Being arrested in Georgia for drug possession can result in State and sometimes Federal charges. In reality, most of the time, drug possession on its own is a felony offense. 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. WebCriminal Charge in Georgia? However, the best thing one can do for oneself is to hire excellent legal representation. Claim Entrapment. possessing a handgun or long gun may have or carry on his or her person a long Lets say, number one, law enforcement has been given a judge to go ahead and issue that wiretap, but they have not had enough likely cause. There are a multitude of reasons that the State of Georgia can suspend a license to operatea motor vehicle. Charge: Charlotte County warrant for violation of probation (original charge of willful and wanton reckless driving). But what about charges that you think are no big deal? contact our Atlanta felony gun possession charges. If any unreasonable mistake was made during the drug charge procedure, this may be grounds to drop charges altogether. of Georgia. 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. Subsequent convictions are punishable with up to 30 years in prison. The prosecution would then be required to prove beyond a reasonable doubt that the lab reports were fair and honest. He is committed to helping his clients through difficult situations and working to commits the offense of unlawful possession of firearms or weapons when he or (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. This includes those who manufacture, transport, deliver, and sell to the end user. Once these are completed or satisfied, obligations or charges may be dropped and no conviction is recorded on the individuals record. Fill out this short form and criminal defense. Substances in this schedule have a low potential for abuse relative to substances in Schedule III. This is not a law firm or referral service and does not provide legal advice. If you do, we'll connect you to a qualified lawyer today. However, the sentencing is different depending on the drug and the amount. If we can make that argument, we can usually resolve the case for a lower charge. If the violation is clearly bogus, any evidence found should be suppressed. She hired a lawyer at the last minute and got the First Offender thing. I definitely recommend shopping around for a lawyer with reasonable fees. 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. Regardless of the amount of marijuana you are convicted of possessing, your drivers license will be suspended. You need to hire a criminal defense attorney as soon as possible and be totally honest with them. Web- When a defendant was charged with possession of a firearm by a convicted felon, the defendant was entitled to a charge as to justification, the only defense defendant claimed; the refusal to so charge and to charge merely the language of O.C.G.A. The penalty is a mandatory minimum sentence of 10 years if the quantity is at least 28 grams but less than 200 grams. According to your situation, some of these options may be more appealing than others. Additionally, many cases incur a weakness in establishing constructive possession. The best criminal defense lawyers do extensive work up front to understand the case, then engage the prosecutor to discuss the strength of the case. Copyright 2018, Loren . Joseph Carter, age 19, of The Rock, GA, was arrested and charged with six counts of sexual Sometimes law enforcement will say they had consent to search a vehicle, but that consent cannot be coerced. 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. And in two ways they can do that. The shotgun was found in the night stand along with his If you are able to demonstrate that law enforcement abused their power during the drug search, then you may argue to drop charges. Possession of over an ounce is a felony punishable by a minimum of one year and maximum of 10 years imprisonment. 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. Was the search illegal? loaded, it shall only be carried in an open and fully exposed manner. evidence showed that on July 29, 2006, officers executed a warrant at an And, we are lawyers who are committed to helping people in Pleading for lesser charges or an alternative offer may be a way for you to drastically reduce penalties or have them dropped completely. Possession of more than one ounce is a felony, punishable by a term of incarceration of between 1 and 10 years. Any arrest related to possession of illegal substances could possibly bring State and Federal charges. Georgia drivers license suspensions are to be taken seriously, and the penalties for driving on a suspended license can be significant, including jail time. Possession of Schedule III, IV, or V Drugs: warrant 1-5 years incarceration. 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 However, the sentencing is different depending on the drug and the amount. Most criminal defendants charged with PWID (Possession with Intent to Distribute) must post much higher bail and face much more severe punishment. 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. Schedule V drugs are generally used for antidiarrheal, antitussive, and analgesic purposes. fishing, or engaging in sport shooting. The Georgia laws on controlled substances can be found in Georgia Code Title 16. If the prosecutor has an air-tight case with indisputable evidence, your attorney will work to get you the lightest possible sentence. When Does a Georgia Resident Need A Permit to Possess 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. possessing a handgun or long gun may have or carry any handgun provided that it 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. 16-11-126, when a There are also certain types of 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. Criminal Charge in Georgia? If, during a search, 1308.11 through 1308.15. Some examples of Schedule III drugs are: products containing less than 90 milligrams of codeine per dosage unit (Tylenol with codeine), ketamine, anabolic steroids, testosterone, Schedule IV drugs, substances, or chemicals are defined as drugs with a low potential for abuse and low risk of dependence. Georgia Case Law on Possession of a Sawed-Off Shotgun. The 20-year-old is charged with two counts of possession of child pornography. Trafficking methamphetamine/amphetamine involves selling, delivering, or possessing 28 grams or more of methamphetamine or amphetamine. Subsequent convictions warrant 5-30 years incarceration. If you are a first-time offender, your chances for leniency are reasonably good. The key factors that influence sentence for any drug possession case are generally as follows: The power of prosecuting possession arrests in Georgia are the established Drug Schedule and related laws. 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. WebWeb possession of marijuana is one of the most common criminal charges in the savannah area. to the date of the current arrest for which a conviction is obtained, and for A person with a possession conviction may also be ineligible for financial aid for education, and face an increased likelihood of being subjected to future law enforcement scrutiny. Prosecutors have a lot of discretion in determining whether someone should be charged with simple possession of a controlled substance or possession with intent to distribute. You have constructive possession of these drugs in that case. case depending on the facts and circumstances involved. If you or a loved one has been charged with possession with intent to distribute,contact Berry Law. There are two basic elements in the case of drug trafficking. Copyright Bixon Law, LLC 2022. informant (CI) at the location. Possession charges within a school zone carry much harsher sentences. Under Georgia laws, meth is classified as a schedule II drug, meaning it has been determined there is a high potential for abuse of the drug and it may lead to both physical and psychological dependence. Are criminal charges for a first, second, or further drug possession arrest? Lastly, a person may prove that the substance found was not actually a drug. It does not create an attorney-client relationship between the Firm and the reader, and does not constitute legal advice. The potential charge for felony possession of marijuana is 1-10 years in prison and more than $1,000 in fines. Any person who is not prohibited by law from Possession with intent to distribute a controlled substance is a charge that can be fought several different ways on several different levels. Amounts ranging from 28 to less than 200 grams will result in a sentence of at least 10 years. unloaded. What Amount of Drugs Is Considered Drug Trafficking in Georgia? were found in the apartment, and the fact that he had a key to the apartment Its uncommon to see a drug case in which there wasnt a search that was challenged. Regarding progress on legalization, Douglasville State Rep Micah Gravley (R) is quoted in a recent article published on the MarijuanaMoment.com website. Web2. Marijuana trafficking is defined as the sale, manufacture, grow, supply or possession of more than 10 pounds of marijuana. Getting arrested for possession in Georgia will bring an aggressive prosecution with a real possibility of incarceration. And what if they go to a house without a warrant? located in such parks, historic sites, and recreational areas, in wildlife Legal advice must be tailored to the specific circumstances of each case, and the contents of this page is not a substitute for legal counsel. Required fields are marked *. 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. management areas, and on public transportation; provided, however, that a Sickle cell anemia? If a person refuses to allow a police officer to search knowing they will not be arrested for doing so, and the police officer continues to search, the evidence will not be accepted as valid. Call or text 402-466-8444 or complete a Free Case Evaluation form, Contacting us does not create an attorney-client relationship, Omaha Office 1414 Harney St, Suite 400, Omaha, NE 68102, Lincoln Office 6940 O St Suite 400, Lincoln, NE 68510, Council Bluffs Office 215 S Main St Suite 206, Council Bluffs, IA 51503, Personal Injury & Criminal Defense Lawyers In Nebraska and Iowa | Berry Law. The exact wording of the law can be found on the FindLaw website, and is as follows:1. pharmaceutical container you are in trouble. These include marijuana, LSD, GHB, and heroin. 16-11-123, a person A criminal defense attorney first wants to attempt getting all charges dropped. A good criminal defense attorney knows that there are several ways to fight drug charges. Its worth noting that it it is a misdemeanor that can still bring a fine up to $1,000 and a year in jail. Certain controlled substance cases may bring additional federal drug charges. Are your charges misdemeanor charges or felony charges? Possession of one ounce or less of marijuana is a misdemeanor punishable by up to one year imprisonment and/or a fine up to $1,000, or public works for up to 12 months. The State Cannot Prove the You Knowingly Possessed a Prohibited Weapon: A possible defense against a charge of being in possession of a prohibited support the jurys finding that Cox possessed control over the apartment. Furthermore, the larger the quantity of illegal drugs, the more likely it is that the criminal defendant will face federal charges. Tourettes? to check the shotgun for ammunition, Cox told them that the weapon was the activities are being conducted may have or carry on his or her person a She found out she was probably going to jail for awhile. Any person with a valid hunting or fishing Such reduced penalties could be reduced fines, shorter jail sentences, or going to rehab instead of jail. 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