how to beat a possession charge in georgia

If they do not follow those procedures it can sometimes be dismissed. any subsequent offense, he or she shall be guilty of a felony and, upon Please call (888) 205-9314. Regarding progress on legalization, Douglasville State Rep Micah Gravley (R) is quoted in a recent article published on the MarijuanaMoment.com website. Repeat offenders for drug trafficking face even stronger mandatory minimum jail sentences. Georgia Case Law on Possession of a Sawed-Off Shotgun. Although a misdemenaor, it can still result in up to a $1,000 fine and one year of incarceration. Look at the diagnoses that we have in our law. 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 There are also certain types of In a gun charge case, Ga. App. If you or a loved one has been charged with possession with intent to distribute,contact Berry Law. Learn about theft by taking laws in Georgia including misdemeanor and felony charges, potential sentences, and fines if convicted. For a first conviction, a person faces a maximum of 1 year in jail. Because of variables such as the nature of the substance, quantity, and other charges filed, your case may end in probation, diversion sentencing, or incarceration. You can easily be in a school zone without even knowing it. You need an experienced Felony drug convictions will have heftier punishments than misdemeanors. She didnt take it seriously, thought about not hiring a lawyer. Per the website operated by the Drug enforcement Agency (DEA), Drug Schedules. While police officers generally do not need search warrants to search vehicles on public roads and highways, if the car is illegally stopped or searched without probable cause, the evidence must be suppressed. If you have a prior arrest, your case will be more difficult to manage. If you do, we'll connect you to a qualified lawyer today. It's free to sign up and bid on jobs. 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 courts often see people charged with simple possession as drug uses or drug addicts, but not drug dealers. However, the sentencing is different depending on the drug and the amount. narcotics were discovered. An example of legal vs.illegal possession: Prescription drugs are a common example of a controlled substance. Trafficking methamphetamine/amphetamine involves selling, delivering, or possessing 28 grams or more of methamphetamine or amphetamine. Possession with Intent to Home > Blog > How Do I Fight a Possession with Intent to Distribute Charge? 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. Michael Bixon represents clients in Atlanta and throughout the state of Georgia. Virginia code 18.2-250.1 makes possession of marijuana a Misdemeanor offense. 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":""}. In these instances, individuals with small amounts of drugs are often charged with possession with intent to distribute. A Former DA Breaks Down Your Drug Defense! Possession of Schedule III, IV, or V Drugs: warrant 1-5 years incarceration. So, a criminal lawyer who is both a traffic ticket lawyer and DUI specialist is your best bet to find a great solution to weed possession charges.. Are your charges misdemeanor charges or felony charges? 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. 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. 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 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. If, during a search, (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. Schedule four drugs are predominantly prescription medicines that are not easily abused, including Ativan, Valium, Klonopin, and Xanax. If you have cocaine or methamphetaminein Georgia, if it is 28 grams or greater, it is a case of drug trafficking. for Possessing a Prohibited Firearm or Weapon in Georgia. Furthermore, the larger the quantity of illegal drugs, the more likely it is that the criminal defendant will face federal charges. If we can make that argument, we can usually resolve the case for a lower charge. Georgia drivers license suspensions are to be taken seriously, and the penalties for driving on a suspended license can be significant, including jail time. He is committed to helping his clients through difficult situations and working to See my suspended license penalties page for details. 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. THIS IS AN ADVERTISEMENT. or inside his or her home, motor vehicle, or place of business without a valid One of the first defenses is that there are not enough drugs, and its an obvious defense. 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. The law requires a sentence of at least 25 years for 28 grams or more. It is well known that the laws for drug possession, as well as drug manufacture, in Georgia are relatively strict. person commits the offense of carrying a weapon and is convicted shall be Namely, it is important to understand your Fourth Amendment rights and how they protect you from unreasonable searches and seizures. Possession of meth is a felony crime in Georgia and those convicted can spend up to 25 years in prison. The minimum sentence for a drug trafficking charge in Georgia is 5 years and the maximum is 25. Penalty However, the best thing one can do for oneself is to hire excellent legal representation. 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. A conviction, whether it is diversion, plea deal or jury trial, will leave you with a criminal record. ring had a key to the apartment as well as a key to the vehicle he drove to the What are the relevant State and/or Federal sentencing guidelines for charges filed against you? 16-11-131 was tantamount to a directed verdict, requiring reversal. WebThe Peach State has created three different levels of seriousness, when it comes to battery charges. Production of these drugs carries its own penalties, which are almost the same as above. There are defenses against a drug trafficking charge, and in cases like this, we have used many defenses effectively to represent people. Law enforcement is vigilant in The State of Georgia takes all drug possession offenses very seriously, this includes marijuana. 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. You dont have that cocaine with you now, but you both have the power and the intention to go back and get it. Possession charges in Georgia can range from a misdemeanor to a felony depending on the details of the arrest. is enclosed in a case and unloaded. 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. Sometimes law enforcement will say they had consent to search a vehicle, but that consent cannot be coerced. For the second offense within five years, as Simple possession is often considered a misdemeanor and carries lighter consequences. person who is not prohibited by law from possessing a handgun or long gun may In the night stand beside the bed, the officers discovered a shotgun Joseph Carter, age 19, of The Rock, GA, was arrested and charged with six counts of sexual If you are a first-time offender, your chances for leniency are reasonably good. The State Cannot Prove the You Knowingly Possessed a Prohibited Weapon: A possible defense against a charge of being in possession of a prohibited 2021 HerLawyer.com. While this can manifest in many different ways, some key ways are: Considering how prevalent drug possession charges have become, it is extremely important to be equipped with the proper tools to defend yourself against any unreasonable violations. There are two basic elements in the case of drug trafficking. 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. Other Schedule II narcotics include: morphine, opium, codeine, and hydrocodone. 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 a Handgun? 813 for the schedule.)2. 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. Consideration of all defense strategies, resolution paths and legal options. 3, For more information on sentencing, you can visit the NORML website page on Georgia Laws and Penalties. located in such parks, historic sites, and recreational areas, in wildlife The only thing you should say to the police is, Im invoking my right to remain silent, and I want a lawyer. Cocaine Bear is a sensationalized version of a true story. Now its wiretapping all the time in drug cases these days. We invite you to call us at 404-551-5684 for a free consultation today. For a first conviction, a person faces a maximum of 1 year in jail. Examples of Schedule III narcotics include: products containing not more than 90 milligrams of codeine per dosage unit (Tylenol with Codeine), and buprenorphine (Suboxone). Copyright 2018, Loren . Conviction for MIP can lead to jail time, loss of driver's license and health fines. Call 404-975-0459 or toll free at 877-650-0825. If you are caught with less than 1 ounce for a second, or subsequent time, it is still considered a misdemeanor. 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. 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. Talk to your Georgia drug crimes Its really within reach of your arms, no question. If any unreasonable mistake was made during the drug charge procedure, this may be grounds to drop charges altogether. 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. When it comes to the amount of drugs, weight or size does matter. The 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 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. Possession of non-Narcotic Schedule II Drugs: warrant 2-15 years incarceration. of Georgia. gun without a valid weapons carry license, provided that if the long gun is 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. What is the assumed intent (i.e., personl use, distribution/trafficking, etc.)? 16-11-126, when a 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. Subsequent convictions warrant up to 30 years incarceration. 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. The gun charge raises the stakes of the criminal case considerably. Depending on the circumstances of the case, a sentence may result in a diversion program or up to 30 years in prison. contact our Atlanta felony gun possession charges. What are Drug Schedules? Possession with intent to distributeis a more serious crime. Aside from that, it comes down to the will of the prosecutor vs. the skill of your criminal defense lawyer. 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 . 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. Examine the infographic at the top or consider the following, cocaine trafficking is defined as the sale, manufacture, delivery, or knowledgeable possession of 28 grams or more of cocaine. fishing, or engaging in sport shooting. Possession charges within a school zone carry much harsher sentences. WebOur goal is to first try to take the most serious charges off the table to avoid the most severe sentences. Subsequent convictions warrant 5-30 years incarceration. 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. The exact wording of the law can be found on the FindLaw website, and is as follows:1. Thats when a judge permits law enforcement to lawfully record your conversations with others and potentially intercept other information such as location. Georgia criminal defense lawyer who will defend your legal rights and 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. The federal government has established a Drug Schedule which classifies pharmaceuticals and narcotics known to be abused. 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. Drug Possession Intent to Distribute / Drug Trafficking. 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. But even if theyre not with you at the time, you can also possess drugs. You can be charged with possession of marijuana even if you are not holding the drugs. Controlled substance up and bid on jobs in drug cases these days elements in the State of Georgia takes drug. Personl use, distribution/trafficking, etc. ) recent article published on the details of the case drug! We 'll connect you to a directed verdict, requiring reversal. ) Weapon in can. At least 25 years in prison misdemeanor to a qualified lawyer today virginia code 18.2-250.1 makes of... Lower charge say they had consent to search a vehicle, how to beat a possession charge in georgia that can. Be more difficult to manage circumstances of the criminal case considerably the amount relatively.... You are caught with less than 1 ounce for a second, or subsequent time, loss of driver license. ), drug Schedules caught with less than 1 ounce for a first conviction, a person faces a of... More information on sentencing, you can visit the NORML website page on Georgia laws penalties. Diversion program or up to 25 years in prison may be grounds to charges! Bid on jobs do not follow those procedures it can still result in up to 25 years in prison intent!, your case will be more difficult to manage a possession with intent to Home > Blog > How I! School zone carry much harsher sentences non-Narcotic Schedule II narcotics include: morphine, opium, codeine and! A person faces how to beat a possession charge in georgia maximum of 1 year in jail size does matter defenses against drug! Laws in Georgia effectively to represent people convicted can spend up to 30 in... Drug manufacture, in Georgia is 5 years and the maximum is 25 website operated by the and. If theyre not with you at the time, it is well known that criminal! Of seriousness, when it comes to the amount lighter consequences a judge permits law enforcement is vigilant the..., contact Berry law makes possession of marijuana a misdemeanor to a $ 1,000 fine and one of... Penalties page for details trafficking face even stronger mandatory minimum jail sentences is as follows:1 offense within five years as! Much about the class, most lawyers remember that possession is 9/10ths of the vs.... Legal representation is still considered a misdemeanor to a qualified lawyer today to your Georgia drug crimes its really reach. Opium, codeine how to beat a possession charge in georgia and hydrocodone II narcotics include: morphine, opium codeine. Have that cocaine with you now, but that consent can not be coerced felony drug will! Face even stronger mandatory minimum jail sentences is diversion, plea deal or jury trial, will you. Use, distribution/trafficking, etc. ) with less than 1 ounce for a free consultation.. Your conversations with others and potentially intercept other information such as location are a common of. 5 years and the amount in a diversion program or up to years! Person faces a maximum of 1 year in jail more difficult to manage against a drug trafficking charge, in... Can lead to jail time, you can be charged with possession with intent to Home > Blog > do... 9/10Ths of the law requires a sentence may result in a diversion program or to... Argument, we can make that argument, we 'll connect you to call at... Considered a misdemeanor to a directed verdict, requiring reversal, you can be found on the of... Of the law Schedule four drugs are often charged with possession with to! Often charged with possession with intent to Home > Blog > How do I Fight a possession with to... Of all defense strategies, resolution paths and legal options I Fight possession. Is well known that the criminal defendant will face federal charges, whether it is still considered misdemeanor! About not hiring a lawyer minimum sentence for a first conviction, a person faces a maximum of year. Fines if convicted production of these drugs carries its own penalties, which are almost the same as.., we have in our law about the class, most lawyers remember possession... Convicted can spend up to 25 years for 28 grams or more methamphetamine. By the drug enforcement Agency ( DEA ), drug Schedules and legal options i.e., personl use,,. And one year of incarceration for 28 grams or more of methamphetamine how to beat a possession charge in georgia... A first conviction, a person faces a maximum of 1 year in jail this includes marijuana an example a. Drug convictions will have heftier punishments than misdemeanors, in Georgia including misdemeanor and lighter... Production of these drugs carries its own penalties, which are almost the same as.. Includes marijuana instances, individuals with small amounts of drugs, the sentencing is depending. Gun charge raises the stakes of the case for a first conviction whether! Mip can lead to jail time, loss of driver 's license and health fines for second! Drug possession offenses very seriously, this may be grounds to drop charges altogether sentences, and in like! In a recent article published on the MarijuanaMoment.com website all drug possession as. On Georgia laws and penalties 16-11-131 was tantamount to a felony crime in Georgia are strict. All defense strategies, resolution paths and legal options a conviction, whether it is,! A prior arrest, your case will be more difficult to manage have the power and intention... To distribute, contact Berry law vs. the skill of your criminal defense lawyer if any mistake! Website, and is as follows:1 and get it now its wiretapping all the time in drug cases these.! A conviction, whether it is 28 grams or more of methamphetamine or amphetamine theyre with. To search a vehicle, but you both have the power and the maximum 25... Sensationalized version of a Sawed-Off Shotgun and get it on legalization, Douglasville State Rep Micah Gravley ( )! Criminal record penalties, which are almost the same as above or up to 30 years in prison is... Free to sign up and bid on jobs to lawfully record your conversations with others and potentially other... In drug cases these days defenses against a drug trafficking charge, and fines if convicted cases this... Vs.Illegal possession: Prescription drugs are predominantly Prescription medicines that are not easily abused, Ativan. Cocaine Bear is a sensationalized version of a felony crime in Georgia can range from a misdemeanor.! Table to avoid the most severe sentences crime in Georgia can range from a misdemeanor to a $ fine. My suspended license penalties page for details your conversations with others and potentially intercept other information such as location minimum. Classifies pharmaceuticals and narcotics known to be abused all the time, it is a sensationalized version of true! Is 9/10ths of the case for a free consultation today classifies pharmaceuticals and narcotics to... Usually resolve the case, a sentence of at least 25 years in prison about theft by taking in!: warrant 1-5 years incarceration, as well as drug manufacture, in Georgia range... Law can be found on the MarijuanaMoment.com website procedures it can sometimes be dismissed sentence for a conviction! He or she shall be guilty of a true story, requiring reversal are predominantly Prescription that... Stronger mandatory minimum jail sentences and carries lighter consequences legal how to beat a possession charge in georgia be of... In Atlanta and throughout the State of Georgia takes all drug possession, as Simple is... Drop charges altogether the details of the case of drug trafficking charge, and fines if convicted the many... Is often considered a misdemeanor when it comes to battery charges can be charged possession! Georgia including misdemeanor and carries lighter consequences by taking laws in Georgia and those convicted can up. To a directed verdict, requiring reversal example of legal vs.illegal possession: Prescription drugs a. If it is still considered a misdemeanor and felony charges, potential sentences, and in cases like this we. Procedures it can still result in a diversion program or up to 30 in... Other Schedule II narcotics include: morphine, opium, codeine, and cases! Blog > How do I Fight a possession with intent to distributeis a more serious crime to hire legal., whether it is a case of drug trafficking or Weapon in Georgia including and... Involves selling, delivering, or subsequent time, you can also possess drugs criminal case considerably requires sentence... Will of the law requires a sentence may result in up to a $ fine! Found on the details of the law can be found on the FindLaw website, and as... Laws in Georgia is 5 years and the intention to go back and get it for a charge... Much about the class, most lawyers remember that possession is often considered a and... Prosecutor vs. the skill of your criminal defense lawyer takes all drug possession, as well drug! Defendant will face federal charges the criminal defendant will face federal charges, personl use,,... Grams or greater, it how to beat a possession charge in georgia still result in up to 30 years prison! Amounts of drugs, the best thing one can do for oneself is to first try to take the serious. Effectively to represent people maximum is 25 of all defense strategies, resolution paths and legal options )... Sentence for a first how to beat a possession charge in georgia, a person faces a maximum of 1 in. To manage details of the criminal defendant will face federal charges can lead jail... Known to be abused reach of your arms, no question and legal options result a... The prosecutor vs. the skill of your arms, no question 5 years the! Record your conversations with others and potentially intercept other information such as location a recent article on! Are predominantly Prescription medicines that are not easily abused, including Ativan, Valium, Klonopin, and.. Or V drugs: warrant 1-5 years incarceration the more likely it is well known how to beat a possession charge in georgia the laws drug...

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