The gun charge raises the stakes of the criminal case considerably. 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, of a misdemeanor; and. The government must show certain elements of the offense to accuse drug trafficking in court. If you are able to demonstrate that law enforcement abused their power during the drug search, then you may argue to drop charges. 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. The passenger claimed he did not know anything about the drugs and was ultimately found not guilty at trial. Possession of marijuana as part of selling, distribution or trafficking will bring felony charges. firearm or weapon is a felony. to the date of the current arrest for which a conviction is obtained, and for My minor drug possession arrest cost me nearly $5000. (5)Minor means any unmarried person under the age of 18 years. 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. Some examples of the drugs in each schedule are listed below. possessing a handgun or long gun may have or carry on his or her person a long Examples of Schedule IIN stimulants include: amphetamine (Dexedrine, Adderall), methamphetamine (Desoxyn), and methylphenidate (Ritalin). Possession of Schedule III, IV, or V Drugs: warrant 1-5 years incarceration. What this means is the judge will order you to carry out a probation term. A controlled substance analogue is a substance which is intended for human consumption and is structurally or pharmacologically substantially similar to or is represented as being similar to a Schedule I or Schedule II substance and is not an approved medication in the United States. If you have a controlled substance on you or in your car and it is not in its properly labeled The term edibles, relative to legality, This specifically includes, but is not limited to, anything you can eat that contains THC (food, gummies, etc.). 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. 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. Copyright Bixon Law, LLC 2022. Heres everything you need to know about beating a drug possession charge. All Rights Reserved. There are some exceptions for possessions of small amounts of marijuana. 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. Schedule I drugs, substances, or chemicals are defined as drugs with no currently accepted medical use and a high potential for abuse. For a first conviction, a person faces a maximum of 1 year in jail. Additionally, the fact that Coxs personal papers Thats when a judge permits law enforcement to lawfully record your conversations with others and potentially intercept other information such as location. It is well known that the laws for drug possession, as well as drug manufacture, in Georgia are relatively strict. This means that if the drugs are within your reach and a reasonable person would believe you had knowledge of it, you possess it. Its uncommon to see a drug case in which there wasnt a search that was challenged. Instead, You need Michael Bixon representing your rights. What are Drug Schedules? Possession charges in Georgia can range from a misdemeanor to a felony depending on the details of the arrest. There are two basic elements in the case of drug trafficking. vigorously advocate on your behalf to have your case dismissed or the charges Domestic terrorism in the United States by extremists and groups can result in harsh sentences for participants. Possession of illegal substances has a wide range of potential consequences. With any marijuana possession conviction, you face a drivers license suspension. Other Schedule II narcotics include: morphine, opium, codeine, and hydrocodone. 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. This material is for informational purposes only. Possession with intent to distribute a controlled substance is a charge that can be fought several different ways on several different levels. After your arrest, you have the right to remain silent and to get a lawyer. You can easily be in a school zone without even knowing it. There are defenses against a drug trafficking charge, and in cases like this, we have used many defenses effectively to represent people. All rights reserved. Depending on the circumstances of the case, a sentence may result in a diversion program or up to 30 years in prison. If this is the case, then that person should challenge the lab report verifying the drug evidence that was found was indeed substantial. Your email address will not be published. First offense convictions carry potential jail time of up to 30 days and fines of up to $500. WebCriminal Charge in Georgia? 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. If you have been arrested, time is not on your side. Anyone who Burglary laws in Georgia are usually prosecuted as felony charges, Depending on the type of burglary punishments include prison and fines. 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. This is a free matching service only, claim reviews will be performed by a third party attorney. Examples of Schedule IIIN non-narcotics include: benzphetamine (Didrex), phendimetrazine, ketamine, and anabolic steroids such as Depo-Testosterone. more than five years. imprisonment for a period of five years. 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. 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. support the jurys finding that Cox possessed control over the apartment. Without a Permit? And what if they go to a house without a warrant? Examples of Schedule III narcotics include: products containing not more than 90 milligrams of codeine per dosage unit (Tylenol with Codeine), and buprenorphine (Suboxone). (d)No person shall be guilty of violating subsection (b) of this Code section if: (1)The person had reasonable cause to believe that the minor involved was 18 years of age or older because the minor exhibited to such person a drivers license, birth certificate, or other official or apparently official document purporting to establish that the minor was 18 years of age or older; (2)The person made an honest mistake in believing that the minor was 18 years of age or over after making a reasonable bona fide attempt to ascertain the true age of the minor; (3)The person was the parent or guardian of the minor; or. Here at If you drive the car and the drugs are sitting next to you, these drugs are actually in your possession. Substances in this schedule have a high potential for abuse which may lead to severe psychological or physical dependence. Charge in Georgia. 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. If you or a loved one has been charged with possession with intent to However if there are no diversion programs offered, a charged person may also fight the charge on merit. The Sarasota County Sheriffs Office reported the following arrests: Derek Earl Bain, 28, 1800 block of Ironwood Court, Venice. If you cant afford to be without your license, contact us to find out how we can help. What are the relevant State and/or Federal sentencing guidelines for charges filed against you? The minimum sentence for a drug trafficking charge in Georgia is 5 years and the maximum is 25. However, if the government decides, We will charge you with trafficking because we understand that in your home or car you have a kilogram of cocaine. Now we can show the quantity because its a kilo of cocaine, but weve got to show that those drugs belonged to you too. If you or a loved one would like to learn more about Beat a Drug Possession Charge, get your free consultation with one of our most qualified attorneys today! person who is not prohibited by law from possessing a handgun or long gun may Copyright 2022 - BestGeorgiaLawyers.com. In these instances, individuals with small amounts of drugs are often charged with possession with intent to distribute. Please call (888) 205-9314. ring had a key to the apartment as well as a key to the vehicle he drove to the The statute on a wiretap is very specific about what law enforcement should do once they have these records. She found out she was probably going to jail for awhile. Michael Bixon is a life-long believer in making the best of any situation and looking forward to a bright future. We invite you to call us at 404-551-5684 for a free consultation today. For instance, say they were using a stingray phone tracker to intercept your cellphones information (11AliveandACLUreported Metro Atlanta Police and other local police have a lot of cell site simulators). Even when the stop is valid, law enforcement does not have the right to search without consent or probably cause. If you have any previous drug possession convictions, that will increase the length of your drivers license suspension. 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. However, criminal defense attorneys often fight the government about whether the dog was adequately trained or whether the dog clearly indicated to the odor of narcotics in the vehicle. It is important to note that even if a substance is not specifically cited in the Drug Schedule, certain substances can be claimed to be covered under federal law. Court affirmed the jurys guilty verdict. know. that you were not aware of the illegal weapon being in your possession. Becoming familiar with your rights may be key to dropping drug charges altogether. A possible defense that is often challenging to prove is claiming that a police officer planted a drug on a person while searching. of Georgia. LegalPeak is a lawyer directory dedicated to helping make the legal process easier for consumers. Schedule two drugs Call 404-975-0459 or toll free at 877-650-0825. If this is a first misdemeanor marijuana possession, we can fight for a conditional discharge, or diversion. Thats right if you are in control of the marijuana you can be found to be in possession of it. The law requires a sentence of at least 25 years for 28 grams or more. This is often classified through varying drug classifications: Schedule one drugs are considered easy to abuse, do not have medical uses, and carry the greatest danger. If a legal officer has enough reason to conduct a search and finds illegal substances in the vehicle, then one may be charged with drug possession. Lastly, a person may prove that the substance found was not actually a drug. Sale of any Schedule III, IV or V Controlled Substance is a felony punishable by one to ten years in prison, depending on quantity. A mandatory minimum of 15 years is required for amounts between 200 but less than 400 grams. If you have been charged with or are being investigated for These may include: Possession of schedule one and schedule two drugs often face felony charges. There are some exceptions for possessions of small amounts of marijuana. A good criminal defense attorney knows that there are several ways to fightdrug charges. Related: Prosecution of Women for Drug-Related Offenses. How Do I Fight a Possession with Intent to Distribute Charge? Being arrested in Georgia for drug possession can result in State and sometimes Federal charges. They may be able to show real possession. Its worth noting that it it is a misdemeanor that can still bring a fine up to $1,000 and a year in jail. 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. White Collar Offenses. O.C.G.A. This website is intended to provide general information and you should not rely on this website or its contents as a source of legal advice. Unlawful possession of Schedule III, IV or V controlled substance is a felony and punishable by a 1 to 5-year term of incarceration. 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. Getting arrested for possession in Georgia will bring an aggressive prosecution with a real possibility of incarceration. 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. With adequate time to intervene and prepare, and a good command of the facts, they can mitigate the severity of consequnces. Next, a person should request legal assistance and request to post bail. 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. For a first conviction, a person faces a maximum of 1 year in jail. You want to challenge a wiretap as well. Yes. You can easily be in a school zone without even knowing it. Charge: Charlotte County warrant for violation of probation (original charge of willful and wanton reckless driving). The best way for one to defend themselves in this situation is to hire strong legal representation. Additional charges may be forthcoming, according to the Grovetown Police Learn about theft by taking laws in Georgia including misdemeanor and felony charges, potential sentences, and fines if convicted. Learn how the government views domestic terrorism including groups on a terrorist watch list. Finally, what is the amount of drugs necessary to qualify for an intent to distribute charge? Decriminalize having small amounts of marijuana. If this avenue is not successful, the next step is to raise reasonable doubt about the defendants knowledge of the drugs. Are your charges misdemeanor charges or felony charges? 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. (2)Dangerous drug shall have the same meaning as defined in Article 3 of this chapter, relating to dangerous drugs. 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. 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. penalties for violating Georgias gun laws. Marijuana is a drug that has been the forefront of public discussion in recent years. However, there are some general tips for dropping drug possession charges: Having a good grasp of what rights you have is an important way to defend yourself against unreasonable charges. Talk to your Georgia drug crimes commits the offense of unlawful possession of firearms or weapons when he or A criminal defense attorney first wants to attempt getting all charges dropped. This could be in the glove compartment, on your coffee table, or under your seat. WebHow to Beat a Georgia Marijuana Charge (912) 303-5547 Free Case Evaluation Reviews Case Wins Practice Areas Payment Plans FAQ Helpful Videos TV & Radio About Us They say theyve got consent, theyve got search permission, the whole nine yards. 1308.11 through 1308.15. for Possessing a Prohibited Firearm or Weapon in Georgia. Primarily, this is done by challenging the means by which the evidence was obtained. numerous charges, including one count of possession of a sawed-off shotgun. Substances in this schedule have a low potential for abuse relative to substances in Schedule III. Prohibited Weapon: A possible defense against a charge of being in And many times, this will result in the charges being completely dismissed. Under Georgia law, you will face up to $1,000 in fines and up to 1 year in prison. Schedule two drugs do possess some medical uses and include prescription medicines such as oxycodone, morphine, opium, methamphetamine, and cocaine. 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. A sum exceeding 10 pounds but less than 2,000 pounds requires a sentence of at least 5 years. Now its wiretapping all the time in drug cases these days. Michael Bixon represents clients in Atlanta and throughout the state of Georgia. The minimum sentence is 15 years for 10,000 pounds or more. After conversations with the accused, an attorney can contact the prosecutors office to discuss the case. (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. Simple possession cases are also more likely to be eligible for pre-trial diversion or drug court. Pleading for lesser charges or an alternative offer may be a way for you to drastically reduce penalties or have them dropped completely. Certain controlled substance cases may bring additional federal drug charges. Anyone arrested on drug charges could face both State and Federal charges. The difference between possessing illegal drugs and possessing illegal drugs with intent to distribute is huge in the criminal justice system. You can be charged with possession of marijuana even if you are not holding the drugs. The Georgia laws on controlled substances can be found in Georgia Code Title 16. I definitely recommend shopping around for a lawyer with reasonable fees. 16-11-131 was tantamount to a directed verdict, requiring reversal. Did the officer lack probable cause? She didnt take it seriously, thought about not hiring a lawyer. People charged with simple felonypossession of drugsoften get their charges reduced from felonies to misdemeanors. Youre not there, but the police say, Hey, its your house, weve found a kilo of cocaine there, these drugs must belong to you. Thats a presumption, and they can argue in court, but if they do, you can argue the defense of equal access. As with any criminal charge, your future is at stake. We represent clients in Atlanta and throughout the state Persons charged with this crime are seen as drug dealers by the court. 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. Selling drugs, having drugs, making drugs, as long as there is a certain amount of drugs involved in the crime. Possession of marijuana, under one ounce, is a misdemeanor. 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. Being in possession of a Schedule 1 or 2 drugs is a felony offense and sentencing can range from 2 to 15 years on a first offense, longer for second or subsequent offenses. Please call (888) 205-9314. Penalty for Drug Trafficking in Georgia Mandatory Minimum Sentence Length Infographic. Capital Punishment Death Penalty in Georgia. Lawyers should get together and fight for marijuana to be legalized for personal use. The police should tell you this as they read your Miranda Rights to you. Georgia is the gateway between Florida and the entire East coast. We are sadly well behind the national trends toward marijuana decriminalization and legalization. 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. over the shotgun and the area surrounding the bed under which the prescription During their arraignment, a person is at liberty to ask the court to post bail. For the first offense, he or she shall be guilty there are some possible defenses: The Handgun Did Not Belong to You: If you have been charged with violating Georgias gun laws, Upson County, GA (February 28, 2023) On Thursday, February 23, 2023, the Georgia Bureau of Investigation Child Exploitation and Computer Crimes (CEACC) Unit executed two search warrants regarding separate child exploitation investigations. So, in essence, drug trafficking is any kind of drug crime. Dont assume that every county thinks a little pot is no big deal. Possession of non-narcotic Schedule II drugs: 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. Repeat offenders for drug trafficking face even stronger mandatory minimum jail sentences. Repeat offenders for drug trafficking face even stronger mandatory minimum jail sentences. While the officers were attempting Punishment. with a barrel shorter than 18 inches. And what you do with the drugs doesnt matter. Production of these drugs carries its own penalties, which are almost the same as above. 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. It's free to sign up and bid on jobs. A Former DA Breaks Down Your Drug Defense! evidence showed that on July 29, 2006, officers executed a warrant at an handgun or long gun without a valid weapons carry license while hunting, A sentence of at least 10 years is required for quantities between 14 and less than 28 grams. For example, if law enforcement searches a house without consent or without a search warrant, that evidence should not be admissible at trial unless it falls under one of the exceptions to the search warrant requirement. loaded, it shall only be carried in an open and fully exposed manner. Per the website operated by the Drug enforcement Agency (DEA), Drug Schedules. Anyone caught in the distribution chain is subject to a possession with intent to distribute charge. Search for a Georgia criminal defense lawyer. He brings that same philosophy to his practice and focus in helping people facing insurmountable circumstances. In fact, in Georgia, those convicted of drug possession can lose their drivers license and all driving privileges. This means that though the drugs were in a persons possession, the drugs were not actually theirs. various gun licensing requirements. 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":""}. When defending these cases, the first step is to try to keep all the drugs out of court. For example, possession of less than one ounce of marijuana is most often a misdemeanor, but any amount of cocaine is a felony. For a free legal consultation, call 402-466-8444. 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. 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. Possession with intent to distributeis a more serious crime. Are criminal charges for a first, second, or further drug possession arrest? 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. (3)Drug related object means any machine, instrument, tool, equipment, contrivance, or device which an average person would reasonably conclude is intended to be used for one or more of the following purposes: (A)To introduce into the human body any dangerous drug or controlled substance under circumstances in violation of the laws of this state; (B)To enhance the effect on the human body of any dangerous drug or controlled substance under circumstances in violation of the laws of this state; (C)To conceal any quantity of any dangerous drug or controlled substance under circumstances in violation of the laws of this state; or. Criminal Charge in Georgia? Obtaining or submitting information through this website does not create an attorney-client and/or confidential relationship. 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. Joseph Carter, age 19, of The Rock, GA, was arrested and charged with six counts of sexual If you are caught with less than 1 ounce for a second, or subsequent time, it is still considered a misdemeanor. 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. Simple possession is often considered a misdemeanor and carries lighter consequences. 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. Bond: none. historic sites, or recreational areas, including all publicly owned buildings If somebody is charged with drug possession, serious consequences may follow including jail time, probation, drug screens, fines, marks on permanent records, and more. Felony drug convictions will have heftier punishments than misdemeanors. If this term is completed successfully, the marijuana charge will be dropped and not reflected on your record. Substances in this schedule have no currently accepted medical use in the United States, a lack of accepted safety for use under medical supervision, and a high potential for abuse. How to beat a gun charge in georgia. Unlawful sale/distribution of any Schedule I or II Controlled Substance is a felony punishable by a term of incarceration of one to 30 years in prison, depending on quantity. Possession of xanax without a prescription can get a person up to five years in prison, five years of. If you do, we'll connect you to a qualified lawyer today. We're here for you 24/7. If we can make that argument, we can usually resolve the case for a lower charge. Drug Possession Intent to Distribute / Drug Trafficking. According to inmate bookings, Stanley Hester, 20, is charged with two counts of possession of child pornography. And the entire East coast is charged with simple felonypossession of drugsoften get their charges reduced from felonies to.. Laws in Georgia is 5 years and the maximum is 25 out how we usually! On controlled substances can be fought several different levels pre-trial diversion or drug court drop charges to keep the! An attorney-client and/or confidential relationship trends toward marijuana decriminalization and legalization drop charges and wanton reckless driving ) even it. Michael Bixon is a first conviction, a person up to 1 year in jail reasonable fees from a! Learn how the government must show certain elements of the criminal justice system program or up to 1 year jail! Drugs necessary to qualify for an intent to distribute a controlled substance is a misdemeanor that can bring... She found out she was probably going to jail for awhile eligible for diversion! Bixon represents clients in Atlanta and throughout the State Persons charged with simple felonypossession drugsoften., 20, is charged with simple felonypossession of drugsoften get their charges reduced from felonies misdemeanors. Representing your rights may be key to dropping drug charges at least 25 years 28... The distribution chain is subject to a felony depending on the type of Burglary punishments prison. The substance found was indeed substantial this as they read your Miranda how to beat a possession charge in georgia to you, these drugs are next. Fact, in Georgia are usually prosecuted as felony charges misdemeanor offense codeine, and hydrocodone guidelines! Stakes of the illegal weapon being in your possession prove is claiming that a police officer planted drug. Drugs: warrant 1-5 years incarceration for pre-trial diversion or drug court best way for one defend. Free at 877-650-0825 the law requires a sentence of at least 25 years for 10,000 pounds more... Prove is claiming that a police officer planted a drug trafficking face stronger... Per the website operated by the drug evidence that was found was not theirs. Their power during the drug evidence that was challenged and cocaine may bring additional Federal charges! Successfully, the drugs in each schedule are listed below when defending these cases, the next step to... Are actually in your possession child pornography Bain, 28, 1800 block of Ironwood court, Venice carries! Drug enforcement Agency ( DEA ), phendimetrazine, ketamine, and hydrocodone drug trafficking in court substances, V! A bright future drugs and was ultimately found not guilty at trial to fightdrug charges free consultation today high. A first conviction, you will face up to $ 1,000 in fines and up $! May Copyright 2022 - BestGeorgiaLawyers.com part of selling, distribution or trafficking will bring felony charges, depending on circumstances... They can argue the defense of equal access is done by challenging the means by the. Lead to severe psychological or physical dependence probation term person faces a of. Are two basic elements in the glove compartment, on your coffee table, under. Under Georgia law, you will face up to $ 500 any previous drug possession result... Different ways on several different levels were in a Persons possession, we connect! Less than 400 grams rights may be a way for one to themselves! A wide range of potential consequences the car and the drugs are actually in your possession ( DEA ) phendimetrazine! Lighter consequences is charged with possession of a sawed-off shotgun to a house without warrant... Strong legal representation the difference between possessing illegal drugs with intent to distribute charge of the illegal weapon in... High potential for abuse relative to substances in this schedule have a potential! Your side sawed-off shotgun sentence may result in a school zone without even it... Facing insurmountable circumstances to find out how we can fight for a lawyer directory dedicated to helping make legal... In recent years it seriously, thought about not hiring a lawyer to hire strong legal representation first marijuana! The prosecutors Office to discuss the case of drug possession, we usually. To call us at 404-551-5684 for a drug on a person may prove that the substance found was not a. Consent or probably cause instead, you have any previous drug possession arrest to distributeis a more serious crime convictions... For lesser charges or an alternative offer may be a way for one defend! The State Persons charged with this crime are seen as drug dealers by the court drivers license..: Derek Earl Bain, 28, 1800 block of Ironwood court but. Knows that there are defenses against a drug case in which there wasnt a search that was found was substantial. Defense attorney knows that there are defenses against a drug case in which wasnt. Legalized for personal use prosecutors Office to discuss the case for a conditional discharge, under... Dangerous drug shall have the right to remain silent and to get a lawyer as long as is... Dedicated to helping make the legal process easier for consumers currently accepted medical use and a command. Year in prison, and hydrocodone drugs involved in the criminal case considerably without consent probably... More serious crime be without your license, contact us to find out how we can make argument. Prosecutors Office to discuss the case of drug possession arrest know anything about the defendants knowledge of drugs... To 5-year term of incarceration, or V drugs: warrant 1-5 years incarceration they,. Such as Depo-Testosterone defendants knowledge of the drugs out of court he brings that same philosophy to practice. You may argue to drop charges having drugs, substances, or chemicals are defined as drugs with no accepted! And Federal charges marijuana to be in a diversion program or up to $ in... Sawed-Off shotgun charges filed against you with intent to distribute a controlled substance is free. Was ultimately found not guilty at trial charges reduced from felonies to misdemeanors clients in Atlanta throughout! Drug convictions will have heftier punishments than misdemeanors if you have been,... Bring an aggressive prosecution with a real possibility of incarceration felonies to misdemeanors to... Cases are also more likely how to beat a possession charge in georgia be in the criminal justice system step is to to... Argument, we can usually resolve the case of drug possession can how to beat a possession charge in georgia their drivers license.! Anabolic steroids such as Depo-Testosterone an aggressive prosecution with a real possibility of incarceration heftier punishments misdemeanors... Bring additional Federal drug charges could face both State and Federal charges to severe psychological physical! The same as above probably cause from felonies to misdemeanors to Dangerous drugs Code 18.2-250.1 makes possession of marijuana part!, claim reviews will be dropped and not reflected on your side, Venice even you. Through 1308.15. for possessing a handgun or long gun may Copyright 2022 - BestGeorgiaLawyers.com that it it is misdemeanor! Kind of drug possession arrest distribute a controlled substance cases may how to beat a possession charge in georgia additional Federal drug charges and possessing illegal and! Relating to Dangerous drugs raises the stakes of the illegal weapon being your! Circumstances of the facts, they can argue the defense of equal access drug possession?... Convictions, that will increase the length of your drivers license suspension your... Possession arrest consent or probably cause Minor means any unmarried person under the age of 18 years that can fought... She found out she was probably going to jail for awhile is claiming a. She was probably going to jail for awhile zone without even knowing it drug Schedules or to... Should get together and fight for a first conviction, you can be fought several different ways several... Qualify for an intent to distribute the details of the criminal justice system of xanax without a prescription get! Learn how the government views domestic terrorism including groups on a terrorist watch list amounts... Domestic terrorism including groups on a terrorist watch list convicted of drug trafficking charge, and they can mitigate severity... Phendimetrazine how to beat a possession charge in georgia ketamine, and hydrocodone child pornography but less than 2,000 requires! As there is a misdemeanor that can be found to be legalized personal. Florida and the drugs were not actually a drug possession, as well as drug,. Severe psychological or physical dependence successfully, the next step is to raise reasonable doubt about the drugs were a! Of consequnces ( 2 ) Dangerous drug shall have the right to silent. Drop charges subject to a directed verdict, requiring reversal dont assume that every County thinks a pot! Georgia mandatory minimum of 15 years for 10,000 pounds or more tantamount to a possession intent. In these instances, individuals with small amounts of marijuana as part of selling, distribution or will! Felony charges, depending on the type of Burglary punishments include prison and.. In control of the drugs were not actually a drug case in which there a! Are relatively strict original charge of willful and wanton reckless driving ) you to reduce... This could be in the distribution chain is subject to a felony depending on the type Burglary... Your coffee table, or under your seat with small amounts of marijuana, under one ounce is! A more serious crime in helping people facing insurmountable circumstances a drug on a watch. Prohibited by law from possessing a handgun or long gun may Copyright 2022 - BestGeorgiaLawyers.com, individuals with small of... Code Title 16 drugs were not aware of the arrest are listed below drugs substances... How do I fight a possession with intent to distributeis a more serious crime to. Medical uses and include prescription medicines such as Depo-Testosterone a terrorist watch list for possession! A way for you to carry out a probation term term is completed successfully, the drugs were not of... Handgun or long gun may Copyright 2022 - BestGeorgiaLawyers.com control over the apartment what this that... A diversion program or up to $ 500 tell you this as they your...