Possession of illegal substances has a wide range of potential consequences. Once these are completed or satisfied, obligations or charges may be dropped and no conviction is recorded on the individuals record. If you or a loved one has been charged with possession with intent to (e)Any person who violates subsection (b) of this Code section shall be guilty of a misdemeanor for the first offense. The law requires a minimum sentence of 15 years for quantities of at least 200 grams but less than 400 grams. Illegal drugs are often found in persons homes or cars during a police search. This could be in the glove compartment, on your coffee table, or under your seat. Without a Permit? Tourettes? Need a criminal defense lawyer? WebCriminal Charge in Georgia? The severity of the suspension of driving privileges varies. If you are a first-time offender, your chances for leniency are reasonably good. Decriminalize having small amounts of marijuana. You need an experienced Marijuana trafficking is defined as the sale, manufacture, grow, supply or possession of more than 10 pounds of marijuana. There is a myriad of defenses that a person may take in order to combat these charges. According to your situation, some of these options may be more appealing than others. Related: Prosecution of Women for Drug-Related Offenses. Three Ways To Fight A Shoplifting Charge In Alpharetta, Ga. 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. The only difference is that a minimum sentence of 10 years is required to manufacture any amount below 200 grams. 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. 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. Prosecution has to prove that you were knowingly in possession of marijuana to convict you of the marijuana charge. Subsequent convictions warrant 5-30 years incarceration. 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. Learn how the government views domestic terrorism including groups on a terrorist watch list. This is determined by the number of drugs in a persons possession at the time of arrest and any acquisition of suspicious evidence, such as scales, plastic bags, etc. Felony drug convictions will have heftier punishments than misdemeanors. Courts have rules that determine what evidence can be admitted at trial. Regardless of the amount of marijuana you are convicted of possessing, your drivers license will be suspended. 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. 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. possession of a prohibited firearm in Georgia is to present evidence to prove Namely, it is important to understand your Fourth Amendment rights and how they protect you from unreasonable searches and seizures. In Georgia, arrests for illegal drug possession are prosecuted as felony crimes. Prohibited Weapon: A possible defense against a charge of being in 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. However, the best thing one can do for oneself is to hire excellent legal representation. The minimum sentence is 15 years for 10,000 pounds or more. However, if it can be shown that others had equal access to your room even though it was was your room, there might be a valid argument that all had joint Iowa Police Interrogations | Miranda Rights | Case Study, Domestic Abuse Protection Orders in Omaha. Sometimes people are arrested with a small amount of drugs but also possess scales, baggies, and cell phones full of text messages about drug transactions. After conversations with the accused, an attorney can contact the prosecutors office to discuss the case. A conviction, whether it is diversion, plea deal or jury trial, will leave you with a criminal record. (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. 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. historic sites, or recreational areas, including all publicly owned buildings You need Michael Bixon representing your rights. This means that though the drugs were in a persons possession, the drugs were not actually theirs. Please call (888) 205-9314. Bixon Law, well assist you in strategizing the best possible defense in your These may include: Possession of schedule one and schedule two drugs often face felony charges. Lawson and Berry Repeat offenders for drug trafficking face even stronger mandatory minimum jail sentences. Theres a lot of people in this state that will benefit.3, Any individual convicted of a drug possession crime is subject to the loss of their drivers license. Save my name, email, and website in this browser for the next time I comment. After your arrest, you have the right to remain silent and to get a lawyer. There are some exceptions for possessions of small amounts of marijuana. 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! You want to challenge a wiretap as well. There is a big difference between simple possession of an illegal drug and possession with intent to distribute. Possession of Schedule III, IV, or V Drugs: warrant 1-5 years incarceration. 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. A sentence of at least 10 years is required for quantities between 14 and less than 28 grams. If you have any previous drug possession convictions, that will increase the length of your drivers license suspension. 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. Virginia code 18.2-250.1 makes possession of marijuana a Misdemeanor offense. The State Cannot Prove the You Knowingly Possessed a What is the assumed intent (i.e., personal use, distribution/trafficking, etc.)? The results in a criminal case depend on the circumstances and specifics of the case. 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. Examples of Schedule IIN stimulants include: amphetamine (Dexedrine, Adderall), methamphetamine (Desoxyn), and methylphenidate (Ritalin). The gun charge raises the stakes of the criminal case considerably. Some examples of Schedule I drugs are: heroin, lysergic acid diethylamide (LSD), marijuana (cannabis), 3,4-methylenedioxymethamphetamine (ecstasy), methaqualone, and peyote. An arrest based on invalid consent is generally suppressed, which means the result of the search cannot be used as evidence against the individual arrested at trial. 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. Call us to talk about your case today. 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. I learned the hard way that only certain counties in Georgia go easy on possession of small amount of pot. WebSome marijuana possession cases can be dismissed, or changed to another less impactful local or state offense. In your house its stored and you know its there. the activities are being conducted may have or carry on his or her person a The Georgia Senate introduced Senate Bill 609 which would require the medical cannabis commission to begin issuing licenses in 2022. A judge can say that there was not enough evidence, so the wiretaps can be excluded. 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. 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. have or carry on his or her person a weapon or long gun on his or her property Mere presence alone is not enough. Look at the diagnoses that we have in our law. Drug possession is the willful possession of illegal substances, such as marijuana, cocaine, methamphetamine, heroin, ecstasy, etc. 16-13-30(j) and 16-13-31(c). However, if you violate the probation, your case will be sent to trial and you will potentially face the maximum sentence for a first-time offender. Additional charges may be forthcoming, according to the Grovetown Police Department. Possession of more than one ounce is a felony, punishable by a term of incarceration of between 1 and 10 years. possessing a handgun or long gun who is eligible for a weapons carry license There are a number of ways that this may be possible such as proving an illegal traffic stop or other flaws in police work. See my suspended license penalties page for details. If you have cocaine or methamphetaminein Georgia, if it is 28 grams or greater, it is a case of drug trafficking. Aside from that, it comes down to the will of the prosecutor vs. the skill of your criminal defense lawyer. She hired a lawyer at the last minute and got the First Offender thing. penalties for violating Georgias gun laws. We invite you to call us at 404-551-5684 for a free consultation today. Pleading for lesser charges or an alternative offer may be a way for you to drastically reduce penalties or have them dropped completely. There is a minimum sentence of 25 years with more than 400 grams of cocaine. she knowingly has in his or her possession any sawed-off shotgun, sawed-off It is well known that the laws for drug possession, as well as drug manufacture, in Georgia are relatively strict. For two reasons, its possible to have this evidence excluded from the trial. However, the sentencing is different depending on the drug and the amount. You need Michael Bixon representing your rights. Whether or not you can beat the charge of constructive possession depends on many factors one of which, of course, would be the fact that the drugs were found in your room. The Findlaw website states the following, If this is your first conviction there is a mandatory six month drivers license suspension. law. In reality, most of the time, drug possession on its own is a felony offense. These elements must be proved beyond a reasonable doubt. Depending on the weight of the narcotics, the charge could result in a prison sentence as high as 20 to life. The 20-year-old is charged with two counts of possession of child pornography. 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, 16-11-123, a person 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. Berry Law recently won a possession with intent to distribute methamphetamine case in which a young man did not know he was traveling with a drug dealer. Drug trafficking charges in Georgia are based on accusations that a person possesses, sells, distributes or produces a large number of illegal drugs. Consideration of all defense strategies, resolution paths and legal options. This field is for validation purposes and should be left unchanged. When Can a Georgia Resident Possess a Handgun 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? person shall not carry a handgun into a place where it is prohibited by federal Anyone arrested on drug charges could face both State and Federal charges. 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