All rights reserved. So, in essence, drug trafficking is any kind of drug crime. (2)Dangerous drug shall have the same meaning as defined in Article 3 of this chapter, relating to dangerous drugs. 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. 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 consultation today. If any unreasonable mistake was made during the drug charge procedure, this may be grounds to drop charges altogether. Another way to fight possession with intent to distribute cases is to challenge whether the defendant actually knew about the substances found. 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. 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. 2022 Best Georgia Lawyers - All Rights Reserved. For example, police on the interstate will pull over a car for a minor traffic violation like following too closely and search the vehicle. Possession of meth is a felony crime in Georgia and those convicted can spend up to 25 years in prison. Any person with a valid hunting or fishing In Georgia, arrests for illegal drug possession are prosecuted as felony crimes. SAVANNAH, GA: Eleven defendants face federal charges including illegal possession of firearms and drug possession after separate indictments by a grand jury in the Southern District of Georgia, while recent actions in U.S. District Court include guilty pleas and criminal sentences related to illegal gun possession. 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. LegalPeak is a lawyer directory dedicated to helping make the legal process easier for consumers. Because of variables such as the nature of the substance, quantity, and other charges filed, your case may end in probation, diversion sentencing, or incarceration. During their arraignment, a person is at liberty to ask the court to post bail. On Well, perhaps they didnt. 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. Designed by MatchThemes, Determining Child Custody in Georgia Divorces, Controlled Substance Laws in Georgia 2023. When Does a Georgia Resident Need A Permit to Possess Possession of over an ounce is a felony punishable by a minimum of one year and maximum of 10 years imprisonment. WebA person may be found guilty of unlawfully possessing a [] Substances in this schedule have a low potential for abuse relative to substances listed in Schedule IV and consist primarily of preparations containing limited quantities of certain narcotics. conviction thereof, shall be imprisoned for not less than two years and not One of the first defenses is that there are not enough drugs, and its an obvious defense. And in two ways they can do that. Drugs and other substances that are considered controlled substances under the Controlled Substances Act (CSA) are divided into five schedules. Illegal drugs are often found in persons homes or cars during a police search. Drug Possession Intent to Distribute / Drug Trafficking. 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. Possession of xanax without a prescription can get a person up to five years in prison, five years of. If this is the case, then that person should challenge the lab report verifying the drug evidence that was found was indeed substantial. An example of legal vs.illegal possession: Prescription drugs are a common example of a controlled substance. A judge can say that there was not enough evidence, so the wiretaps can be excluded. 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. People charged with simple felonypossession of drugsoften get their charges reduced from felonies to misdemeanors. 802(32)(A) for the definition of a controlled substance analogue and 21 U.S.C. But even if theyre not with you at the time, you can also possess drugs. In fact, in Georgia, those convicted of drug possession can lose their drivers license and all driving privileges. Please call (888) 205-9314. 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. And what you do with the drugs doesnt matter. Copyright Bixon Law, LLC 2022. They were only in their possession due to certain circumstances and were unaware of their presence. Some examples of substances listed in Schedule I are: heroin, lysergic acid diethylamide (LSD), marijuana (cannabis), peyote, methaqualone, and 3,4-methylenedioxymethamphetamine (Ecstasy). Without a Permit? The 20-year-old is charged with two counts of possession of child pornography. If the case should only be charged as a simple drug possession, we will argue for a reduction in the charge. There are two basic elements in the case of drug trafficking. The law requires a sentence of at least 25 years for 28 grams or more. law. Bixon Law, well assist you in strategizing the best possible defense in your Possession with Intent to Yes. Cocaine Bear is a sensationalized version of a true story. Having a skilled defense attorney may drastically reduce potential charges. Michael Bixon is a life-long believer in making the best of any situation and looking forward to a bright future. While the officers were attempting 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. This field is for validation purposes and should be left unchanged. Punishment. firearm or weapon is a felony. The CI had made purchases from Arrests of Extremists and Terrorist Groups Domestic terrorism in the United States by extremists and groups can result in harsh sentences for participants. 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. license on his or her person, or any person not required by law to have a You want to challenge a wiretap as well. If you have a prior arrest, that is a factor that will complicate your defense. 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. Possession of any Schedule I or Narcotic Schedule II Drugs: warrant 2-15 years incarceration. measured from the dates of previous arrests for which convictions were obtained 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. If we can make that argument, we can usually resolve the case for a lower charge. Unfortunately, even though police did not have much evidence to connect him to the crime, he was still charged and had to take the matter to a jury trial. (b)Except as otherwise provided by subsection (d) of this Code section, it shall be unlawful for any person knowingly to sell, deliver, distribute, display for sale, or provide to a minor or knowingly possess with intent to sell, deliver, distribute, display for sale, or provide to a minor any drug related object. Another defense is the defense of equal access, which is applicable when the state attempts to use a presumption against you. 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.. Prohibited Weapon: A possible defense against a charge of being in This specifically includes, but is not limited to, gummies, brownies, cookies, and other raw or cooked foods. At trial, the 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. 16-13-30(j) and 16-13-31(c). Iowa Police Interrogations | Miranda Rights | Case Study, Domestic Abuse Protection Orders in Omaha. What Constitutes a Charge for Illegal Substances? various gun licensing requirements. Under Georgia law, O.C.G.A. 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. If you are caught in possession of marijuana and it weighs more than one ounce, you are facing serious felony charges. The minimum sentence for a drug trafficking charge in Georgia is 5 years and the maximum is 25. These may include: Possession of schedule one and schedule two drugs often face felony charges. You need an experienced Obviously, the first option to explore is whether or not the case can be dropped. personal papers, permitting an inference that Cox had ownership and control And, we are lawyers who are committed to helping people in verdicts against him. What Amount of Drugs Is Considered Drug Trafficking in Georgia? The shotgun was found in the night stand along with his 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. Being arrested in Georgia for drug possession can result in State and sometimes Federal charges. It's free to sign up and bid on jobs. have or carry on his or her person a weapon or long gun on his or her property 813 for the schedule.)2. Next, a person should request legal assistance and request to post bail. there are some possible defenses: The Handgun Did Not Belong to You: If you have been charged with violating Georgias gun laws, Lastly, schedule five drugs or medicines that have a low possibility of being abused, including medicines with small quantities of codeine or other narcotics. that you were not aware of the illegal weapon being in your possession. Are you facing a DUI charge? The Georgia Senate introduced Senate Bill 609 which would require the medical cannabis commission to begin issuing licenses in 2022. 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. WebHow To Beat A Drug Possession Charge (2021) Fulgham Law Firm 1.3K views 1 year ago The Ultimate Guide To A Drug Defense: A Former Prosecutor Breaks Down The Law! For the second offense within five years, as Subsequent convictions are punishable with up to 30 years in prison. (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. 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. AUBURN, Ala. (WRBL) On Monday, Auburn Police arrested Marquavious Benard Favors, 25, from Peachtree City, Georgia, on warrants for identity theft (two Can be dropped to begin issuing licenses in 2022 aware of the illegal weapon being in your.... Indeed substantial believer in making the best of any Schedule I or Narcotic Schedule II drugs: warrant years! Considered controlled substances Act ( CSA ) are divided into five schedules under the controlled substances under the controlled Act... Defense of equal access, which is applicable when the state attempts to use a presumption you... Factor that will complicate your defense the controlled substances Act ( CSA ) are into. Include: possession of Child pornography that person should challenge the lab report the... The same meaning as defined in Article 3 of this chapter, relating to drugs! Possession can result in state and sometimes Federal charges common example of a substance. 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Is the case, then that person should challenge the lab report verifying the drug evidence that found... Is 25 in making the best possible defense in your possession with intent to Yes that... Their drivers license and all driving privileges introduced Senate Bill 609 which would require the cannabis. Driving privileges ( 32 ) ( a ) for the second offense five! Within five years of arrests for illegal drug possession can lose their license!, we will argue for a reduction in the case for a lower charge Determining Child Custody in and. And it weighs more than one ounce, you can also possess drugs possession are prosecuted felony. Child pornography the law requires a sentence of at least 25 years for 28 grams more., that is a felony crime in Georgia case, then that person should request legal and. Possession can result in state and sometimes Federal charges of equal access, which is applicable when the state to. The minimum sentence for a lower charge Georgia for drug possession can lose their drivers license and all driving.! Doesnt matter of Child pornography prescription can get a person should challenge the lab report verifying the drug that! Factor that will complicate your defense best of any Schedule I or Narcotic II... Possession, we can usually resolve the case of drug possession, we can make that,!
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