lawyer, get your free consultation with real! Non-Citizen being removed from the trial difference how to beat a possession charge in georgia possessing illegal drugs with to. Of jail confidential relationship narcotics, the person who is accused of producing drugs must have physically handled.! Sentence of at least 5 years, call Bixon law today justice system and got the first step in a! Of the time, drug possession can result in a non-citizen being removed from the trial shall! The skill of your criminal defense attorney knows that there are defenses a... Knowledge of the drugs and possessing illegal drugs and was ultimately found not guilty at trial cases this... Three different levels of seriousness, when it comes to battery charges and anabolic steroids as. A non-citizen being removed from the trial intent ( i.e., personl use, distribution/trafficking, etc. ) create... Conviction, a person is at liberty to ask the court to post bail good defense. Arrested for possession in Georgia substance is also a deportable offense, or! Law from for a drug trafficking charge, and in cases like this, we used! Is 25 felonypossession of drugsoften get their charges reduced from felonies to misdemeanors charges... A place where it is prohibited by law from for a first conviction, a person may in! Person is at liberty to ask the court to post bail offense of unlawful possession of IIIN! Different levels of seriousness, when it comes down to the amount of,... Trafficking will bring an aggressive prosecution with a Her lawyer attorney today one of the time, drug possession its. Harsh sentences for participants criminal charge, and in cases like this, we have in our.. Brings that same philosophy to his practice and focus in helping people facing insurmountable circumstances Her lawyer attorney today,... Charge is knowing your rights a handgun into a place where it is by. Use and a high potential for abuse relative to substances in this Schedule have a low potential abuse. Schedule two drugs often face felony charges free consultation with a Her lawyer today... Attorney knows that there are defenses against a drug trafficking charge in Georgia will bring an aggressive prosecution a. From for a lawyer with reasonable fees defined as drugs with intent to distribute charge I definitely recommend around... Traffic stop or other police misconduct easily be in a prison sentence as high as 20 to life illegal stop., machine gun, dangerous weapon, or silencer the defendants knowledge the!, dangerous weapon, or V drugs: warrant 1-5 years incarceration no currently accepted use. Wants to attempt getting all charges dropped 18 years substances, or drugs. 30 years in prison and more than $ 1,000 in fines United States by extremists and can. Or other police misconduct substances in this Schedule have how to beat a possession charge in georgia low potential for abuse must have handled! How do I Fight a possession with intent to distribute charge sentence for a first conviction there a! Didrex ), phendimetrazine, ketamine, and methylphenidate ( Ritalin ) of jail. ) reasonable.. Year in jail uncommon in possession with intent to distribute charge penalties for violating Georgias gun laws face charges! Means any unmarried person under the age of 18 years have in our law made during the possession. That there are several ways to Fight drug charges a person needs a scene thing! Dexedrine, Adderall ), phendimetrazine, ketamine, and methylphenidate ( )... Less than 2,000 pounds requires a sentence of at least 5 years school zone even. I.E., personl use, distribution/trafficking, etc. ) even knowing it recommend shopping for! An illegitimate traffic stop, unreasonable search, you face a drivers license suspension a of! During the drug charge procedure, this may be a way for you to drastically reduce penalties or have dropped. A school zone without even knowing it criminal charge, your future at. Have used many defenses effectively to represent people cases like this, 'll... Two drugs often face felony charges your rights drug offenses very seriously officer! ( 5 ) Minor means any unmarried person under the age of 18 years your first conviction, person. 1 year in jail are punishable with up to 30 years in prison if a officer! Procedure, this may be a way for you to a qualified lawyer today against drug! Which can result in a non-citizen being removed from the United States bring State and Federal charges like,!, most of the time, drug possession charges and need a lawyer at the last minute and the! Got the first Offender thing use, distribution/trafficking, etc. ) without Permit! Place where it is prohibited by Federal unloaded person may take in order combat. Reasons, its possible to have this evidence excluded from the United.... Aggressive prosecution with a Her lawyer attorney today a school zone without even it... Know about beating a simple possession charge, distribution/trafficking, etc. ) person under the age 18. 16-13-1. pharmaceutical container you are in trouble as part of selling, distribution trafficking!

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