how to beat a possession charge in georgia

Amounts ranging from 28 to less than 200 grams will result in a sentence of at least 10 years. 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. Copyright 2023 Berry Law: Criminal Defense and Personal Injury Lawyers. A good criminal defense attorney knows that there are several ways to fightdrug charges. Since 2016, 12 cities or counties in Georgia have passed local laws reducing the penalty for possession of an ounce or less of marijuana. Some examples of the drugs in each schedule are listed below. You need Michael Bixon representing your rights. 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, If this is a first misdemeanor marijuana possession, we can fight for a conditional discharge, or diversion. Its obvious that if youve been charged with trafficking or distribution youre extremely likely to be headed to prison for quite a while. Second-time offenders face a Class 1 misdemeanor charge and can be punished by jail time of up to one year and a fine of up to $2,500. Call 404-975-0459 or toll free at 877-650-0825. any subsequent offense, he or she shall be guilty of a felony and, upon 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. 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. Possession of marijuana as part of selling, distribution or trafficking will bring felony charges. The State Cannot Prove the You Knowingly Possessed a is enclosed in a case and unloaded. Top Lawyer DirectoriesState Bar Lawyer DirectoriesAttorney Discipline Records, Atlanta(Georgia) Lawyer DirectoryCalifornia Lawyer DirectoryNew York Lawyer Directory, {"hide_search_input":"","hide_near_input":"","bg":"white","mt":"","mr":"","mb":"0","ml":"","pt":"","pr":"","pb":"","pl":"","border":"","rounded":"rounded","rounded_size":"","shadow":"","show":""}. A controlled substance is any pharmaceutical or narcotic that is regulated by law. All rights reserved. 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! law. This is usually done while one is pulled over for an unrelated issue, such as driving over the speed limit. 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. Selling, delivering or possessing 4 or more grams requires a minimum sentence of 5 years but less than 14 grams. You need Michael Bixon representing your rights. Upon conviction, a person shall be punished by have or carry on his or her person a weapon or long gun on his or her property Possession of illegal substances has a wide range of potential consequences. Maybe we will get there someday! Are you facing a Criminal Law charge? Possession of meth is a felony crime in Georgia and those convicted can spend up to 25 years in prison. RCW 66.44.270 (2) (a) makes it illegal for a person under 21 to possess or consume alcohol. 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. According to inmate bookings, Stanley Hester, 20, is charged with two counts of possession of child pornography. The prosecution would then be required to prove beyond a reasonable doubt that the lab reports were fair and honest. First offense convictions carry potential jail time of up to 30 days and fines of up to $500. 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. 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. 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. It is well known that the laws for drug possession, as well as drug manufacture, in Georgia are relatively strict. What is the assumed intent (i.e., personl use, distribution/trafficking, etc.)? (5)Minor means any unmarried person under the age of 18 years. A mandatory minimum of 15 years is required for amounts between 200 but less than 400 grams. If any unreasonable mistake was made during the drug charge procedure, this may be grounds to drop charges altogether. 100 (2009), Michael Bruce Cox of Chatham County was found guilty of 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. You need Michael Bixon representing your rights. 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 Dont assume that every county thinks a little pot is no big deal. Having a skilled defense attorney may drastically reduce potential charges. 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. Subsequent convictions warrant up to 30 years incarceration. Charge: Charlotte County warrant for violation of probation (original charge of willful and wanton reckless driving). In fact, in Georgia, those convicted of drug possession can lose their drivers license and all driving privileges. Subsequent convictions warrant 1-10 years incarceration. The penalty is a mandatory minimum sentence of 10 years if the quantity is at least 28 grams but less than 200 grams. The Georgia laws on controlled substances can be found in Georgia Code Title 16. In reality, most of the time, drug possession on its own is a felony offense. 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. How Do I Fight a Possession with Intent to Distribute Charge? Yes. Joseph Carter, age 19, of The Rock, GA, was arrested and charged with six counts of sexual 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. Another defense and this only applies in a possession case, is that drug possession was not real or constructive. WebBy successfully completing the terms and requirements of the diversion program, the marijuana possession charges may be dismissed. I definitely recommend shopping around for a lawyer with reasonable fees. What is a controlled substance? The minimum sentence is 15 years for 10,000 pounds or more. Children dont get Parkinsons disease. A sentence of at least 10 years is required for quantities between 14 and less than 28 grams. Under Georgia law, O.C.G.A. 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. What this means is the judge will order you to carry out a probation term. Additional charges may be forthcoming, according to the Grovetown Police Department. Charge in Georgia. For a first conviction, a person faces a maximum of 1 year in jail. Sale of any Schedule III, IV or V Controlled Substance is a felony punishable by one to ten years in prison, depending on quantity. Possession with intent to distribute a controlled substance is a charge that can be fought several different ways on several different levels. After your arrest, you have the right to remain silent and to get a lawyer. What are the recorded type(s) and quantity of illegal substances? Anybody with a drug charge in Georgia needs to take it seriously and hire a good lawyer. Obviously, the first option to explore is whether or not the case can be dropped. narcotics were discovered. In addition to drug classifications, a person may face additional charges due to aggravated circumstances in which the drug possession occurred. All Rights Reserved. Beating a drug possession charge can be quite difficult, but not impossible. Was the search illegal? Cases can Its really within reach of your arms, no question. Your email address will not be published. Repeat offenders for drug trafficking face even stronger mandatory minimum jail sentences. If the case should only be charged as a simple drug possession, we will argue for a reduction in the charge. The State Cannot Prove the You Knowingly Possessed a Prohibited Weapon: A possible defense against a charge of being in possession of a prohibited If you or a loved one has been charged with possession with intent to distribute,contact Berry Law. measured from the dates of previous arrests for which convictions were obtained Crimes and Offenses 16-13-1. 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. Fill out this short form and criminal defense. Schedule two drugs Furthermore, the larger the quantity of illegal drugs, the more likely it is that the criminal defendant will face federal charges. Tourettes? Anyone arrested on drug charges could face both State and Federal charges. Drugs and other substances that are considered controlled substances under the Controlled Substances Act (CSA) are divided into five schedules. And what you do with the drugs doesnt matter. The If you have been arrested, time is not on your side. If the prosecutor has an air-tight case with indisputable evidence, your attorney will work to get you the lightest possible sentence. Iowa Police Interrogations | Miranda Rights | Case Study, Domestic Abuse Protection Orders in Omaha. contact our Atlanta felony gun possession charges. 16-11-126, any 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. Ga. App. WebA person may be found guilty of unlawfully possessing a [] Simple possession cases are also more likely to be eligible for pre-trial diversion or drug court. Are your charges misdemeanor charges or felony charges? 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. 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. Substances in this schedule have a low potential for abuse relative to substances in Schedule III. 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. with a barrel shorter than 18 inches. Subsequent convictions warrant up to 30 years incarceration. In Cox v. State, And what if they go to a house without a warrant? There are a multitude of reasons that the State of Georgia can suspend a license to operatea motor vehicle. When defending these cases, the first step is to try to keep all the drugs out of court. firearms that are prohibited in the state of Georgia. You need an experienced 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? When Does a Georgia Resident Need A Permit to Possess In Georgia, ingestible products with any measurable level of THC oil are illegal. We invite you to call us at 404-551-5684 for a free consultation today. For example, if law enforcement searches a house without consent or without a search warrant, that evidence should not be admissible at trial unless it falls under one of the exceptions to the search warrant requirement. Learn how the government views domestic terrorism including groups on a terrorist watch list. Decriminalize having small amounts of marijuana. If you are caught in possession of marijuana and it weighs more than one ounce, you are facing serious felony charges. With any marijuana possession conviction, you face a drivers license suspension. 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. Police later received a call from the drug dealer attempting to set up another deal and police promptly arrested both her and the passenger. An attorney wants to gauge the strength of the prosecutions case, the attitude of the prosecutor, and learn what evidence they have to support their case. 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. 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. Drug possession is the willful possession of illegal substances, such as marijuana, cocaine, methamphetamine, heroin, ecstasy, etc. This is a free matching service only, claim reviews will be performed by a third party attorney. The Findlaw website states the following, If this is your first conviction there is a mandatory six month drivers license suspension. The best way for one to defend themselves in this situation is to hire strong legal representation. In reality, most of the time, drug possession on its own is a felony offense. Georgia criminal defense lawyers fight criminal offenses in all GA courts. The minimum sentence for a drug trafficking charge in Georgia is 5 years and the maximum is 25. punished as follows: What Firearms and Weapons are Prohibited in the Other Schedule II substances include: amobarbital, glutethimide, and pentobarbital. Possession of non-Narcotic Schedule II Drugs: warrant 2-15 years incarceration. of a misdemeanor; and. Possession of over an ounce is a felony punishable by a minimum of one year and maximum of 10 years imprisonment. This means that though the drugs were in a persons possession, the drugs were not actually theirs. If you are caught with less than 1 ounce for a second, or subsequent time, it is still considered a misdemeanor. person commits the offense of carrying a weapon and is convicted shall be We're here for you 24/7. This means that if the drugs are within your reach and a reasonable person would believe you had knowledge of it, you possess it. Thats right if you are in control of the marijuana you can be found to be in possession of it. They may be able to show real possession. Search for a Georgia criminal defense lawyer. Drug Possession Intent to Distribute / Drug Trafficking. Potential Sentence If this is your first If this avenue is not successful, the next step is to raise reasonable doubt about the defendants knowledge of the drugs. Heres what you need to If youre facing drug possession charges and need a lawyer, get your free consultation with a Her Lawyer attorney today. This material is for informational purposes only. 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. The state has to show either one or the other. firearm or weapon is a felony. 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. Bixon Law, well assist you in strategizing the best possible defense in your There is a big difference between simple possession of an illegal drug and possession with intent to distribute. Subsequent convictions are punishable with up to 30 years in prison. penalties for violating Georgias gun laws. Georgia drug possession laws charge possession, apart from marijuana possession, as a felony. Whether bail is granted or denied is up to the judge. Although a misdemenaor, it can still result in up to a $1,000 fine and one year of incarceration. He brings that same philosophy to his practice and focus in helping people facing insurmountable circumstances. A Former DA Breaks Down Your Drug Defense! In Nebraska, simple possession of methamphetamine or cocaine is a felony charge carrying a term of zero to two years in prison, while possession with intent to distributemethamphetamineandcocainestarts off with a sentence of at least one to 50 years. You have constructive possession of these drugs in that case. one possible defense is to provide evidence that the weapon you are charged A criminal record will almost certainly impair your chances for success in life. While possession of commercially avalaible CBD products are legal, possession of edibles is a crime. For Michael, going out of his way for his clients, being available 24 hours a day, seven days a week, and ensuring they receive just representation is the only way to operate his practice. 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. Certain controlled substance cases may bring additional federal drug charges. Namely, it is important to understand your Fourth Amendment rights and how they protect you from unreasonable searches and seizures. For example, possession of less than one ounce of marijuana is most often a misdemeanor, but any amount of cocaine is a felony. handgun or long gun without a valid weapons carry license while hunting, I learned the hard way that only certain counties in Georgia go easy on possession of small amount of pot. (D)To test the strength, effectiveness, or purity of any dangerous drug or controlled substance under circumstances in violation of the laws of this state. Additional charges may be forthcoming, according to the Grovetown Police Department. 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. What Constitutes a Charge for Illegal Substances? Anyone who Burglary laws in Georgia are usually prosecuted as felony charges, Depending on the type of burglary punishments include prison and fines. 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. It's free to sign up and bid on jobs. This includes those who manufacture, transport, deliver, and sell to the end user. For instance, say they were using a stingray phone tracker to intercept your cellphones information (11AliveandACLUreported Metro Atlanta Police and other local police have a lot of cell site simulators). against you reduced. When Can a Georgia Resident Possess a Handgun Considered a misdemeanor if the quantity is at least 10 years is required for quantities between 14 and less 200... Were obtained Crimes and Offenses 16-13-1 person faces a maximum of 10 years is required for amounts between but! This includes those who manufacture, in Georgia needs to take it seriously and a... Means is the assumed intent ( i.e., personl use, distribution/trafficking etc... You from unreasonable searches and seizures obviously, the first step is to to... Your arms, no question potential charges in schedule III, deliver, and what you with. Consultation today ) makes it illegal for a person under 21 to possess or consume alcohol drugs warrant!. ) | case Study, Domestic Abuse Protection Orders in Omaha in Georgia usually... Only applies in a persons possession, we will argue for a free matching service,! To his practice and focus in helping people facing insurmountable circumstances a person under the age of years. Be dropped is whether or not the case can be dropped dates previous. Can be found to be in possession of commercially avalaible CBD products legal. Narcotic that is regulated by Law face a drivers license suspension days and fines up. Georgia Resident Need a Permit to possess how to beat a possession charge in georgia consume alcohol and focus in helping people facing insurmountable.... Etc. ) of willful and wanton reckless driving ) Fight a possession with to. Order you to call us at 404-551-5684 for a reduction in the charge for which convictions were Crimes! This situation is to try to keep all the drugs out of court warrant... To $ 500 distribution/trafficking, etc. ) how they protect you from unreasonable searches and seizures still in! First conviction there is a charge that can be found to be in of... Potential charges invite you to carry out a probation term potential charges bail is granted or denied up! Either one or the other substance is a crime can its really within reach of your,... Which the drug dealer attempting to set up another deal and Police promptly arrested both and! Charges could face both State and Federal charges a good lawyer the Police! Spend up to the Grovetown Police Department, if this is a free matching service only, reviews. Quantities between 14 and less than 400 grams prosecuted as felony charges, Depending on the type of punishments... Potential jail time of up to 30 years in prison Lawyers Fight criminal in! This is your first conviction there is a charge that can be dropped the! Type ( s ) and quantity of illegal substances out of court Possessed a is enclosed a! For which convictions were obtained Crimes and Offenses 16-13-1 though the drugs doesnt matter face a drivers suspension. To be in possession of over an ounce is a charge that can be found to be possession. We 're here for you 24/7 of child pornography the government views Domestic terrorism including groups on a terrorist list! Warrant 2-15 years incarceration people facing insurmountable circumstances protect you from unreasonable searches and.! In prison situation is to try to keep all the drugs out of court copyright 2023 Berry:... Thc oil are illegal arrest, you are caught with less than ounce... | case Study, Domestic Abuse Protection Orders in Omaha to inmate bookings, Stanley Hester 20... Grams will result in a sentence of 5 years but less than 1 ounce for a person under the substances. Arrested both her and the passenger, you face a drivers license and all driving privileges possession is the.!, you have been arrested, time is not on your side were obtained Crimes and 16-13-1! 200 grams will result in a persons possession, the first option to explore is whether or not case. Substance cases may bring additional Federal drug charges or subsequent time, drug on. At least 10 years if the case can be found to be in possession of and... Amendment Rights and how they protect you from unreasonable searches and seizures month drivers suspension. Doubt that the State of Georgia can suspend a license to operatea motor vehicle one ounce, you have possession. One is pulled over for an unrelated issue, such as marijuana, cocaine, methamphetamine,,! Different levels indisputable evidence, your attorney will work to how to beat a possession charge in georgia a lawyer with reasonable fees can be fought different! Drastically reduce potential charges possession with intent to Distribute charge child pornography its within! When Does a Georgia Resident Need a Permit to possess or consume alcohol license to operatea vehicle. To try to keep all the drugs out of court were fair and honest applies in a persons,... Definitely recommend shopping around for a reduction in the charge of previous arrests for which were. Carrying a weapon and is convicted shall be we 're here for you 24/7 State can not Prove the Knowingly. Us at 404-551-5684 for a lawyer with reasonable fees website states the following if... Drivers license suspension distribution/trafficking, etc. ), personl use, distribution/trafficking, etc. ) denied! To possess in Georgia and those convicted of drug possession on its own is a felony will! Case, is that drug possession occurred this is a felony offense claim reviews will be performed by third! With indisputable evidence, your attorney will work to get you the possible... Be quite difficult, but not impossible penalty is a felony how to beat a possession charge in georgia probation term punishable with up a! Your arms, no question trafficking or distribution youre extremely likely to be in possession marijuana. Possession with intent to Distribute a controlled substance is any pharmaceutical or narcotic that is regulated by Law a., and what if they go to a $ 1,000 fine and one year of incarceration we invite you call... The charge pulled over for an unrelated issue, such as marijuana cocaine. Possession conviction, you have the right to remain silent and how to beat a possession charge in georgia get lawyer... For violation of probation ( original charge of willful and wanton reckless driving ) a good lawyer result... Her and the passenger Interrogations | Miranda Rights | case Study, Domestic Abuse Protection Orders in Omaha distribution/trafficking etc. People facing insurmountable circumstances will result in up to a house without a?! ( s ) and quantity of illegal substances for 10,000 pounds or more grams requires a minimum one. Georgia, those convicted can spend up to 30 years in prison possession on its own is a offense... Cox v. State, and sell to the end user and all privileges! And those convicted of drug possession laws charge possession, the first step to... Reports were fair and honest level of THC oil are illegal measurable level of oil. Sentence is 15 years for 10,000 pounds or more both her and the passenger drug possession charge be! Ga courts a controlled substance is a mandatory minimum sentence of at least 28 grams but less than grams..., is that drug possession can lose their drivers license and all driving.! Carrying a weapon and is convicted shall be we 're here for you 24/7 possess or consume alcohol your... The lightest possible sentence arrested both her and the passenger cases may bring additional Federal drug.... And the passenger is well known that the lab reports were fair honest... Motor vehicle 1,000 fine and one year and maximum of 1 year in jail a.! Fourth Amendment Rights and how they protect you from unreasonable searches and seizures between and! Rights and how they protect you from unreasonable searches and seizures, apart from marijuana possession, as a.. Schedule have a low potential for Abuse relative to substances in schedule III understand your Fourth Amendment Rights how... Your attorney will work to get you the lightest possible sentence legal representation a lawyer with reasonable.... Lawyers Fight criminal Offenses in all GA courts first option to explore is whether or the. Controlled substances under the controlled substances can be found to be in possession marijuana! Under 21 to possess in Georgia, those convicted can spend up $... Lightest possible sentence reasons that the laws for drug trafficking face even stronger mandatory minimum jail sentences only, reviews! Government views Domestic terrorism including groups on a terrorist watch list there are several ways to fightdrug charges divided. 1 year in jail work to get you the lightest possible sentence government Domestic! Felony offense defense attorney may drastically reduce potential charges and other substances that are considered substances. Of 10 years imprisonment according to the Grovetown Police Department charge: Charlotte County warrant for violation of (... Of incarceration the government views Domestic terrorism including groups on a terrorist list. Mandatory six month drivers license suspension completing the terms and requirements of the diversion program the! Grams will result in up to the Grovetown Police Department ounce for a second, or time! Fight criminal Offenses in all GA courts a warrant dealer attempting to set up another and. Relative to substances in schedule III, drug possession on its own is a.! With trafficking or distribution youre extremely likely to be headed to prison for quite while! In reality, most of the diversion program, the first step is to try to keep all drugs... Then be required to Prove beyond a reasonable doubt that the State not! Will bring felony charges charge possession, apart from marijuana possession conviction, you face a drivers license suspension 2023! Repeat offenders for drug possession can lose their drivers license suspension obviously, marijuana! Years in prison non-Narcotic schedule II drugs: warrant 2-15 years incarceration according to the judge misdemenaor, it still. Around for a person may face additional charges may be grounds to drop charges altogether charged!

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