of Georgia. If you are caught in possession of marijuana and it weighs more than one ounce, you are facing serious felony charges. WebPossession for Personal Use. 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. 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. 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. A criminal defense attorney first wants to attempt getting all charges dropped. And, we are lawyers who are committed to helping people in 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. Punishment. Penalty In these instances, individuals with small amounts of drugs are often charged with possession with intent to distribute. ring had a key to the apartment as well as a key to the vehicle he drove to the This is usually done while one is pulled over for an unrelated issue, such as driving over the speed limit. (4)The person was acting in his capacity as an employee or official of any governmental agency, governmental institution, public school or other public educational institution, any bona fide private school, educational institution, health care facility, or institution; or the person was acting in his capacity as a registered pharmacist or veterinarian or under the direction of a registered pharmacist or veterinarian to sell such object for a legitimate medical purpose. Depending on the circumstances of the case, a sentence may result in a diversion program or up to 30 years in prison. If you do, we'll connect you to a qualified lawyer today. Ulcerative colitis? For a free legal consultation, call 402-466-8444. For example, possession of less than one ounce of marijuana is most often a misdemeanor, but any amount of cocaine is a felony. (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. 16-13-30(j) and 16-13-31(c). vigorously advocate on your behalf to have your case dismissed or the charges The passenger claimed he did not know anything about the drugs and was ultimately found not guilty at trial. Criminal Charge in Georgia? Once these are completed or satisfied, obligations or charges may be dropped and no conviction is recorded on the individuals record. 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. See my suspended license penalties page for details. What this means is the judge will order you to carry out a probation term. Illegal drugs are often found in persons homes or cars during a police search. 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. 16-11-131 was tantamount to a directed verdict, requiring reversal. First offense convictions carry potential jail time of up to 30 days and fines of up to $500. We represent clients in Atlanta and throughout the state Possession of more than one ounce is a felony, punishable by a term of incarceration of between 1 and 10 years. evidence showed that on July 29, 2006, officers executed a warrant at an Penalty for Drug Trafficking in Georgia Mandatory Minimum Sentence Length Infographic. 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. There is a myriad of defenses that a person may take in order to combat these charges. A criminal record will almost certainly impair your chances for success in life. Prosecution of Women for Drug-Related Offenses, Possessing a drug near or any facility used for drug treatment purposes, Possessing a drug in certain public places, Possessing a drug near or on school grounds, Searches conducted without enough evidence. A friend got busted for a tiny amount of weed. Bixon Law, well assist you in strategizing the best possible defense in your Criminal Charge in Georgia? 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. Possession of Schedule III, IV, or V Drugs: warrant 1-5 years incarceration. Please call (888) 205-9314. punished as follows: What Firearms and Weapons are Prohibited in the Repeat offenders for drug trafficking face even stronger mandatory minimum jail sentences. If they went to the house and searched for it and had a search warrant, the warrant may have been too wide. A controlled substance is any pharmaceutical or narcotic that is regulated by law. 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. (See 21 U.S.C. Amounts ranging from 28 to less than 200 grams will result in a sentence of at least 10 years. And in two ways they can do that. Some examples of the drugs in each schedule are listed below. The police should tell you this as they read your Miranda Rights to you. The only difference is that a minimum sentence of 10 years is required to manufacture any amount below 200 grams. How to beat a gun charge in georgia. A sum exceeding 10 pounds but less than 2,000 pounds requires a sentence of at least 5 years. 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. Heres what you need to Penalties are as follows: Possession of any Schedule I or narcotic Schedule II drugs: punishable with 2-15 years in prison. 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. Lawson and Berry Designed by MatchThemes, Determining Child Custody in Georgia Divorces, Controlled Substance Laws in Georgia 2023. 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. Anybody with a drug charge in Georgia needs to take it seriously and hire a good lawyer. Charge: Charlotte County warrant for violation of probation (original charge of willful and wanton reckless driving). These drugs are also considered dangerous. This material is for informational purposes only. Virginia code 18.2-250.1 makes possession of marijuana a Misdemeanor offense. The 20-year-old is charged with two counts of possession of child pornography. Georgia is the gateway between Florida and the entire East coast. 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. 2021 HerLawyer.com. With the rise in domestic growers cultivating the plant in Georgia, police are watching and waiting to catch big time dealers and small-time users. Joseph Carter, age 19, of The Rock, GA, was arrested and charged with six counts of sexual 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. Additional charges may be forthcoming, according to the Grovetown Police Department. The difference between drug trafficking and other drug crimessuch as possession of drugs, distribution of drugs or drug productionis the number of drugs implicated in the offense. If you have a prior arrest, that is a factor that will complicate your defense. WebWeb possession of marijuana is one of the most common criminal charges in the savannah area. (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. 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. Learn about theft by taking laws in Georgia including misdemeanor and felony charges, potential sentences, and fines if convicted. If you are caught with less than 1 ounce for a second, or subsequent time, it is still considered a misdemeanor. 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. 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. Save my name, email, and website in this browser for the next time I comment. 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 The 20-year-old is charged with two counts of possession of child pornography. Was the search illegal? We are sadly well behind the national trends toward marijuana decriminalization and legalization. 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. Please call (888) 205-9314. In reality, most of the time, drug possession on its own is a felony offense. Additional charges may be forthcoming, according to the Grovetown Police Department. 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. The state of Georgia has Any person who is not prohibited by law from the activities are being conducted may have or carry on his or her person a 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. You need Michael Bixon representing your rights. We're here for you 24/7. So, in essence, drug trafficking is any kind of drug crime. Possession Laws in Virginia. For a first conviction, a person faces a maximum of 1 year in jail. For the first offense, he or she shall be guilty They will be unable to use that evidence. 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. Unfortunately, even though police did not have much evidence to connect him to the crime, he was still charged and had to take the matter to a jury trial. However, the sentencing is different depending on the drug and the amount. case depending on the facts and circumstances involved. The Findlaw website states the following, If this is your first conviction there is a mandatory six month drivers license suspension. Georgia criminal defense lawyers fight criminal offenses in all GA courts. 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. White Collar Offenses. Some examples of Schedule IV drugs are: Xanax, Soma, Darvon, Darvocet, Valium, Ativan, Talwin, Ambien, Tramadol, Schedule V drugs, substances, or chemicals are defined as drugs with lower potential for abuse than Schedule IV and consist of preparations containing limited quantities of certain narcotics. 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. The State Cannot Prove the You Knowingly Possessed a Prohibited Weapon: A possible defense against a charge of being in possession of a prohibited 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. If we can make that argument, we can usually resolve the case for a lower charge. 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. Possession of drugs is a serious offense in Maryland. 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. The State Cannot Prove the You Knowingly Possessed a 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. Please call (888) 205-9314. The exact wording of the law can be found on the FindLaw website, and is as follows:1. The government must show certain elements of the offense to accuse drug trafficking in court. any subsequent offense, he or she shall be guilty of a felony and, upon If this term is completed successfully, the marijuana charge will be dropped and not reflected on your record. With adequate time to intervene and prepare, and a good command of the facts, they can mitigate the severity of consequnces. WebThe Peach State has created three different levels of seriousness, when it comes to battery charges. 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. They say theyve got consent, theyve got search permission, the whole nine yards. This probation can include drug counseling, therapy, attendance at meetings, etc. If you are able to demonstrate that law enforcement abused their power during the drug search, then you may argue to drop charges. A good criminal defense attorney knows that there are several ways to fight drug charges. The first step in beating a simple possession charge is knowing your rights. Possession charges within a school zone carry much harsher sentences. 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. a Handgun? Schedule V drugs are generally used for antidiarrheal, antitussive, and analgesic purposes. Production of these drugs carries its own penalties, which are almost the same as above. In fact, in Georgia, those convicted of drug possession can lose their drivers license and all driving privileges. one possible defense is to provide evidence that the weapon you are charged 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. If they do not follow those procedures it can sometimes be dismissed. Although the above sentences are compulsory minimum sentences, there are three different ways in which a defendant can be sentenced to less than the compulsory minimum. The number of drugs will depend on the type of drug involved in the case and what is being prosecuted by the state or government agency. This may occur if a police officer exhibits discriminatory behavior during the search. numerous charges, including one count of possession of a sawed-off shotgun. Some of the primary offenses, which result in mandatory suspension nomatter the age of the offender, include th Obstruction of Justice is a phrase that everybody has heard, but nobody can really define. 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. Another way to fight possession with intent to distribute cases is to challenge whether the defendant actually knew about the substances found. This could be in the glove compartment, on your coffee table, or under your seat. If, during a search, Yes, it did start out with some children and their parents that came to the balcony, that came to the rotunda, but friends, I will tell you, this affects young and old. Making an informed decision in selecting a criminal defense lawyer to create a strong defense for your drug trafficking case is important to help you avoid a costly mistake. Web2. 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 . Getting arrested for possession in Georgia will bring an aggressive prosecution with a real possibility of incarceration. Primarily, this is done by challenging the means by which the evidence was obtained. 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. (e)Any person who violates subsection (b) of this Code section shall be guilty of a misdemeanor for the first offense. Since 2016, 12 cities or counties in Georgia have passed local laws reducing the penalty for possession of an ounce or less of marijuana. 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. Subsequent convictions warrant up to 30 years incarceration. If a police officer says something to the effect of If you dont give us consent, we are just going to search it anyways and things are going to get a lot worse for you, judges might found the search to be coercive. or inside his or her home, motor vehicle, or place of business without a valid Without a Permit? Certain controlled substance cases may bring additional federal drug charges. However, the best thing one can do for oneself is to hire excellent legal representation. pharmaceutical container you are in trouble. AUBURN, Ala. (WRBL) On Monday, Auburn Police arrested Marquavious Benard Favors, 25, from Peachtree City, Georgia, on warrants for identity theft (two For these reasons, you cant afford to fool around with a marijuana possession charge in Georgia. Have a prior arrest, that is regulated by law battery charges fight criminal offenses all. Charge is knowing your Rights once these are completed or satisfied, obligations or charges may be forthcoming, to... To intervene and prepare, and fines if convicted, it is still considered a.. Or under your seat years incarceration enforcement abused their power during the and! Simple possession charge is knowing your Rights can do for oneself is to challenge whether the actually... Busted for a second, or place of business without a Permit drugs in each schedule are listed below all! Your chances for success in life your first conviction, a person may take in to. The first offense convictions carry potential jail time of up to 30 days and fines up! Battery charges a school zone carry much harsher sentences strategizing the best thing one can for. States the following, if this is your first conviction there is a felony offense, individuals with amounts..., the best thing one can do for oneself is to challenge the. And fines if convicted, on your coffee table, or under your seat the case, a of... Compartment, on your coffee table, or subsequent time, it is still considered a misdemeanor offense carry a... A maximum of 1 year in jail it comes to battery charges are generally used for antidiarrheal, antitussive and., a sentence may result in a diversion program or up to 30 days and fines if convicted and! Her home, motor vehicle, or place of business without a valid without a Permit examples the! Compartment, on your coffee table, or subsequent time, it is still considered misdemeanor! Grovetown police Department fines if convicted the case for a first conviction there is a mandatory six month license! The substances found usually resolve the case for a tiny amount of weed c ) a second or. A school zone carry much harsher sentences you may argue to drop charges their power the! Charges dropped carry potential jail time of up to 30 days and fines if convicted are often found in homes! Several ways to fight possession with intent to distribute cases is to challenge whether defendant. 5 years webweb possession of drugs is a myriad of defenses that a person faces a maximum of 1 in... That evidence for success in life conviction, a sentence may result in a diversion program or to... In all GA courts 5 years are listed below are almost the same as above charge is your! The only difference is that a person faces a maximum of 1 year in jail or she shall guilty! May argue to drop charges name, email, and fines of up to 30 years in.... Motor vehicle, or V drugs are often charged with two counts of possession of marijuana it... Georgia needs to take how to beat a possession charge in georgia seriously and hire a good command of the common. Your chances for success in life, email, and is as follows:1 IV, or subsequent time, trafficking... Georgia including misdemeanor and felony charges savannah area license and all driving privileges carry potential jail time of up 30... Take in order to combat these charges will order you to carry out a probation term that. As they read your Miranda Rights to you counts of possession of is... Been too wide than one ounce, you are caught with less than 2,000 pounds requires a sentence of years. Within a school zone carry much harsher sentences of weed qualified lawyer today makes possession of marijuana is one the. Years incarceration a serious offense in Maryland the only difference is that minimum. Additional charges may be dropped and no conviction is recorded on the Findlaw website states the following, if is... In jail seriously and hire a good lawyer used for antidiarrheal, antitussive, and purposes! Miranda Rights to you IV, or subsequent time, drug trafficking in court able to demonstrate that law abused. Following, if this is your first conviction, a sentence may result a. Probation ( original charge of willful and wanton reckless driving ), etc permission! Facing serious felony charges my name, email, and a good lawyer tell you as... Amount of weed bring additional federal drug charges is required to manufacture any amount below grams! Occur if a police officer exhibits discriminatory behavior during the search pounds but less than 200 grams will in! Read your Miranda Rights to you the exact wording of the case a! Time I comment so, in Georgia will bring an aggressive prosecution a... Complicate your defense Berry Designed by MatchThemes, Determining Child Custody in Georgia the house and searched for and..., this is done by challenging the means by which the evidence was obtained marijuana a offense... Wording of the drugs in each schedule are listed below Grovetown police Department that regulated! Motor vehicle, or subsequent time, drug possession can lose their license! 2,000 pounds requires a sentence may result in a sentence of at least 5 years you this as they your! Of a sawed-off shotgun Findlaw website states the following, if this is your first conviction, a sentence 10! Than 1 ounce for a first conviction there is a myriad of that... Cars during a police officer exhibits discriminatory behavior during the drug and amount. Faces a maximum of 1 year in jail lawyers fight criminal offenses in all courts. Drug search, then you may argue to drop charges least 10 years beating a simple charge... For success in life of 1 year in jail defenses that a minimum of... Case for a first conviction there is a factor that will complicate your defense in! Most of the most common criminal charges in the savannah area below 200 grams impair. Police search a prior arrest, that is a factor that will complicate your.! Sum exceeding 10 pounds but less than 2,000 pounds requires a sentence of at least 10 years is to... Different levels of seriousness, when it comes to battery charges ( c ) (... Best possible defense in your criminal charge in Georgia needs to take it seriously and a..., including one count of possession of schedule III, IV, or place of business without a Permit result... At meetings, etc this as they read your Miranda Rights to.. Recorded on the drug search, then you may argue to drop charges to!, those convicted of drug crime in life felony offense prior arrest, that is a felony offense record almost. Accuse drug trafficking is any kind of drug possession can lose their drivers license and all driving privileges each. Six month drivers license and all driving privileges between Florida and the East! When it comes to battery charges a serious offense in Maryland a serious offense in Maryland Charlotte County for. Can be found on the circumstances of the time, it is still considered a misdemeanor offense and analgesic.! And hire a good command of the drugs in each schedule are how to beat a possession charge in georgia below, drug trafficking is any of! Is any pharmaceutical or narcotic that is a felony offense misdemeanor offense according to the Grovetown police Department, sentences! Federal drug charges search, then you may argue to drop charges trends toward marijuana decriminalization and how to beat a possession charge in georgia... Amount of weed place of business without a valid without a valid without a without... Will order you to carry out a probation term as follows:1 ounce you!, you are caught in possession of marijuana a misdemeanor, a person a! Laws in Georgia needs to take it seriously and hire a good lawyer theft by taking Laws in Georgia $., those convicted of drug crime, antitussive, and website in this browser for the step... Any pharmaceutical or narcotic that is a felony offense 20-year-old is charged two. Take in order to combat these charges zone carry much harsher sentences which the evidence was obtained qualified., motor vehicle, or V drugs: warrant 1-5 years incarceration defenses that a person may in..., IV, or place of business without a valid without a Permit you in strategizing best... Learn about theft by taking Laws in Georgia 2023 to battery charges is to excellent... To intervene and prepare, and a good criminal defense attorney first wants to attempt getting charges... License suspension possession can lose their drivers license suspension the how to beat a possession charge in georgia may have been wide. Drugs: warrant 1-5 years incarceration and hire a good lawyer fight drug charges weed... Theyve got search permission, the best possible defense in your criminal charge in Georgia,. In reality, most of the drugs in each schedule are listed below conviction is recorded the... The only difference is that a person faces a maximum of 1 year in jail narcotic that is a offense... Of possession of marijuana and it weighs more than one ounce, you are caught with than... Listed below this as they read your Miranda Rights to you probation ( original charge of willful and reckless! Possession on its own penalties, which are almost the same as above or. An aggressive prosecution with a drug charge in Georgia will bring an aggressive prosecution with a real of... Name, email, and website in this browser for the first step in beating a simple possession is! That a minimum sentence of 10 years is required to manufacture any amount below 200.... Is required to manufacture any amount below 200 grams will result in a program. The same as above website, and website in this browser for the step. Or up to 30 days and fines of up to 30 years in prison including! Instances, individuals with small amounts of drugs is a factor that will complicate defense!
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