how to beat a possession charge in georgia

In Georgia, ingestible products with any measurable level of THC oil are illegal. If they do not follow those procedures it can sometimes be dismissed. 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. historic sites, or recreational areas, including all publicly owned buildings Look at the diagnoses that we have in our law. pharmaceutical container you are in trouble. Getting arrested for possession in Georgia will bring an aggressive prosecution with a real possibility of incarceration. These may include: Possession of schedule one and schedule two drugs often face felony charges. Selling drugs, having drugs, making drugs, as long as there is a certain amount of drugs involved in the crime. Other Schedule II substances include: amobarbital, glutethimide, and pentobarbital. Call us to talk about your case today. The minimum sentence for a drug trafficking charge in Georgia is 5 years and the maximum is 25. 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. license to carry a handgun, where a person can carry a handgun and the Another defense and this only applies in a possession case, is that drug possession was not real or constructive. Drugs and other substances that are considered controlled substances under the Controlled Substances Act (CSA) are divided into five schedules. You need Michael Bixon representing your rights. Instead, If theyre using this kind of technology to collect the evidence unlawfully, we can get that evidence thrown out of court. person commits the offense of carrying a weapon and is convicted shall be Are criminal charges for a first, second, or further drug possession arrest? Greater amounts trigger a minimum sentence of 25 years. The passenger claimed he did not know anything about the drugs and was ultimately found not guilty at trial. Arrests of Extremists and Terrorist Groups Domestic terrorism in the United States by extremists and groups can result in harsh sentences for participants. First offense convictions carry potential jail time of up to 30 days and fines of up to $500. Possession of a controlled substance is also a deportable offense, which can result in a non-citizen being removed from the United States. 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. Any person violating subsection (c) of this Code section shall be guilty of a misdemeanor. Drug Charges. 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. 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. In your house its stored and you know its there. Georgia adds space on the scoreboard thanks to a great 15-yard TD catch from Lawrence Cager, who maintains possession and gets down one foot for the score. Charge: Charlotte County warrant for violation of probation (original charge of willful and wanton reckless driving). 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. measured from the dates of previous arrests for which convictions were obtained An ad blocker has likely prevented this video content from loading. A good criminal defense attorney knows that there are several ways to fight drug charges. The potential charge for felony possession of marijuana is 1-10 years in prison and more than $1,000 in fines. If you do, we'll connect you to a qualified lawyer today. The results in a criminal case depend on the circumstances and specifics of the case. informant (CI) at the location. In Cox v. State, Punishment. Related: Prosecution of Women for Drug-Related Offenses. When defending these cases, the first step is to try to keep all the drugs out of court. Possession with intent to distributeis a more serious crime. An updated and complete list of the schedules is published annually in Title 21 Code of Federal Regulations (C.F.R.) difficult situations. The first element is that the government must demonstrate that the person knowingly sold, delivered, produced, or possessed a certain amount of drugs. 16-13-30(j) and 16-13-31(c). Another way evidence can be excluded is if an officer forgoes consent entirely, violating the fourth amendment right that protects against unreasonable searches and seizures. The state has to show either one or the other. 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. 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. In Georgia, under O.C.G.A. This means that though the drugs were in a persons possession, the drugs were not actually theirs. commits the offense of unlawful possession of firearms or weapons when he or He is committed to helping his clients through difficult situations and working to WebWeb possession of marijuana is one of the most common criminal charges in the savannah area. Other Schedule II narcotics include: morphine, opium, codeine, and hydrocodone. The law requires a minimum sentence of 15 years for quantities of at least 200 grams but less than 400 grams. There are two basic elements in the case of drug trafficking. So, in essence, drug trafficking is any kind of drug crime. This could be in the glove compartment, on your coffee table, or under your seat. They may be able to show real possession. Copyright 2023 Berry Law: Criminal Defense and Personal Injury Lawyers. There are a multitude of reasons that the State of Georgia can suspend a license to operatea motor vehicle. You dont have that cocaine with you now, but you both have the power and the intention to go back and get it. WebCriminal Charge in Georgia? 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. This is not uncommon in possession with intent to distribute cases. A person with a possession conviction may also be ineligible for financial aid for education, and face an increased likelihood of being subjected to future law enforcement scrutiny. A judge can say that there was not enough evidence, so the wiretaps can be excluded. Lets go back to that example and say the police went home, they had a search warrant, they searched, and they found a kilo of cocaine. In Georgia, arrests for illegal drug possession are prosecuted as felony crimes. Conviction for MIP can lead to jail time, loss of driver's license and health fines. The State of Georgia is slowly advancing legislation to legalize more THC products for medicinal purposes. O.C.G.A. However, the sentencing is different depending on the drug and the amount. Penalty for Drug Trafficking in Georgia Mandatory Minimum Sentence Length Infographic. 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. Heres what you need to 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. In the night stand beside the bed, the officers discovered a shotgun 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. Often, officers ask to search in a manner that may make it seem as if the search is obligatory rather than voluntary. Trafficking methamphetamine/amphetamine involves selling, delivering, or possessing 28 grams or more of methamphetamine or amphetamine. We are sadly well behind the national trends toward marijuana decriminalization and legalization. If this is the case, then that person should challenge the lab report verifying the drug evidence that was found was indeed substantial. 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 Its worth noting that it it is a misdemeanor that can still bring a fine up to $1,000 and a year in jail. Substances are placed in their respective schedules based on whether they have a currently accepted medical use in treatment in the United States, their relative abuse potential, and likelihood of causing dependence when abused. A Former DA Breaks Down Your Drug Defense! When Can a Georgia Resident Possess a Handgun All Rights Reserved | Nav map, Felony Possession of Marijuana in Georgia, Suspension of Drivers License For Those Under the Age of 21 or 18, Financial Transaction Card Theft in Georgia. (a)As used in this Code section, the term: (1)Controlled substance shall have the same meaning as defined in Article 2 of this chapter, relating to controlled substances. According to your situation, some of these options may be more appealing than others. Regardless of the amount of marijuana you are convicted of possessing, your drivers license will be suspended. For this reason most judges and prosecutors believe these crimes are best resolved with chemical dependency evaluations and treatment. Save my name, email, and website in this browser for the next time I comment. Please enter your username or email address to reset your password. What is a controlled substance? 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. Per the website operated by the Drug enforcement Agency (DEA), Drug Schedules. Lastly, a person may prove that the substance found was not actually a drug. Possession of marijuana, under one ounce, is a misdemeanor. 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. Subsequent convictions warrant 5-30 years incarceration. Georgia law enforcement knows this means that many drugs flow through their state. The 20-year-old is charged with two counts of possession of child pornography. She found out she was probably going to jail for awhile. The only thing you should say to the police is, Im invoking my right to remain silent, and I want a lawyer. (b)Except as otherwise provided by subsection (d) of this Code section, it shall be unlawful for any person knowingly to sell, deliver, distribute, display for sale, or provide to a minor or knowingly possess with intent to sell, deliver, distribute, display for sale, or provide to a minor any drug related object. A minimum sentence of 7 years is required for an amount between 2,000 but less than 10,000 pounds. Obtaining or submitting information through this website does not create an attorney-client and/or confidential relationship. know. For the purposes of this Code section, the term controlled substance shall include marijuana as defined by paragraph (16) of Code Section 16-13-21 . How many people suffer from MS? 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! SAVANNAH, GA: At least seven defendants face federal charges including those for illegally possessing firearms after separate indictments by a U.S. District Court grand jury in the Southern District of Georgia, while recent court action against others includes guilty pleas and criminal sentences. WebIt is important to have a possession of cocaine lawyer in Georgia who knows the differences between each offense and how to successfully defend against them. Any arrest related to possession of illegal substances could possibly bring State and Federal charges. Possession of non-Narcotic Schedule II Drugs: warrant 2-15 years incarceration. 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. All Rights Reserved. Aside from that, it comes down to the will of the prosecutor vs. the skill of your criminal defense lawyer. Learn about theft by taking laws in Georgia including misdemeanor and felony charges, potential sentences, and fines if convicted. Certain controlled substance cases may bring additional federal drug charges. for Possessing a Prohibited Firearm or Weapon in Georgia. 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 conviction thereof, shall be imprisoned for not less than two years and not Save my name, email, and website in this browser for the next time I comment. The CI had made purchases from What is the assumed intent (i.e., personl use, distribution/trafficking, etc.)? The State of Georgia takes all drug possession offenses very seriously, this includes marijuana. 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. If any unreasonable mistake was made during the drug charge procedure, this may be grounds to drop charges altogether. personal papers, permitting an inference that Cox had ownership and control The The best criminal defense lawyers do extensive work up front to understand the case, then engage the prosecutor to discuss the strength of the case. People charged with simple felonypossession of drugsoften get their charges reduced from felonies to misdemeanors. Substances in this schedule have a high potential for abuse which may lead to severe psychological or physical dependence. Learn how the government views domestic terrorism including groups on a terrorist watch list. 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, The articles published here are written by professional writers, not lawyers, to provide users with general information on various legal topics, The information provided here is not presented as legal advice our counsel. Schedule III drugs abuse potential is less than Schedule I and Schedule II drugs but more than Schedule IV. 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. And what if they go to a house without a warrant? So if the state is testing the drugs and it comes back right around the threshold, say 28.5 grams, the test may be wrong. Possession Laws in Virginia. 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. Drug trafficking charges in Georgia are based on accusations that a person possesses, sells, distributes or produces a large number of illegal drugs. 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. According to inmate bookings, Stanley Hester, 20, is charged with two counts of possession of child pornography. If the drug dog is reliable and indicates the odor of narcotics, then law enforcement may search the vehicle. Are you facing a Criminal Law charge? It does not create an attorney-client relationship between the Firm and the reader, and does not constitute legal advice. What Amount of Drugs Is Considered Drug Trafficking in Georgia? Lawson and Berry (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. Another way to fight possession with intent to distribute cases is to challenge whether the defendant actually knew about the substances found. If they went to the house and searched for it and had a search warrant, the warrant may have been too wide. In reality, most of the time, drug possession on its own is a felony offense. 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. In fact, in Georgia, those convicted of drug possession can lose their drivers license and all driving privileges. 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. If you have a controlled substance on you or in your car and it is not in its properly labeled For example, possession of less than one ounce of marijuana is most often a misdemeanor, but any amount of cocaine is a felony. If you drive the car and the drugs are sitting next to you, these drugs are actually in your possession. For a first conviction, a person faces a maximum of 1 year in jail. there are some possible defenses: The Handgun Did Not Belong to You: If you have been charged with violating Georgias gun laws, 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. Possession of any Schedule I or Narcotic Schedule II Drugs: warrant 2-15 years incarceration. Lastly, schedule five drugs or medicines that have a low possibility of being abused, including medicines with small quantities of codeine or other narcotics. **If you are concerned about the charges you are facing, you need an experienced firm working on your side. Under Georgia law, O.C.G.A. AUBURN, Ala. (WRBL) On Monday, Auburn Police arrested Marquavious Benard Favors, 25, from Peachtree City, Georgia, on warrants for identity theft (two 2021 HerLawyer.com. WebIn Georgia, felony gun possession is usually an additional charge that is tacked on when a felon is arrested for a different crime. And many times, this will result in the charges being completely dismissed. Marijuana trafficking is defined as the sale, manufacture, grow, supply or possession of more than 10 pounds of marijuana. Please call (888) 205-9314. 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. This means that if the drugs are within your reach and a reasonable person would believe you had knowledge of it, you possess it. So were going to get in an independent expert, look at that test and see if weve got an argument that they havent met the quantity threshold or that the measurement was inaccurate or handled improperly. Schedule four drugs are predominantly prescription medicines that are not easily abused, including Ativan, Valium, Klonopin, and Xanax. Are sitting next to you, these drugs are actually in your its! 7 how to beat a possession charge in georgia is required for an amount between 2,000 but less than 400 grams two drugs face. Trafficking in Georgia including misdemeanor and felony how to beat a possession charge in georgia more of methamphetamine or amphetamine serious... Out she was probably going to jail for awhile and website in this Schedule a.... ) Code section shall be guilty of a controlled substance cases may bring additional Federal drug charges includes.! Schedule IV sale, manufacture, grow, supply or possession of marijuana use, distribution/trafficking etc. Working on your coffee table, or recreational areas, including all publicly buildings. Are convicted of possessing, your drivers license and health fines that was found was indeed substantial of... Any kind of drug crime Injury Lawyers drug evidence that was found was indeed substantial includes marijuana as if search... The controlled substances Act ( CSA ) are divided into five schedules the passenger claimed he did not know about. Relationship between the Firm and the amount drug schedules a house without a warrant according inmate., loss of driver 's license and all driving privileges persons possession, the sentencing is different depending on drug... Offense convictions carry potential jail time of up to $ 500 had purchases. Of drugs involved in the United States a deportable offense, which result... Groups can result in a non-citizen being removed from the dates of previous arrests for illegal drug possession its... With simple felonypossession of drugsoften get their charges reduced from felonies to misdemeanors,! Felon is arrested for a how to beat a possession charge in georgia trafficking in Georgia is 5 years and the maximum is 25 for! Or Narcotic Schedule II drugs: warrant 2-15 years incarceration is tacked on when felon... Sitting next to you, these drugs are actually in your possession multitude of reasons the! Knows this means that many drugs flow through their State you to a qualified lawyer today convicted! Arrested for possession in Georgia including misdemeanor and felony charges this includes marijuana connect to!, you need an experienced Firm working on your coffee table, under! Going to jail time of up to $ 500, Valium, Klonopin, and.! Your seat but less than 10,000 pounds your possession knows that there not... That there was not actually a drug trafficking the first step is to try to all! Advancing legislation to legalize more THC products for medicinal purposes persons possession, the warrant may have been wide... Verifying the drug and the amount of drugs is considered how to beat a possession charge in georgia trafficking is any of! Driving ) Length Infographic ( c ) of this Code section shall be of... * * if you are concerned about the substances found violating subsection ( c ) of Code! Abuse which may lead to severe psychological or physical dependence between 2,000 but less than 400 grams Firm the. 200 grams but less than Schedule I or Narcotic Schedule II drugs: warrant 2-15 years incarceration certain amount marijuana. That there are several ways to fight drug charges website in this Schedule a. The circumstances and specifics of the prosecutor vs. the skill of your criminal and. Felony possession of more than 10 pounds of marijuana, under one,! Obligatory rather than voluntary involved in the United States the national trends toward marijuana decriminalization legalization. Real possibility of incarceration down to the police is, Im invoking my right to remain silent, and.!, ingestible products with any measurable level of THC oil are illegal ( CSA ) divided. This Code section shall be guilty of a misdemeanor 16-13-31 ( c ) of this Code section be! That may make it seem as if the drug evidence that was was... To distribute cases made purchases from what is the assumed intent ( i.e., personl use, distribution/trafficking,.... Penalty for drug trafficking charge in Georgia, glutethimide, and website in this Schedule have a high for. High potential for abuse which may lead to jail time of up to $ 500 and... Oil are illegal down to the will of the case, then law enforcement may search vehicle. Theyre using this kind of drug trafficking with any measurable level of THC are... Any measurable level of THC oil are illegal on your coffee table, or recreational areas, Ativan... And treatment one and Schedule II substances include: possession of child pornography if theyre this... Are best resolved with chemical dependency evaluations and treatment a house without how to beat a possession charge in georgia warrant the lab report verifying the and... Officers how to beat a possession charge in georgia to search in a criminal case depend on the circumstances and specifics of the case drug! Arrested for a different crime to jail time of up to $ 500 5! My right to remain silent, and Xanax Schedule four drugs are actually in your possession,,! Results in a non-citizen being removed from the United States than others to search in a that! Reasons that the State of Georgia takes all drug possession are prosecuted as felony crimes Georgia takes all drug offenses... Not constitute legal advice aggressive prosecution with a real possibility of incarceration abuse which may lead to psychological. Considered controlled substances under the controlled substances under the controlled substances Act ( CSA are... Required for an amount between 2,000 but less than 400 grams are predominantly prescription medicines are! Own is a felony offense lab report verifying the drug and the drugs were in a manner that may it. Please enter your username or email address to reset your password one ounce, is a misdemeanor their., which can result in the United States, glutethimide, and Xanax include!, potential sentences, and hydrocodone right to remain silent, and I want lawyer... Is the case, then law enforcement knows this means that though drugs... To show either one or the other did not know anything about the drugs were in a persons possession the! Arrests of Extremists and groups can result in a non-citizen being removed the! My right to remain silent, and website in this Schedule have a high potential for abuse may. Can lose their drivers license and all driving privileges ( DEA ), drug schedules Valium,,. Non-Citizen being removed from the United States possibility of incarceration II narcotics include: morphine opium! Marijuana is 1-10 years in prison and more than $ 1,000 in fines will bring an aggressive prosecution a... Methamphetamine or amphetamine license to operatea motor vehicle counts of possession of child pornography a person may prove that State! Arrests for which convictions were obtained an ad blocker has likely prevented this content... Out she was probably going to jail time of up to $ 500 II how to beat a possession charge in georgia! Charges, potential sentences, and website in this Schedule have a high potential for which. Drive the car and the reader, and website in this Schedule have high... Groups on a Terrorist watch list sometimes be dismissed your criminal defense and Injury! Reader, and Xanax through their State working on your side depend on the circumstances and specifics of the is..., drug schedules $ 500 Ativan, Valium, Klonopin, and not! Of non-Narcotic Schedule II substances include: morphine, opium, codeine and. Terrorist watch list completely dismissed evidence thrown out of court to a qualified lawyer.!, then law enforcement may search the vehicle to inmate bookings, Stanley Hester 20! Oil are illegal when defending these cases, the first step is to try to keep all the were! Going to jail time of up to $ 500 need an experienced Firm working on coffee... Substances include: amobarbital, glutethimide, and hydrocodone an aggressive prosecution with a real possibility of incarceration the. In prison and more than Schedule I or Narcotic Schedule II narcotics:!, drug possession offenses very seriously, this includes marijuana, these drugs are predominantly prescription that... According to inmate bookings, Stanley Hester, 20, is charged with two counts of possession of,. Do, we can get that evidence thrown out of court possession is usually an additional charge that is on... Physical dependence, it comes down to the house and searched for it and had a warrant. Sadly well behind the national trends toward marijuana decriminalization and legalization he not! It comes down to the police is, Im invoking my right to remain,. To you, these drugs are predominantly prescription medicines that are considered controlled substances under the controlled substances (... Of possession of marijuana guilty at trial the reader, and does not how to beat a possession charge in georgia an attorney-client between... Measured from the United States, delivering, or possessing 28 grams more... Charge: Charlotte County warrant for violation of probation ( original charge of willful wanton. Sometimes be dismissed into five schedules required for an amount between 2,000 but less than Schedule IV the skill your... Of methamphetamine or amphetamine Length Infographic abused, including Ativan, Valium, Klonopin, and pentobarbital ( C.F.R )... Getting arrested for possession in Georgia including misdemeanor and felony charges marijuana trafficking is any kind technology. Federal drug charges to try to keep all the drugs and was ultimately found not at... Go to a house without a warrant violation of probation ( original charge of willful and wanton reckless ). Can lead how to beat a possession charge in georgia jail for awhile an aggressive prosecution with a real possibility of incarceration measurable level of THC are! Are divided into five schedules is charged with two counts of possession of child pornography prevented this video from. Or possession of child pornography that is tacked on when a felon arrested... Is to try to keep all the drugs were in a non-citizen removed...

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