Anybody with a drug charge in Georgia needs to take it seriously and hire a good lawyer. Possession of non-narcotic Schedule II drugs: Georgia law enforcement knows this means that many drugs flow through their state. Cases can A sentence of at least 10 years is required for quantities between 14 and less than 28 grams. Are criminal charges for a first, second, or further drug possession arrest? Possession of a controlled substance is also a deportable offense, which can result in a non-citizen being removed from the United States. Subsequent convictions warrant up to 30 years incarceration. 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. Cocaine Bear is a sensationalized version of a true story. These drugs are also considered dangerous. Repeat offenders for drug trafficking face even stronger mandatory minimum jail sentences. You need an experienced Until a person has adequate legal representation, they may assert the right to remain silent, and not sign anything. Substances in this schedule have a high potential for abuse which may lead to severe psychological or physical dependence. 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 What are the recorded type(s) and quantity of illegal substances? Until then, at least we have good lawyers to fight charges. The government must show certain elements of the offense to accuse drug trafficking in court. 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. Possession charges in Georgia can range from a misdemeanor to a felony depending on the details of the arrest. 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. conviction thereof, shall be imprisoned for not less than two years and not These may include fines, probation, or possible rehabilitation. 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. police find a controlled substance on you or in your car it is not a problem if the drug is in its labeled container which bears your name. This means that though the drugs were in a persons possession, the drugs were not actually theirs. Possession of Schedule III, IV, or V Drugs: warrant 1-5 years incarceration. 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. WebFelony possession of Marijuana (more than one ounce) If you are caught in possession of marijuana and it weighs more than one ounce, you are facing serious felony charges. measured from the dates of previous arrests for which convictions were obtained Greater amounts trigger a minimum sentence of 25 years. Subsequent convictions warrant 1-10 years incarceration. law. All Rights Reserved. There is a big difference between simple possession of an illegal drug and possession with intent to distribute. You need Michael Bixon representing your rights. WebFirst, the District Attorney can file a motion asking the sentencing court to reduce or suspend a sentence if the defendant provides substantial assistance in the identification, arrest, or conviction of any other individuals involved in the drug operation. This is usually done while one is pulled over for an unrelated issue, such as driving over the speed limit. Under Georgia law, O.C.G.A. 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. 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. Obviously, the first option to explore is whether or not the case can be dropped. If this is a first misdemeanor marijuana possession, we can fight for a conditional discharge, or diversion. A Former DA Breaks Down Your Drug Defense! 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. Substances are placed in their respective schedules based on whether they have a currently accepted medical use in treatment in the United States, their relative abuse potential, and likelihood of causing dependence when abused. 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 . (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. Examples of Schedule IV substances include: alprazolam (Xanax), carisoprodol (Soma), clonazepam (Klonopin), clorazepate (Tranxene), diazepam (Valium), lorazepam (Ativan), midazolam (Versed), temazepam (Restoril), and triazolam (Halcion). However if there are no diversion programs offered, a charged person may also fight the charge on merit. With the rise in domestic growers cultivating the plant in Georgia, police are watching and waiting to catch big time dealers and small-time users. Ga. App. When it comes to the amount of drugs, weight or size does matter. (5)Minor means any unmarried person under the age of 18 years. historic sites, or recreational areas, including all publicly owned buildings 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. 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. Any person who is not prohibited by law from We are sadly well behind the national trends toward marijuana decriminalization and legalization. After your arrest, you have the right to remain silent and to get a lawyer. 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. vigorously advocate on your behalf to have your case dismissed or the charges 813 for the schedule.)2. Please call (888) 205-9314. LegalPeak is a lawyer directory dedicated to helping make the legal process easier for consumers. 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. This is not a law firm or referral service and does not provide legal advice. Subsequent convictions warrant up to 30 years incarceration. Under Georgia law, you will face up to $1,000 in fines and up to 1 year in prison. She hired a lawyer at the last minute and got the First Offender thing. 16-11-126(g), any There are two basic elements in the case of drug trafficking. Web2. Certain controlled substance cases may bring additional federal drug charges. Anyone arrested on drug charges could face both State and Federal charges. 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. scene. Possession charges within a school zone carry much harsher sentences. The courts often see people charged with simple possession as drug uses or drug addicts, but not drug dealers. WebCriminal Charge in Georgia? 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. In your house its stored and you know its there. Possession of drugs is a serious offense in Maryland. license on his or her person, or any person not required by law to have a possessing a handgun or long gun may have or carry any handgun provided that it personal papers, permitting an inference that Cox had ownership and control 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. For these reasons, you cant afford to fool around with a marijuana possession charge in Georgia. This field is for validation purposes and should be left unchanged. Possession of illegal substances has a wide range of potential consequences. with a barrel shorter than 18 inches. A good criminal defense attorney knows that there are several ways to fightdrug charges. With any marijuana possession conviction, you face a drivers license suspension. Charge in Georgia. If the case should only be charged as a simple drug possession, we will argue for a reduction in the charge. How many people suffer from MS? Drug trafficking charges in Georgia are based on accusations that a person possesses, sells, distributes, or produces a large number of illegal drugs. Criminal Charge in Georgia? If you have any previous drug possession convictions, that will increase the length of your drivers license suspension. 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. Please call (888) 205-9314. A mandatory minimum of 15 years is required for amounts between 200 but less than 400 grams. Another defense and this only applies in a possession case, is that drug possession was not real or constructive. Some examples of Schedule IV drugs are: Xanax, Soma, Darvon, Darvocet, Valium, Ativan, Talwin, Ambien, Tramadol, Schedule V drugs, substances, or chemicals are defined as drugs with lower potential for abuse than Schedule IV and consist of preparations containing limited quantities of certain narcotics. violating Georgias gun laws, call Bixon Law today. In Georgia, arrests for illegal drug possession are prosecuted as felony crimes. Possession with Intent to 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. For abuse which may lead to severe psychological or physical dependence, second, or V drugs: Georgia enforcement. Being removed from the United States to take it seriously and hire a good criminal defense knows. First misdemeanor marijuana possession, we can fight for a conditional discharge, or drugs... Is for validation purposes and should be left unchanged fines and up to 1 in. 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