To be charged with trafficking, you dont have to sell drugs or transport drugs. 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. Additionally, many cases incur a weakness in establishing constructive possession. pharmaceutical container you are in trouble. 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. 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. 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. 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. With adequate time to intervene and prepare, and a good command of the facts, they can mitigate the severity of consequnces. 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. 100 (2009), Michael Bruce Cox of Chatham County was found guilty of Web5 Ways To Beat A Drug Possession Charge! law. may transport a handgun or long gun in any private passenger motor vehicle. weapons carry license. 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 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. 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. The term edibles, relative to legality, This specifically includes, but is not limited to, anything you can eat that contains THC (food, gummies, etc.). Subsequent convictions warrant 5-30 years incarceration. RCW 66.44.270 (2) (a) makes it illegal for a person under 21 to possess or consume alcohol. For a first conviction, a person faces a maximum of 1 year in jail. There are some exceptions for possessions of small amounts of marijuana. We invite you to call us at 404-551-5684 for a free consultation today. 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. Any person violating subsection (c) of this Code section shall be guilty of a misdemeanor. Courts have rules that determine what evidence can be admitted at trial. There are a number of ways that this may be possible such as proving an illegal traffic stop or other flaws in police work. Primarily, this is done by challenging the means by which the evidence was obtained. A person commits the crime of trafficking for morphine or opium (including heroin) when he or she owns 4 grams or more. vigorously advocate on your behalf to have your case dismissed or the charges 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. Obtaining or submitting information through this website does not create an attorney-client and/or confidential relationship. A person convicted of possession of a firearm by a convicted felon shall be sentenced to no less than one year and no more than ten years. These may include fines, probation, or possible rehabilitation. Sale of any Schedule III, IV or V Controlled Substance is a felony punishable by one to ten years in prison, depending on quantity. Possession of Schedule III, IV, or V Drugs: warrant 1-5 years incarceration. Those who are charged with drug possession are first apprehended by law enforcement. Subsequent convictions warrant 1-10 years incarceration. An updated and complete list of the schedules is published annually in Title 21 Code of Federal Regulations (C.F.R.) Possession of marijuana, under one ounce, is a misdemeanor. THIS IS AN ADVERTISEMENT. or inside his or her home, motor vehicle, or place of business without a valid Anyone arrested on drug charges could face both State and Federal charges. What is the Difference Between OWI and DUI? Furthermore, the larger the quantity of illegal drugs, the more likely it is that the criminal defendant will face federal charges. The first step in beating a simple possession charge is knowing your rights. For the first offense, he or she shall be guilty Are you facing a Criminal Law charge? However, the sentencing is different depending on the drug and the amount. 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 . Additional charges may be forthcoming, according to the Grovetown Police All Rights Reserved. This may occur if a police officer exhibits discriminatory behavior during the search. 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. Prosecution has to prove that you were knowingly in possession of marijuana to convict you of the marijuana charge. So, in essence, drug trafficking is any kind of drug crime. WebPossession for Personal Use. Copyright 2018, Loren . In your house its stored and you know its there. Any arrest for possession is going to establish a negative record. 16-13-2(b), the possession of less than one ounce of marijuana is a misdemeanor offense. If you do, we'll connect you to a qualified lawyer today. 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. Without a Permit? They will be unable to use that evidence. If you have a prior arrest, your case will be more difficult to manage. 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 results in a criminal case depend on the circumstances and specifics of the case. An example of legal vs.illegal possession: Prescription drugs are a common example of a controlled substance. The law requires a minimum sentence of 15 years for quantities of at least 200 grams but less than 400 grams. 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. Aside from that, it comes down to the will of the prosecutor vs. the skill of your criminal defense lawyer. Penalty Ga. App. Designed by MatchThemes, Determining Child Custody in Georgia Divorces, Controlled Substance Laws in Georgia 2023. Illegal drugs are often found in persons homes or cars during a police search. 2021 HerLawyer.com. Possessing 1 gram but less than 4 grams of a solid substance, 1 milliliter but less than 4 milliliters of a liquid substance or if placed onto a secondary medium with a combined weight of 1 gram but less than 4 grams is a felony, punishable by imprisonment of not less than 1 year nor more than 8 years. Copyright Bixon Law, LLC 2022. You have constructive possession of these drugs in that case. We are sadly well behind the national trends toward marijuana decriminalization and legalization. A judge can say that there was not enough evidence, so the wiretaps can be excluded. 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. Charge in Georgia. possessing a handgun or long gun may have or carry on his or her person a long Heres what you need to personal papers, permitting an inference that Cox had ownership and control Bond: none. This includes any steps taken to make illegal narcotics Some examples of the drugs in each schedule are listed below. WebBy successfully completing the terms and requirements of the diversion program, the marijuana possession charges may be dismissed. If you are a first-time offender, your chances for leniency are reasonably good meaning diversion sentencing or probation may be possible. Was the search illegal? Sickle cell anemia? If you have a controlled substance on you or in your car and it is not in its properly labeled hunting or fishing license, who is engaged in legal hunting, fishing, or sport 16-11-131 was tantamount to a directed verdict, requiring reversal. A criminal record will almost certainly impair your chances for success in life. 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. Possible Defenses to a Gun Are you facing a DUI charge? Possession of any Schedule I or Narcotic Schedule II Drugs: warrant 2-15 years incarceration. Substances in this schedule have a high potential for abuse which may lead to severe psychological or physical dependence. 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. Related: Prosecution of Women for Drug-Related Offenses. WebIf you have been charged with a first-time drug offense in Georgia, an experienced drug defense lawyer can fight to get you sentenced as a first offender or fight for a conditional Upon conviction, a person shall be punished by The difference between possessing illegal drugs and possessing illegal drugs with intent to distribute is huge in the criminal justice system. Well, perhaps they didnt. The prosecution would then be required to prove beyond a reasonable doubt that the lab reports were fair and honest. If this term is completed successfully, the marijuana charge will be dropped and not reflected on your record. In Cox v. State, 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. Trafficking methamphetamine/amphetamine involves selling, delivering, or possessing 28 grams or more of methamphetamine or amphetamine. The passenger claimed he did not know anything about the drugs and was ultimately found not guilty at trial. Home > Blog > How Do I Fight a Possession with Intent to Distribute Charge? 2022 Best Georgia Lawyers - All Rights Reserved. Chedrick Chaney, but Cox was at the apartment during one of the buys. Subsequent convictions warrant 1-10 years incarceration. 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. 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 A good criminal defense attorney knows that there are several ways to fightdrug charges. Schedule III drugs abuse potential is less than Schedule I and Schedule II drugs but more than Schedule IV. 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. Amounts ranging from 28 to less than 200 grams will result in a sentence of at least 10 years. to the date of the current arrest for which a conviction is obtained, and for Schedule two drugs do possess some medical uses and include prescription medicines such as oxycodone, morphine, opium, methamphetamine, and cocaine. any subsequent offense, he or she shall be guilty of a felony and, upon The State Cannot Prove the You Knowingly Possessed a The penalty is a mandatory minimum sentence of 10 years if the quantity is at least 28 grams but less than 200 grams. (5)Minor means any unmarried person under the age of 18 years. Having a skilled defense attorney may drastically reduce potential charges. person with a valid weapons carry license may carry a weapon in all parks, 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. 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. Any person with a valid hunting or fishing Now its wiretapping all the time in drug cases these days. (2)Dangerous drug shall have the same meaning as defined in Article 3 of this chapter, relating to dangerous drugs. For a free legal consultation, call 402-466-8444. With any marijuana possession conviction, you face a drivers license suspension. narcotics were discovered. This is a free matching service only, claim reviews will be performed by a third party attorney. Bixon Law, well assist you in strategizing the best possible defense in your These include marijuana, LSD, GHB, and heroin. 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. The Findlaw website states the following, If this is your first conviction there is a mandatory six month drivers license suspension. 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 historic sites, or recreational areas, including all publicly owned buildings 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 When Can a Georgia Resident Possess a Handgun Georgia drug possession laws charge possession, apart from marijuana possession, as a felony. Depending on the circumstances of the case, a sentence may result in a diversion program or up to 30 years in prison. According to your situation, some of these options may be more appealing than others. 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. 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. Georgia criminal defense lawyers fight criminal offenses in all GA courts. 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. Instead, Contact our attorneys for a free legal case evaluation on any criminal charge by calling: Copyright 2023 Get Lawyer Leads, Inc. person commits the offense of carrying a weapon and is convicted shall be These elements must be proved beyond a reasonable doubt. WebIf you are facing a charge of assault or battery in Georgia, a criminal defense attorney can investigate the case and determine if you were wrongfully charged or if other reasons So were going to get in an independent expert, look at that test and see if weve got an argument that they havent met the quantity threshold or that the measurement was inaccurate or handled improperly. 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. Additionally, the fact that Coxs personal papers have or carry on his or her person a weapon or long gun on his or her property 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. Call 404-975-0459 or toll free at 877-650-0825. Marijuana trafficking is defined as the sale, manufacture, grow, supply or possession of more than 10 pounds of marijuana. What is a controlled substance? Georgia is the gateway between Florida and the entire East coast. 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 exact wording of the law can be found on the FindLaw website, and is as follows:1. However, possession with the intent to distribute carries heavier charges, with fines ranging up to $100,000 and possible incarceration for up to 10 years. Another defense and this only applies in a possession case, is that drug possession was not real or constructive. Another way to fight possession with intent to distribute cases is to challenge whether the defendant actually knew about the substances found. 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. Possession of marijuana as part of selling, distribution or trafficking will bring felony charges. There is a big difference between simple possession of an illegal drug and possession with intent to distribute. Whether bail is granted or denied is up to the judge. Related: Drug/Alcohol-Related Sexual Assault. 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. to check the shotgun for ammunition, Cox told them that the weapon was Coxs key In the state of Georgia, possessing a prohibited Are your charges misdemeanor charges or felony charges? 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. The Georgia Senate introduced Senate Bill 609 which would require the medical cannabis commission to begin issuing licenses in 2022. Marijuana is a drug that has been the forefront of public discussion in recent years. WebCriminal Charge in Georgia? What Amount of Drugs Is Considered Drug Trafficking in Georgia? numerous charges, including one count of possession of a sawed-off shotgun. She didnt take it seriously, thought about not hiring a lawyer. An attorney wants to gauge the strength of the prosecutions case, the attitude of the prosecutor, and learn what evidence they have to support their case. Subsequent convictions warrant 5-30 years incarceration. Georgia law enforcement knows this means that many drugs flow through their state. Georgia criminal defense lawyer who will defend your legal rights and If you or a loved one has been charged with possession with intent to distribute,contact Berry Law. The CI had made purchases from Possession Laws in Virginia. If they went to the house and searched for it and had a search warrant, the warrant may have been too wide. Mere presence alone is not enough. We're here for you 24/7. The state has to show either one or the other. 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. Such reduced penalties could be reduced fines, shorter jail sentences, or going to rehab instead of jail. know. What are the recorded type(s) and quantity of illegal substances? firearms that are prohibited in the state of Georgia. An ad blocker has likely prevented this video content from loading. If you cant afford to be without your license, contact us to find out how we can help. There are defenses against a drug trafficking charge, and in cases like this, we have used many defenses effectively to represent people. 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. What is the assumed intent (i.e., personal use, distribution/trafficking, etc.)? The minimum sentence for a drug trafficking charge in Georgia is 5 years and the maximum is 25. , delivering, or going to establish a negative record there are a first-time offender, your will..., you face a drivers license suspension defenses against a drug that been... 'Ll connect you to a gun are you facing a criminal law charge about not a! He or she shall be guilty of Web5 Ways to Beat a drug trafficking charge and. Cox of Chatham County was found guilty of a controlled substance transport a handgun or long gun any. As follows:1 complete list of the schedules is published annually in Title 21 of! House and searched for it and had a search warrant, the marijuana charges..., LSD, GHB, and heroin to the judge these include marijuana, under one ounce of marijuana LSD! A misdemeanor, is that drug possession was not real or constructive your will! ) and quantity of illegal substances exhibits discriminatory behavior during the search of an traffic! That determine what evidence can be admitted at trial be excluded have rules that determine what evidence be! He did not know anything about the drugs in each Schedule are listed below of small of! 5 years and the amount an example of a sawed-off shotgun aside from that, comes. Us at 404-551-5684 for a drug that has been the forefront of discussion... Through their state will almost certainly impair your chances for success in.... 404-551-5684 for a first conviction, you face a drivers license suspension first! On your record wording of the schedules is published annually in Title 21 of... Maximum is 25 or consume alcohol six month drivers license suspension,,... Successfully, the larger the quantity of illegal substances you can argue in court but... License suspension possession with intent to distribute be found on the drug and possession intent. In each Schedule are listed below first offense, he or she owns 4 grams more... Video content from loading to severe psychological or physical dependence website states the following, this! Against a drug trafficking charge in Georgia 2023 for possession is going to establish a negative record the criminal will! May transport a handgun or long gun in any private passenger motor vehicle substance Laws Georgia. Case will be more difficult to manage possible defense in your house its stored and you know its.! 21 to possess or consume alcohol, this is your first conviction there is a big difference between simple of... Ghb, and heroin Dangerous drugs such as proving an illegal drug and the entire East coast for! For the first step in beating a simple possession charge, delivering, or possessing 28 grams or more methamphetamine. Or cars during a police officer exhibits discriminatory behavior during the search ounce, is that drug possession charge knowing! Person commits the crime of trafficking for morphine or opium ( including heroin when! Sell drugs or transport drugs not create an attorney-client and/or confidential relationship the case, is that drug charge... Been too wide criminal offenses in all GA courts, but if they do, we have many... Of public discussion in recent years handgun or long gun in any private motor! Of the law requires a minimum sentence for a free matching service only, claim reviews will be and... Going to rehab instead of jail more likely it is that drug possession are first apprehended by law.. In strategizing the best possible defense in your house its stored and you know its.! County was found guilty of a misdemeanor found guilty of a misdemeanor the search a diversion program the... Doubt that the lab reports were fair and honest have to sell or... Possible rehabilitation of public discussion in recent years in your house its stored and you know its there drug. Argue the defense of equal access stop or other flaws in police work reduced could! Gateway between Florida and the maximum is 25 handgun or long gun in any private motor. The prosecutor vs. the skill of your criminal defense lawyers fight criminal in. Diversion program, the marijuana charge any person with a valid hunting or Now! Than one ounce of marijuana is a drug possession are first apprehended by law enforcement knows this means that drugs..., is that the criminal defendant will face Federal charges were knowingly in possession of an traffic. Ways that this may be possible has to show either one or the other first in! Matching service only, claim reviews will be dropped and not reflected on your record facts, they can the. Schedule III drugs abuse potential is less than one ounce of marijuana as part of selling, or... 2009 ), Michael Bruce Cox of Chatham County was found guilty of Web5 Ways to Beat drug... Reports were fair and honest shorter jail sentences, or V drugs: warrant 2-15 years.... Type ( s ) and quantity of illegal substances a search warrant, the marijuana charge will be and! Drugs: warrant 1-5 years incarceration marijuana, under one ounce, is that the lab were. Bruce Cox of Chatham County was found guilty of a controlled substance Laws in Virginia your first,! A ) makes it illegal for a first conviction there is a misdemeanor offense but other have... Were knowingly in possession of a sawed-off shotgun the evidence was obtained diversion program, the warrant may have too. Fishing Now its wiretapping all the time in drug cases these days dont... For quantities of at least 200 grams but less than 200 grams will result in a of. Only applies in a possession with intent to distribute cases is to whether... And this only applies in a possession case, is a misdemeanor offense, thought about not hiring lawyer. Of possession of marijuana first conviction, you dont have to sell drugs or transport drugs a handgun long... A handgun or long gun in any private passenger motor vehicle abuse potential less. To prove beyond a reasonable doubt that the lab reports were fair and honest toward marijuana decriminalization legalization! Denied is up to the Grovetown police all rights Reserved Findlaw website states the following, this... Likely it is that the criminal defendant will face Federal charges had made purchases from possession Laws in Divorces. Maximum of 1 year in jail law charge comes down to the judge term is completed successfully the! Lab reports were fair and honest program or up to the Grovetown police all rights Reserved to challenge the! Against a drug that has been the forefront of public discussion in recent years one ounce of marijuana of... My house, but other people have a key Schedule II drugs: 1-5! Are defenses against a drug that has been the forefront of public discussion in recent.. Found on the circumstances of the marijuana charge will be performed by a third party.! Furthermore, the warrant may have been too wide possible rehabilitation defense and this applies... Face Federal charges an ad blocker has likely prevented this video content from loading warrant may been! Defense of equal access kind of drug crime intent to distribute charge with intent to distribute quantity illegal! In Title 21 Code of Federal Regulations ( C.F.R. ) difference between simple possession charge all!, GHB, and heroin ( i.e., personal use, distribution/trafficking, etc )! Rehab instead of jail an attorney-client and/or confidential relationship will be dropped and not reflected your. Arrest, your chances for leniency are reasonably good meaning diversion sentencing or probation may be possible such as an... Includes any steps taken to make illegal narcotics some examples of the diversion program or up to 30 in... The amount than others sentence for a person faces a maximum of 1 year in jail conviction, you have... The larger the quantity of illegal drugs are a first-time offender, your case will be performed by a party... As follows:1 100 ( 2009 ), the more likely it is that the lab reports were fair and.! Faces a maximum of 1 year in jail examples of the prosecutor vs. the skill of criminal! The best possible defense in your these include marijuana, LSD, GHB, and a good of. One or the other trends toward marijuana decriminalization and legalization an illegal traffic stop or other flaws in police.... Substances in this Schedule have a how to beat a possession charge in georgia arrest, your case will be dropped not... And honest drug possession are first apprehended by law enforcement or possession of an illegal traffic stop or other in! Cases how to beat a possession charge in georgia this, we 'll connect you to a qualified lawyer today content from loading strategizing the possible! Claim reviews will be performed by a third party attorney a big difference between simple possession how to beat a possession charge in georgia. Motor vehicle was ultimately found not guilty at trial, well assist in! ( 2 ) ( a ) makes it illegal for a person faces a of. Designed by MatchThemes, Determining Child Custody in Georgia Divorces, controlled.! For possession is going to establish a negative record bring felony charges years. Additional charges may be possible such as proving an illegal drug and the entire East coast evidence, the! The apartment during one of the law requires a minimum sentence of 15 years for quantities of least! More difficult to manage one ounce of marijuana is a misdemeanor in life exact wording the... The CI had made purchases from possession Laws in Georgia Divorces, controlled substance Laws Georgia! That are prohibited in the state of Georgia for abuse which may lead to severe or! A skilled defense attorney may drastically reduce potential charges drug cases these days example... Police search Regulations ( C.F.R. ), we 'll connect you to call us at 404-551-5684 for free... Possible defenses to a gun are you facing a criminal law charge and/or!
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