The state of Georgia has Bond: none. 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. 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! Aside from that, it comes down to the will of the prosecutor vs. the skill of your criminal defense lawyer. Simple possession cases are also more likely to be eligible for pre-trial diversion or drug court. When defending these cases, the first step is to try to keep all the drugs out of court. If we can make that argument, we can usually resolve the case for a lower charge. Any arrest related to possession of illegal substances could possibly bring State and Federal charges. All Rights Reserved | Nav map, Felony Possession of Marijuana in Georgia, Suspension of Drivers License For Those Under the Age of 21 or 18, Financial Transaction Card Theft in Georgia. Potential Sentence If this is your first Tourettes? Iowa Police Interrogations | Miranda Rights | Case Study, Domestic Abuse Protection Orders in Omaha. If a person is arrested for drug possession, there are four main offenses that they may be charged for: The most important first step is to request legal assistance. How to Beat a Possession Charge in Georgia The results in a criminal case depend on the circumstances and specifics of the case. For this reason, they take drug offenses very seriously. How to beat a gun charge in georgia. If they cant show you have real or constructive possession of the drugs and base the trafficking charge off an allegation of possession, they cant convict you. Marijuana trafficking is defined as the sale, manufacture, grow, supply or possession of more than 10 pounds of marijuana. management areas, and on public transportation; provided, however, that a 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 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. 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. Aside from that, it comes down to the will of the prosecutor vs. the skill of your criminal defense lawyer. Copyright 2023 Berry Law: Criminal Defense and Personal Injury Lawyers. 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. Did the officer lack probable cause? A criminal record will almost certainly impair your chances for success in life. The minimum sentence for a drug trafficking charge in Georgia is 5 years and the maximum is 25. What are the recorded type(s) and quantity of illegal substances? 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":""}. 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. 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. Prosecution has to prove that you were knowingly in possession of marijuana to convict you of the marijuana charge. The law requires a sentence of at least 25 years for 28 grams or more. Maybe we will get there someday! Bixon Law, well assist you in strategizing the best possible defense in your loaded, it shall only be carried in an open and fully exposed manner. hunting or fishing license, who is engaged in legal hunting, fishing, or sport 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. 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. Marijuana is a drug that has been the forefront of public discussion in recent years. Has to lead a strong team of experienced federal defense lawyers that have collaborated on federal and state drug trafficking charges that have resulted in dismissed and reduced charges. The state has to show either one or the other. Possession charges in Georgia can range from a misdemeanor to a felony depending on the details of the arrest. For this reason most judges and prosecutors believe these crimes are best resolved with chemical dependency evaluations and treatment. 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. Learn how the government views domestic terrorism including groups on a terrorist watch list. Look at the diagnoses that we have in our law. You need Michael Bixon representing your rights. Georgia Case Law on Possession of a Sawed-Off Shotgun. fishing, or engaging in sport shooting. For these reasons, you cant afford to fool around with a marijuana possession charge in Georgia. Contact our attorneys for a free legal case evaluation on any criminal charge by calling: Copyright 2023 Get Lawyer Leads, Inc. 16-11-131 was tantamount to a directed verdict, requiring reversal. And many times, this will result in the charges being completely dismissed. Court affirmed the jurys guilty verdict. Subsequent convictions warrant 5-30 years incarceration. According to your situation, some of these options may be more appealing than others. If somebody is charged with drug possession, serious consequences may follow including jail time, probation, drug screens, fines, marks on permanent records, and more. (2)Dangerous drug shall have the same meaning as defined in Article 3 of this chapter, relating to dangerous drugs. Required fields are marked *. 16-13-30(j) and 16-13-31(c). Under Georgia law, you will face up to $1,000 in fines and up to 1 year in prison. Its really within reach of your arms, no question. 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 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. to check the shotgun for ammunition, Cox told them that the weapon was There are some exceptions for possessions of small amounts of marijuana. Possession of Schedule III, IV, or V Drugs: warrant 1-5 years incarceration. Examples of Schedule II narcotics include: hydromorphone (Dilaudid), methadone (Dolophine), meperidine (Demerol), oxycodone (OxyContin, Percocet), and fentanyl (Sublimaze, Duragesic). Subsequent convictions warrant up to 30 years incarceration. Those who are charged with drug possession are first apprehended by law enforcement. If the drug dog is reliable and indicates the odor of narcotics, then law enforcement may search the vehicle. When Can a Georgia Resident Possess a Handgun WebPossession for Personal Use. However, if it can be shown that others had equal access to your room even though it was was your room, there might be a valid argument that all had joint Being arrested in Georgia for drug possession can result in State and sometimes Federal charges. Such laws outline when a person needs a difficult situations. 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. If any unreasonable mistake was made during the drug charge procedure, this may be grounds to drop charges altogether. Georgia criminal defense lawyers fight criminal offenses in all GA courts. Designed by MatchThemes, Determining Child Custody in Georgia Divorces, Controlled Substance Laws in Georgia 2023. On 16-11-123, a person For the first offense, he or she shall be guilty possession of a prohibited firearm in Georgia is to present evidence to prove According to inmate bookings, Stanley Hester, 20, is charged with two counts of possession of child pornography. firearms that are prohibited in the state of Georgia. Schedule V drugs are generally used for antidiarrheal, antitussive, and analgesic purposes. Cases can An ad blocker has likely prevented this video content from loading. In reality, most of the time, drug possession on its own is a felony offense. If the prosecutor has an air-tight case with indisputable evidence, your attorney will work to get you the lightest possible sentence. The CI had made purchases from Additional charges may be forthcoming, according to the Grovetown Police Department. He brings that same philosophy to his practice and focus in helping people facing insurmountable circumstances. The results in a criminal case depend on the circumstances and specifics of the case. 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. Lawyers should get together and fight for marijuana to be legalized for personal use. Heres what you need to Employing a comprehensive investigation of all aspects of your case, including the analysis of key issues that could allow for a difference in movement or trial success. 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. Penalty See my suspended license penalties page for details. 802(32)(A) for the definition of a controlled substance analogue and 21 U.S.C. Crimes and Offenses 16-13-1. unloaded. Beating a drug possession charge can be quite difficult, but not impossible. The only difference is that a minimum sentence of 10 years is required to manufacture any amount below 200 grams. While this can manifest in many different ways, some key ways are: Considering how prevalent drug possession charges have become, it is extremely important to be equipped with the proper tools to defend yourself against any unreasonable violations. Schedule three drugs are less likely to be abused and have many medical uses; these include drugs such as Vicodin and ketamine. Coxs key This field is for validation purposes and should be left unchanged. Are you facing a DUI charge? In addition to drug classifications, a person may face additional charges due to aggravated circumstances in which the drug possession occurred. What is a controlled substance? This is a free matching service only, claim reviews will be performed by a third party attorney. 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. Additional charges may be forthcoming, according to the Grovetown Police Georgia criminal defense lawyer who will defend your legal rights and Web5 Ways To Beat A Drug Possession Charge! Thats right if you are in control of the marijuana you can be found to be in possession of it. shooting when the person has the permission of the owner of the land on which There is a minimum sentence of 25 years with more than 400 grams of cocaine. Anybody with a drug charge in Georgia needs to take it seriously and hire a good lawyer. How many people suffer from MS? Because a trafficking case involves a larger amount of drugs, drug trafficking charges can carry severe mandatory minimum jail sentences that usually increase with the number of drugs. Please call (888) 205-9314. Possession of meth is a felony crime in Georgia and those convicted can spend up to 25 years in prison. If theyre using this kind of technology to collect the evidence unlawfully, we can get that evidence thrown out of court. Drugs and other substances that are considered controlled substances under the Controlled Substances Act (CSA) are divided into five schedules. over the shotgun and the area surrounding the bed under which the prescription Please call (888) 205-9314. Its obvious that if youve been charged with trafficking or distribution youre extremely likely to be headed to prison for quite a while. For a second or third conviction, imprisonment of 18 months is the maximum penalty and for a fourth or subsequent conviction, imprisonment cannot exceed 2 years. person who is not prohibited by law from possessing a handgun or long gun may 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. 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. The government must show certain elements of the offense to accuse drug trafficking in court. Schedule I drugs, substances, or chemicals are defined as drugs with no currently accepted medical use and a high potential for abuse. What Amount of Drugs Is Considered Drug Trafficking in Georgia? If this term is completed successfully, the marijuana charge will be dropped and not reflected on your record. The State of Georgia takes all drug possession offenses very seriously, this includes marijuana. There are some exceptions for possessions of small amounts of marijuana. In Georgia, ingestible products with any measurable level of THC oil are illegal. Are criminal charges for a first, second, or further drug possession arrest? 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 . The law requires a minimum sentence of 15 years for quantities of at least 200 grams but less than 400 grams. Save my name, email, and website in this browser for the next time I comment. Berry Law recently won a possession with intent to distribute methamphetamine case in which a young man did not know he was traveling with a drug dealer. For a first conviction, a person faces a maximum of 1 year in jail. These elements must be proved beyond a reasonable doubt. The Georgia laws on controlled substances can be found in Georgia Code Title 16. 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. 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. Depending on the circumstances of your arrest, and the attitude of the prosecutors office, things could get ramped-up and aggressively pursued in a trial. Other Schedule II narcotics include: morphine, opium, codeine, and hydrocodone. person with a valid weapons carry license may carry a weapon in all parks, to the date of the current arrest for which a conviction is obtained, and for If, during a search, For a second or third conviction, imprisonment of 18 months is the maximum penalty and for a fourth or subsequent conviction, imprisonment cannot exceed 2 years. The University of Nebraska College of Law, HOW A NEBRASKA LAWYER CAN HELP WITH A DUI CHARGE, Debate Rises Over Nebraskas Marijuana-Related Arrest Increase, Are there drug checkpoints in Nebraska? If this is a first misdemeanor marijuana possession, we can fight for a conditional discharge, or diversion. Such reduced penalties could be reduced fines, shorter jail sentences, or going to rehab instead of jail. After your arrest, you have the right to remain silent and to get a lawyer. one possible defense is to provide evidence that the weapon you are charged If they do not follow those procedures it can sometimes be dismissed. Certain controlled substance cases may bring additional federal drug charges. 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. Save my name, email, and website in this browser for the next time I comment. Examples of Schedule V substances include: cough preparations containing not more than 200 milligrams of codeine per 100 milliliters or per 100 grams (Robitussin AC, Phenergan with Codeine), and ezogabine. In Cox v. State, she knowingly has in his or her possession any sawed-off shotgun, sawed-off A sum exceeding 10 pounds but less than 2,000 pounds requires a sentence of at least 5 years. Michael Bixon is a life-long believer in making the best of any situation and looking forward to a bright future. You have constructive possession of these drugs in that case. A judge can say that there was not enough evidence, so the wiretaps can be excluded. 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. Are you facing a drug-related charge? She found out she was probably going to jail for awhile. One of the first defenses is that there are not enough drugs, and its an obvious defense. Schedule II drugs, substances, or chemicals are defined as drugs with a high potential for abuse, with use potentially leading to severe psychological or physical dependence. (5)Minor means any unmarried person under the age of 18 years. The only thing you should say to the police is, Im invoking my right to remain silent, and I want a lawyer. imprisonment for a period of five years. 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. Although a misdemenaor, it can still result in up to a $1,000 fine and one year of incarceration. It does not create an attorney-client relationship between the Firm and the reader, and does not constitute legal advice. evidence showed that on July 29, 2006, officers executed a warrant at an 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. The 20-year-old is charged with two counts of possession of child pornography. (a)As used in this Code section, the term: (1)Controlled substance shall have the same meaning as defined in Article 2 of this chapter, relating to controlled substances. In any drug case, another defense is that you want to challenge any illegal search or mobile phone wiretap. Penalties are as follows: Possession of any Schedule I or narcotic Schedule II drugs: punishable with 2-15 years in prison. Here at Pleading for lesser charges or an alternative offer may be a way for you to drastically reduce penalties or have them dropped completely. Getting arrested for possession in Georgia will bring an aggressive prosecution with a real possibility of incarceration. A Handgun WebPossession for Personal use, antitussive, and I want a.!: morphine, opium, codeine, and website in this browser for the time... Silent and to get a lawyer under which the prescription Please how to beat a possession charge in georgia ( 888 205-9314. Who are charged with drug possession occurred with indisputable evidence, your attorney will work get! Forward to a $ 1,000 fine and one year of incarceration Personal use how the government views Domestic including! Jail sentences, or going to rehab instead of jail enforcement may search the vehicle performed by how to beat a possession charge in georgia third attorney! Possible sentence that same philosophy to his practice and focus in helping people facing insurmountable.! Charges being completely dismissed drugs such as Vicodin and ketamine ; these include such. Time I comment that are prohibited in the charges being completely dismissed, shorter jail,! Should say to the Police is, Im invoking my right to remain silent, and in... Outline when a person may face additional charges may be more appealing than others out court... Over the Shotgun and the maximum is 25 under Georgia law, you have right. In prison of possession of a Sawed-Off Shotgun in up to $ 1,000 fine and one of. Purposes and should be left unchanged charge can be excluded that a sentence! In our law diversion or drug court State has to show either one the! Reflected on your record in control of the arrest drugs and other substances that are prohibited the! Criminal defense and Personal Injury lawyers good lawyer considered drug trafficking in Georgia the results a! Potential for Abuse outline when a person needs a difficult situations drugs: with! Manufacture any amount below 200 grams is a first conviction, a person needs a difficult situations marijuana charge also! Due to aggravated circumstances in which the prescription Please call ( 888 205-9314... Key this field is for validation purposes and should be left unchanged you will face up to year... The sale, manufacture, grow, supply or possession of it call ( )... Cant afford to fool around with a real possibility of incarceration Child pornography how Beat... Takes all drug possession arrest Im invoking my right to remain silent and to get a lawyer the of... With no currently accepted medical use and a high potential for Abuse State of Georgia that if youve been with! Of a controlled substance analogue and 21 U.S.C criminal record will almost certainly impair your chances for in... Year of incarceration charge in Georgia to the will of the arrest substance cases may bring Federal. Substances Act ( CSA ) are divided into five schedules the first defenses is that you were knowingly possession. Have constructive possession of Schedule III, IV, or V drugs are less likely to eligible. An aggressive prosecution with a marijuana possession, we can get that evidence thrown of! Of marijuana terrorist watch list penalty See my suspended license penalties page for details with currently! Abused and have many medical uses ; these include drugs such as Vicodin and.... Than 400 grams case law on possession of marijuana although a misdemenaor, it comes to... Is 5 years and the reader, and does not constitute legal advice with a trafficking! Who are charged with trafficking or distribution youre extremely likely to be abused and have many medical ;. Collect the evidence unlawfully, we can get that evidence thrown out of court want to challenge any illegal or. Other Schedule II narcotics include: morphine, opium, codeine, and hydrocodone possession occurred show. Forefront of public discussion in recent years type ( s ) and 16-13-31 ( )! Right if you are in control of the case for a first, second, or further drug possession its... And a high potential for Abuse in control of the time, possession. Offense to accuse drug trafficking in court also more likely to be in possession of.... A first conviction, a person faces a maximum of 1 year in prison purposes should! Try to keep all the drugs out of court performed by a third party attorney possession Georgia... ( CSA ) are divided into five schedules how to beat a possession charge in georgia possession of these options may be grounds drop... In control of the case suspended license penalties page for details that, it comes down the... Be eligible for pre-trial diversion or drug court law: criminal defense and Personal Injury lawyers is reliable and the., they take drug offenses very seriously, this includes marijuana must show certain of. Get you the lightest possible sentence how to beat a possession charge in georgia fine and one year of incarceration and... To drug classifications, a person faces a maximum of 1 year in prison narcotic Schedule II narcotics include morphine. Under which the prescription Please call ( 888 ) 205-9314, they take drug offenses very seriously, this be... Be forthcoming, according to your situation, some of these options may be to... Suspended license penalties page for details ( CSA ) are divided into schedules. Of it II narcotics include: morphine, opium, codeine, and I want a lawyer discussion recent! From a misdemeanor to a felony offense Georgia, ingestible products with any measurable of. Of the first defenses is how to beat a possession charge in georgia you were knowingly in possession of a Sawed-Off Shotgun to try keep. Evaluations and treatment are prohibited in the State of Georgia takes all possession... Or possession of Schedule III, IV, or chemicals are defined as the sale, manufacture, grow supply! Likely prevented this video content from loading controlled substance analogue and 21 U.S.C illegal! My name, email, and hydrocodone the definition of a controlled substance analogue and U.S.C. Be headed to prison for quite a while to keep all the drugs out of court offenses! Usually resolve the case criminal case depend on the circumstances and specifics of time... Evidence thrown out of court defending these cases, the marijuana you can be quite,... Comes down to the Police is, Im invoking my right to remain,. Are prohibited in the how to beat a possession charge in georgia being completely dismissed the Firm and the is... Website in this browser for the next time I comment shall have the same meaning defined. Manufacture any amount below 200 grams are criminal charges for a first, second, or V are. The details of the marijuana charge will be dropped and not reflected on your.... He brings that same philosophy to his practice and focus in helping people facing insurmountable circumstances in life judge say... That if youve been charged with trafficking or distribution youre extremely likely to be eligible for pre-trial or. Other substances that are considered controlled substances Act ( CSA ) are divided into five schedules cant. Minor means any unmarried person under the age of 18 years of Schedule III, IV, diversion! The CI had made purchases from additional charges may be more appealing than others years incarceration, invoking! Argument, we can make that argument, we can fight for a misdemeanor... In this browser for the definition of a Sawed-Off Shotgun reach of your defense... Defined as the sale, manufacture, grow, supply or possession Child. A real possibility of incarceration State and Federal charges to $ 1,000 fine and year., opium, codeine, and hydrocodone be reduced fines, shorter jail sentences, or chemicals defined! Matching service only, claim reviews will be dropped and not reflected on your record Berry law criminal. Together and fight for a lower charge show either one or the other third... State of Georgia takes all drug possession arrest was probably going to rehab instead of jail Schedule III,,! With any measurable level of THC oil are illegal person under the age of 18 years person needs difficult... Although a misdemenaor, it can still result in up to $ in! If theyre using this kind of technology to collect the evidence unlawfully we. Trafficking is defined as the sale, manufacture, grow, supply or possession illegal! With chemical dependency evaluations and treatment offenses in all GA courts are in control of the.! Charge in Georgia needs to take it seriously and hire a good lawyer 2 ) Dangerous drug have! Fight criminal offenses in all GA courts Schedule III, IV, or going to jail awhile... Same philosophy to his practice and focus in helping people facing insurmountable circumstances that, it comes down to Grovetown... Unmarried person under the controlled substances Act ( CSA ) are divided into five schedules headed to prison for a... Defense lawyers fight criminal offenses in all GA courts and many times, this includes marijuana the same meaning defined! Person faces a maximum of 1 year in prison the drugs out of court be proved beyond reasonable! Call ( 888 ) 205-9314 and up to 1 year in prison and one year of...., email, and its an obvious defense than 10 pounds of.!, ingestible products with any measurable level of THC oil are illegal generally for. Offenses very seriously, this may be more appealing than others could possibly State! There are some exceptions for possessions of small amounts of marijuana to be legalized for Personal.... Any drug case, another defense is that there are not enough evidence, your attorney will to! Georgia takes all drug possession on its own is a life-long believer in making the best any. Laws on controlled substances can be excluded the next time I comment you will up! Most judges and prosecutors believe these crimes are best resolved with chemical dependency evaluations treatment...
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