vigorously advocate on your behalf to have your case dismissed or the charges If the drugs are not allowed at trial because they were found during an unlawful search or seizure by police the case will likely be dismissed prior to trial. unloaded. If you dont defend yourself, you can end up regretting the outcome. They may be able to show real possession. People charged with simple felonypossession of drugsoften get their charges reduced from felonies to misdemeanors. I learned the hard way that only certain counties in Georgia go easy on possession of small amount of pot. Drug trafficking charges in Georgia are based on accusations that a person possesses, sells, distributes, or produces a large number of illegal drugs. Possession of non-Narcotic Schedule II Drugs: warrant 2-15 years incarceration. The difference between possessing illegal drugs and possessing illegal drugs with intent to distribute is huge in the criminal justice system. apartment based on two controlled buys of narcotics made by a confidential Three Ways To Fight A Shoplifting Charge In Alpharetta, Ga. 100 (2009), Michael Bruce Cox of Chatham County was found guilty of Michael Bixon represents clients in Atlanta and throughout the state of Georgia. have or carry on his or her person a weapon or long gun on his or her property Schedule I drugs, substances, or chemicals are defined as drugs with no currently accepted medical use and a high potential for abuse. 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 For the second offense within five years, as 3, For more information on sentencing, you can visit the NORML website page on Georgia Laws and Penalties. Now its wiretapping all the time in drug cases these days. Substances in this schedule have a potential for abuse less than substances in Schedules I or II and abuse may lead to moderate or low physical dependence or high psychological dependence. 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":""}. Upon conviction, a person shall be punished by shooting when the person has the permission of the owner of the land on which Schedule III drugs abuse potential is less than Schedule I and Schedule II drugs but more than Schedule IV. Possession of non-narcotic Schedule II drugs: Bond: none. There are a multitude of reasons that the State of Georgia can suspend a license to operatea motor vehicle. The State of Georgia is slowly advancing legislation to legalize more THC products for medicinal purposes. In Georgia, ingestible products with any measurable level of THC oil are illegal. The solution for a lot of overcrowded prisons is simple. 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. When Does a Georgia Resident Need A Permit to Possess Sickle cell anemia? If you have a prior arrest, that is a factor that will complicate your defense. If this is the case, then that person should challenge the lab report verifying the drug evidence that was found was indeed substantial. For a first conviction, a person faces a maximum of 1 year in jail. 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. scene. Greater amounts trigger a minimum sentence of 25 years. In most states, such as Georgia, in order to be charged with drug trafficking, the case must involve more than several pounds of marijuana or an ounce or more of drugs like cocaine or methamphetamine. First offense convictions carry potential jail time of up to 30 days and fines of up to $500. Consideration of all defense strategies, resolution paths and legal options. Such laws outline when a person needs a 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 The law requires a sentence of at least 25 years for 28 grams or more. Possession of Schedule III, IV, or V Drugs: warrant 1-5 years incarceration. Possession of meth is a felony crime in Georgia and those convicted can spend up to 25 years in prison. Ask our criminal attorneys about how to win a possession of marijuana criminal case, and the If you do, we'll connect you to a qualified lawyer today. Another way to fight possession with intent to distribute cases is to challenge whether the defendant actually knew about the substances found. You have constructive possession of these drugs in that case. If you are not granted a conditional discharge or your probation is revoked, the penalties for possession are up to $1,000 in fines and up to 1 year in prison. Per the legal scholars at Emory University, as stated on their website, Unlawful possession of any Schedule I Controlled Substance, Schedule II narcotic, or Schedule II non- narcotic is felony punishable by a term of incarceration of 2 to 30 years, depending on the quantity. management areas, and on public transportation; provided, however, that a For a first conviction, a person faces a maximum of 1 year in jail. law. If this is a second or subsequent conviction, the person shall be sentenced to prison for no less than five and no more than ten years. Drug Charges. one possible defense is to provide evidence that the weapon you are charged (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. It does not create an attorney-client relationship between the Firm and the reader, and does not constitute legal advice. Instead, For a free legal consultation, call 402-466-8444. What is the assumed intent (i.e., personl use, distribution/trafficking, etc.)? ring had a key to the apartment as well as a key to the vehicle he drove to the (2)Dangerous drug shall have the same meaning as defined in Article 3 of this chapter, relating to dangerous drugs. Possession of any other Schedule I or Schedule II banned the substance, from LSD to heroin, will result in felony criminal charges in the state of Georgia. Georgia drivers license suspensions are to be taken seriously, and the penalties for driving on a suspended license can be significant, including jail time. 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. 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. You want to challenge a wiretap as well. evidence showed that on July 29, 2006, officers executed a warrant at an Whether bail is granted or denied is up to the judge. Subsequent convictions warrant up to 30 years incarceration. The minimum sentence for a drug trafficking charge in Georgia is 5 years and the maximum is 25. 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. WebOur goal is to first try to take the most serious charges off the table to avoid the most severe sentences. Anyone caught in the distribution chain is subject to a possession with intent to distribute charge. In your house its stored and you know its there. The term edibles, relative to legality, This specifically includes, but is not limited to, anything you can eat that contains THC (food, gummies, etc.). Lastly, schedule five drugs or medicines that have a low possibility of being abused, including medicines with small quantities of codeine or other narcotics. Possession Laws in Virginia. firearms that are prohibited in the state of Georgia. Possession of a controlled substance is also a deportable offense, which can result in a non-citizen being removed from the United States. there are some possible defenses: The Handgun Did Not Belong to You: If you have been charged with violating Georgias gun laws, Here at Under Georgia law, O.C.G.A. 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. Often, officers ask to search in a manner that may make it seem as if the search is obligatory rather than voluntary. The potential charge for felony possession of marijuana is 1-10 years in prison and more than $1,000 in fines. appeal, he argued that there was insufficient evidence to support the guilty Court affirmed the jurys guilty verdict. 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. 2022 Best Georgia Lawyers - All Rights Reserved. pharmaceutical container you are in trouble. Possession of more than one ounce is a felony, punishable by a term of incarceration of between 1 and 10 years. Its obvious that if youve been charged with trafficking or distribution youre extremely likely to be headed to prison for quite a while. And, we are lawyers who are committed to helping people in Possession of any other Schedule I or Schedule II banned the substance, from LSD to heroin, will result in felony criminal charges in the state of Georgia. Possession with Intent to 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. We are sadly well behind the national trends toward marijuana decriminalization and legalization. For example, possession of less than one ounce of marijuana is most often a misdemeanor, but any amount of cocaine is a felony. Anybody with a drug charge in Georgia needs to take it seriously and hire a good lawyer. It is well known that the laws for drug possession, as well as drug manufacture, in Georgia are relatively strict. He is committed to helping his clients through difficult situations and working to Subsequent convictions warrant 5-30 years incarceration. Prohibited Weapon: A possible defense against a charge of being in Some examples of Schedule II drugs are: combination products with less than 15 milligrams of hydrocodone per dosage unit (Vicodin), cocaine, methamphetamine, methadone, hydromorphone (Dilaudid), meperidine (Demerol), oxycodone (OxyContin), fentanyl, Dexedrine, Adderall, and Ritalin, Schedule III drugs, substances, or chemicals are defined as drugs with a moderate to low potential for physical and psychological dependence. If the prosecutor has an air-tight case with indisputable evidence, your attorney will work to get you the lightest possible sentence. Did the officer lack probable cause? Schedule four drugs are predominantly prescription medicines that are not easily abused, including Ativan, Valium, Klonopin, and Xanax. And what you do with the drugs doesnt matter. Examples of Schedule II narcotics include: hydromorphone (Dilaudid), methadone (Dolophine), meperidine (Demerol), oxycodone (OxyContin, Percocet), and fentanyl (Sublimaze, Duragesic). Examples of Schedule III narcotics include: products containing not more than 90 milligrams of codeine per dosage unit (Tylenol with Codeine), and buprenorphine (Suboxone). Chedrick Chaney, but Cox was at the apartment during one of the buys. Criminal defense attorneys will challenge the validity of the search. How Do I Fight a Possession with Intent to Distribute Charge? In any drug case, another defense is that you want to challenge any illegal search or mobile phone wiretap. She hired a lawyer at the last minute and got the First Offender thing. If you are caught with less than 1 ounce for a second, or subsequent time, it is still considered a misdemeanor. Its uncommon to see a drug case in which there wasnt a search that was challenged. During their arraignment, a person is at liberty to ask the court to post bail. There is a myriad of defenses that a person may take in order to combat these charges. Certain controlled substance cases may bring additional federal drug charges. The Findlaw website states the following, If this is your first conviction there is a mandatory six month drivers license suspension. Has to lead a strong team of experienced federal defense lawyers that have collaborated on federal and state drug trafficking charges that have resulted in dismissed and reduced charges. Please call (888) 205-9314. conviction thereof, shall be imprisoned for not less than two years and not Copyright 2018, Loren . Depending on the weight of the narcotics, the charge could result in a prison sentence as high as 20 to life. In other instances, the issue is not whether the person possessed an unlawful controlled substance, but whether they possessed enough of it to be found in possession with intent to distribute when there are no scales, baggies, or incriminating text messages. Aside from that, it comes down to the will of the prosecutor vs. the skill of your criminal defense lawyer. Simple possession cases are also more likely to be eligible for pre-trial diversion or drug court. We represent clients in Atlanta and throughout the state Charge: Charlotte County warrant for violation of probation (original charge of willful and wanton reckless driving). case depending on the facts and circumstances involved. State of Georgia? If you drive the car and the drugs are sitting next to you, these drugs are actually in your possession. Second convictions result in the loss of your license for one year, and third or subsequent possession conviction you lose your license for two years..4. 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