Effective and active communication to make sure that you understand all the possible consequences of a drug trafficking conviction and communicate possible decisions about your case. 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. The first element is that the government must demonstrate that the person knowingly sold, delivered, produced, or possessed a certain amount of drugs. You can easily be in a school zone without even knowing it. 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. against you reduced. Criminal Charge in Georgia? Any person with a valid hunting or fishing The only difference is that a minimum sentence of 10 years is required to manufacture any amount below 200 grams. 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. This includes any steps taken to make illegal narcotics The gun charge raises the stakes of the criminal case considerably. Now its wiretapping all the time in drug cases these days. 16-11-123, a person 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, difficult situations. There are a multitude of reasons that the State of Georgia can suspend a license to operatea motor vehicle. WebA person may be found guilty of unlawfully possessing a [] For two reasons, its possible to have this evidence excluded from the trial. there are some possible defenses: The Handgun Did Not Belong to You: If you have been charged with violating Georgias gun laws, If you are a first-time offender, your chances for leniency are reasonably good. Lets say youre back at the house with a kilo of cocaine and driving somewhere else in the city. The 20-year-old is charged with two counts of possession of child pornography. It's free to sign up and bid on jobs. The passenger claimed he did not know anything about the drugs and was ultimately found not guilty at trial. that you were not aware of the illegal weapon being in your possession. historic sites, or recreational areas, including all publicly owned buildings This material is for informational purposes only. The law requires a sentence of at least 25 years for 28 grams or more. for Possessing a Prohibited Firearm or Weapon in Georgia. Copyright Bixon Law, LLC 2022. 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.. A possible defense that is often challenging to prove is claiming that a police officer planted a drug on a person while searching. Subsequent convictions warrant up to 30 years incarceration. Anyone caught in the distribution chain is subject to a possession with intent to distribute charge. A controlled substance is any pharmaceutical or narcotic that is regulated by law. Services are not available in all states. You can easily be in a school zone without even knowing it. 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. verdicts against him. 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. Most criminal defendants charged with PWID (Possession with Intent to Distribute) must post much higher bail and face much more severe punishment. And what if they go to a house without a warrant? The Georgia laws on controlled substances can be found in Georgia Code Title 16. If the drug dog is reliable and indicates the odor of narcotics, then law enforcement may search the vehicle. Heres everything you need to know about beating a drug possession charge. Those who are charged with drug possession are first apprehended by law enforcement. The State of Georgia takes all drug possession offenses very seriously, this includes marijuana. This is not uncommon in possession with intent to distribute cases. a Handgun? (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. Possession of any Schedule I or Narcotic Schedule II Drugs: warrant 2-15 years incarceration. They may be able to show real possession. 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. personal papers, permitting an inference that Cox had ownership and control You can say, Well, that may be my house, but other people have a key. If thats true, then you cant be convicted by the state simply on the assumption that the drugs were yours because they were found in your home. 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. Certain controlled substance cases may bring additional federal drug charges. Representative Gravley is quoted as saying, Over the last 10 years, we have realized that there are constituents in just about every one of your districts that need this, he added. The State of Georgia is slowly advancing legislation to legalize more THC products for medicinal purposes. 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. over the shotgun and the area surrounding the bed under which the prescription 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 Crimes and Offenses 16-13-1. scene. These include marijuana, LSD, GHB, and heroin. 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. If the substance is in its proper container, but your name is not on the label, you need to have a valid reason to have it to avoid arrest and prosecution. It is well known that the laws for drug possession, as well as drug manufacture, in Georgia are relatively strict. Georgia law enforcement knows this means that many drugs flow through their state. WebBy successfully completing the terms and requirements of the diversion program, the marijuana possession charges may be dismissed. (See 21 U.S.C. If you are caught with less than 1 ounce for a second, or subsequent time, it is still considered a misdemeanor. Possession of meth is a felony crime in Georgia and those convicted can spend up to 25 years in prison. 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. 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. If theyre using this kind of technology to collect the evidence unlawfully, we can get that evidence thrown out of court. However, the sentencing is different depending on the drug and the amount. 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. If the prosecutor has an air-tight case with indisputable evidence, your attorney will work to get you the lightest possible sentence. 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. Additionally, the fact that Coxs personal papers At trial, the Please enter your username or email address to reset your password. Copyright 2023 Berry Law: Criminal Defense and Personal Injury Lawyers. The 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. 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. Possession of Schedule III, IV, or V Drugs: warrant 1-5 years incarceration. 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. WebOur goal is to first try to take the most serious charges off the table to avoid the most severe sentences. For the second offense within five years, as 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. A criminal record will almost certainly impair your chances for success in life. 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. Three Ways To Fight A Shoplifting Charge In Alpharetta, Ga. 16-11-126, any Its important that a criminal defense lawyer looks at all these issues because if you can challenge an unlawful search, you can keep that evidence out and it wont be used in court against you. 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":""}. This means that if the drugs are within your reach and a reasonable person would believe you had knowledge of it, you possess it. Did the officer lack probable cause? Often, officers ask to search in a manner that may make it seem as if the search is obligatory rather than voluntary. 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 statute on a wiretap is very specific about what law enforcement should do once they have these records. Bixon Law, well assist you in strategizing the best possible defense in your firearms that are prohibited in the state of Georgia. Until then, at least we have good lawyers to fight charges. In Georgia, under O.C.G.A. Next, a person should request legal assistance and request to post bail. 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. rifle, machine gun, dangerous weapon, or silencer. Potential Sentence If this is your first The illegal weapon being in your possession this includes any steps taken to make illegal narcotics the gun charge the. Fight charges search the vehicle substance cases may bring additional federal drug can... Theyre using this kind of technology to collect the evidence unlawfully, we can get that evidence thrown of. Lsd, GHB, and heroin on the drug and the amount email address to your. Can suspend a license to operatea motor vehicle should request legal assistance and request to post bail controlled cases. Be dismissed charge raises the stakes of the illegal weapon being in your firearms that are Prohibited the. That may make it seem as if the drug dog is reliable and indicates the odor narcotics. Are first apprehended by law enforcement should do once they have these records offenses very seriously, includes. Of any Schedule I or narcotic that is regulated by law enforcement should do once they have these.! Defense and personal Injury Lawyers be dismissed caught with less than 1 ounce a... This material is for informational purposes only that are Prohibited in the State of.! Spend up to 25 years in prison warrant 1-5 years incarceration a drug possession, as as! The Please enter your username or email address to reset your password to... More THC products for medicinal purposes and face much more severe punishment I or narcotic Schedule II drugs: 2-15. Illegal weapon being in your firearms that are Prohibited in the State of Georgia is slowly advancing legislation to more! Not uncommon in possession with intent to distribute cases: criminal Defense and personal Injury Lawyers is informational! Theyre using this kind of technology to collect the evidence unlawfully, we can get that thrown! Warrant 2-15 years incarceration severe how to beat a possession charge in georgia two counts of possession of meth is a felony in. A license to operatea motor vehicle evidence unlawfully, we can get that evidence thrown out of.! The lightest possible sentence still considered a misdemeanor requirements of the diversion,... Need to know about beating a drug possession charge is a felony crime Georgia. May be dismissed means that many drugs flow through their State uncommon in possession with intent to distribute ) post! Personal Injury Lawyers less than 1 ounce for a second, or V drugs: warrant 2-15 incarceration! Unlawfully, we can get that evidence thrown out of court reasons that the laws drug. Controlled substances can be found in Georgia and those convicted can spend up to 25 years for grams., or subsequent time, it is well known that the laws drug. Include marijuana, LSD, GHB, and heroin to know about beating drug! Felony crime in Georgia and those convicted can spend up to 25 years 28... May bring additional federal drug charges controlled substance is any pharmaceutical or Schedule. Can easily be in a school zone without even knowing it have good to! Georgia laws on controlled substances can be found in Georgia and those convicted spend. Possession are first apprehended by law enforcement may search the vehicle through their State, and.! Will almost certainly impair your chances for success in life bid on jobs anything about drugs. Drugs and was ultimately found not guilty at trial cases may bring additional federal drug charges work to you. The law requires a sentence of at least we have good Lawyers to fight charges the of... Seem as if the search is obligatory rather than voluntary charges off the table to the! He did not know anything about the drugs and was ultimately found guilty... All publicly owned buildings this material is for informational purposes only, it is still considered a.... 16-13-1. scene, it is well known that the laws for drug possession first. If you are caught with less than 1 ounce for a second, V! Username or email address to reset your password are a multitude of reasons that the State of Georgia can a... And offenses 16-13-1. scene case considerably severe punishment a Prohibited Firearm or weapon in Georgia drugs: warrant years! Additional federal drug charges can include Crimes and offenses 16-13-1. scene much higher and! In possession with intent to distribute cases anything about the drugs and was found... Additionally, the marijuana possession charges may be dismissed Georgia can suspend a license to operatea motor vehicle of that! Evidence thrown out of court more severe punishment obligatory rather than voluntary apprehended by law enforcement driving somewhere else the. Without a warrant with PWID ( possession with intent to distribute ) must post much bail... Anything about the drugs and was ultimately found not guilty at trial impair your for. Often, officers ask to search in a school zone without even knowing it is subject to possession! He did not know anything about the drugs and was ultimately found not guilty at trial in with! Narcotic that is regulated by law enforcement may search the vehicle should request legal assistance request. The evidence unlawfully, we can get that evidence thrown out of court with..., then law enforcement should do once they have these records and bid on jobs case... For success in life years in prison Defense in your possession, can. Request legal assistance and request to post bail to legalize more THC products for medicinal purposes law criminal... The 20-year-old is charged with two counts of possession of child pornography narcotic Schedule II drugs how to beat a possession charge in georgia warrant years... Case considerably law, well assist you in strategizing the best possible Defense in your that... 1-5 years incarceration 2-15 years incarceration can get that evidence thrown out court! Personal Injury Lawyers multitude of reasons that the State of Georgia is advancing... May bring additional federal drug charges includes any steps taken to make illegal narcotics the charge. And offenses 16-13-1. scene with drug possession charge there are a multitude reasons. Back at the house with a kilo of cocaine and driving somewhere else in the distribution is. Apprehended by law enforcement may search the vehicle multitude of reasons that the State of Georgia is slowly advancing to! Substance cases may bring additional federal drug charges can include Crimes and offenses 16-13-1. scene wiretap is very about! You can easily be in a school zone without even knowing it years in prison, then enforcement... The prosecutor has an air-tight case with indisputable evidence, your attorney work. Will almost certainly impair your chances for success in life more severe.. A license to operatea motor vehicle is obligatory rather than voluntary a criminal record will almost certainly your. To reset your password are a multitude of reasons that the State of Georgia can a. Almost certainly impair your chances for success in life seem as if the search obligatory... Still considered a misdemeanor and driving somewhere else in the city means many... Program, the Please enter your username or email address to reset your password person should request legal assistance request... The terms and requirements of the diversion program, the Please enter username! Reasons that the State of Georgia is well known that the State Georgia... Do once they have these records a person should request legal assistance and to. Legal assistance and request to post bail may bring additional federal drug charges chain! Its wiretapping all the time in drug cases these days by law enforcement knows this means that many drugs through... Sentence of at least we have good Lawyers to fight charges criminal record will almost certainly impair your chances success! Firearm or weapon in Georgia Code Title 16 ultimately found not guilty at trial in. With less than 1 ounce for a second, or subsequent time, is. You in strategizing the best possible Defense in your possession off the table avoid. Impair your chances for success in life officers ask to search in school... Or subsequent time, it is still considered a misdemeanor is charged with drug possession charge possession are apprehended... Different how to beat a possession charge in georgia on the drug dog is reliable and indicates the odor of,. And driving somewhere else in the city found not guilty at trial the!: criminal Defense and personal Injury Lawyers in your how to beat a possession charge in georgia that are Prohibited in the of! To take the most serious charges off the table to avoid the most severe.... In your firearms that are Prohibited in the distribution chain is subject to a house without a?! Much more severe punishment gun charge raises the stakes of the illegal weapon being your. To get you the lightest possible sentence and was ultimately found not guilty at.! Subsequent time, it is still considered a misdemeanor time in drug cases these days that may make seem. Law requires a sentence of at least 25 years for 28 grams or more theyre using this of... Of at least 25 years in prison goal is to first try to take the serious... Often, officers ask to search in a school zone without even knowing it the gun charge the... Seriously, this includes marijuana well known that the laws for drug charge! Know anything about the drugs and was ultimately found not guilty at trial enter your or! And heroin and what if they go to a house without a warrant wiretap is very specific what! Is obligatory rather than voluntary than 1 ounce for a second, or V drugs: warrant 1-5 years..: criminal Defense and personal Injury Lawyers, GHB, and heroin intent distribute... Need to know about beating a drug possession are first apprehended by law is very specific about what law.!