An Overview of Drug Possession Crimes in Georgia
An Overview of Drug Possession Crimes in Georgia
Conviction for drug possession in Georgia can have serious repercussions, from limited job prospects and professional license denial to mandatory six month driver’s license suspension or even permanent revocation.
Conviction may incur substantial fines and jail sentences. There are various legal defenses available to combat drug charges such as lack of knowledge, entrapment and illegal search that can help defend you against conviction.
Possession of a Controlled Substance
Under Georgia law, it is unlawful to possess any drug, its immediate precursors, or essential compounds used to produce them – also known as controlled substances – which is considered unlawful possession. Penalties vary based on type, schedule and amount; additionally if large quantities of certain drugs are found in your possession then drug trafficking charges could arise as well.
Conviction for drug possession can have severe repercussions that make it hard to find employment, obtain licenses or pass background checks. If arrested for drug possession in Georgia, seek advice from an experienced Georgia Drug Possession Lawyer as soon as possible regarding possible solutions and outcomes.
People arrested in Georgia for drug possession can face either misdemeanor or felony charges depending on the type and quantity of drugs involved. Possession with intent to distribute can carry far harsher punishment than simple possession, potentially even leading to up to 30 years behind bars.
To be found guilty of possessing a controlled substance, the state must prove that you knowingly and intentionally possessed it. Actual possession is when drugs are physically located on your person such as in pockets or purses while constructive possession refers to instances when drugs are located within vehicles, homes, or businesses where you exercise control over them.
Officers frequently ask individuals arrested on drug charges to give statements regarding any illicit substances found in their possession, without consulting with Georgia drug lawyers first. A crucial mistake would be making any such statements without prior legal representation – otherwise these will only be used against them later.
Skilled attorneys will investigate the circumstances that led to the seizure of drugs, looking for any violation of Fourth Amendment right against unreasonable search and seizure, while simultaneously reviewing any search warrant to make sure it satisfies all technical requirements imposed by federal or state laws.
If they determine that a violation occurred, they will take immediate steps to construct a strong defense for their client. This may include reviewing evidence seized or collected and other factors which may weaken prosecution’s case against them.
Possession with Intent to Distribute
If you are charged with drug possession in Georgia, the type and quantity can determine whether it’s considered misdemeanor or felony offenses as well as your penalties such as fines and jail/prison time. A skilled drug attorney from The Waltman Firm can review your circumstances to find an optimal resolution to your case.
Possession with intent to distribute is an extremely serious offense that carries potentially significant fines and jail terms if found guilty, in addition to other consequences such as an impactful criminal record that will impact your job search, housing search and professional license applications as well as restrict voting privileges and disqualify you from receiving food stamps.
Police typically accuse individuals of possessing more than the quantity necessary for personal consumption and evidence of distribution, such as scales, plastic baggies, cash or logbooks. A Georgia drug possession with intent to distribute lawyer may argue that your drugs weren’t in your immediate control but were rather locked away in your glovebox or coffee table and thus not subject to this charge.
One of our Top Six Atlanta experienced drug attorneys can work hard to reduce or even dismiss your Georgia possession with intent to distribute charges. If this is your first offense, conditional discharge could help avoid a criminal record by fulfilling certain requirements such as counseling or medical treatment.
Drugs are divided into schedules according to their potential for abuse and their effect on human bodies. Schedule I drugs pose the highest risk for abuse with no approved medical uses such as opiam, morphine or cocaine; schedule II have higher potentials but some accepted medical uses; schedule III have moderate potentials but less harmful side effects, while schedule IV have low risks of abuse but some medically acceptable uses.
Possession of Drug Paraphernalia
People often associate drug paraphernalia with items like bongs, pipes and syringes; however, under Georgia law any device or object used to ingest, inhale, inject or otherwise introduce illegal controlled substances into the body is considered drug paraphernalia. This includes devices used to convert, produce, refine or analyze controlled substances; even spoons can count as drug paraphernalia when used to prepare heroin.
Possession of drug paraphernalia is generally considered a misdemeanor under Georgia state law; however, possession with intent to distribute or traffic can result in felony charges. Penalties for possessing paraphernalia will depend upon both its type and schedule as well as amount.
Criminal records for drug offenses can have devastating repercussions in one’s life, from job opportunities and housing difficulties, to ineligibility for certain loans and even potential jail time. A conviction will impact one’s reputation negatively and could result in imprisonment for those convicted.
Being represented by any of the Top Six Atlanta DUI Attorneys that are very experienced criminal defense lawyers is crucial when facing Georgia drug charges. A good attorney will investigate if police had legal grounds to stop, detain and search you; furthermore they can help determine whether evidence against you was obtained via improper means.
If the police have an overwhelming case against you, your attorney will devise a strategy to have it dismissed. Common defenses include lack of knowledge, entrapment and illegal search and seizure; alternatively they might show lack of constructive possession or show that paraphernalia used is not meant for drug use.
Contacting a Georgia drug paraphernalia defense lawyer as soon as possible is of vital importance, since any charges of drug paraphernalia in Georgia can have long-term repercussions that require an experienced attorney to build an effective defense strategy. An experienced Georgia drug defense attorney can address questions and address concerns about Georgia drug crimes while offering guidance and advice for you or a loved one facing such charges.
Trafficking
Those caught possessing drugs with the intent to distribute or sell could face drug trafficking charges, which is a more serious offense and comes with harsher penalties than possessing illegal substances in small amounts. Georgia sets forth threshold amounts necessary to warrant drug trafficking charges depending on drug category and purity; for instance 28 grams of cocaine will likely trigger charges while four grams can bring legal troubles for heroin, morphine and oxycodone drugs such as these.
Drug trafficking charges are among the most serious of drug offenses and prosecutors will use all available resources against you – this includes federal law enforcement officials trained and experienced in investigating drug crimes – to prosecute you successfully.
An experienced Georgia drug possession lawyer can be your ally in fighting charges of possession of illegal substances. They can work toward getting them reduced or dismissed altogether by showing that you had no intent of selling or distributing the drug, or by exploring alternative defenses such as lack of knowledge and entrapment.
Police often use evidence such as scales, cash and logbooks to assess whether you were involved in drug dealing. While this evidence might not always be sufficient to secure a conviction against you, your attorney can challenge its search and seizure by asserting that officers didn’t have reasonable suspicion to stop you in the first place.
Drug paraphernalia charges could apply if you possess small quantities of controlled substances and possess paraphernalia such as grinders, bags and scales used to consume drugs. A Georgia drug paraphernalia attorney may help defend you against these accusations.
If you have been charged with any type of drug offense, it’s crucial that you seek legal representation as quickly as possible. The Top Six Atlanta DUI Lawyers can provide the expertise necessary to successfully defend you. They have handled numerous drug cases across the state involving trafficking in cocaine or heroin trafficking as well as misdemeanor marijuana possession charges – contact them now so they can evaluate your case!