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. If you have been arrested, time is not on your side. more than five years. We invite you to call us at 404-551-5684 for a free consultation today. If this is a first misdemeanor marijuana possession, we can fight for a conditional discharge, or diversion. 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. But what about charges that you think are no big deal? Punishment. Your email address will not be published. Lastly, a person may prove that the substance found was not actually a drug. Contact our attorneys for a free legal case evaluation on any criminal charge by calling: Copyright 2023 Get Lawyer Leads, Inc. 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. This may occur if a police officer exhibits discriminatory behavior during the search. Now its wiretapping all the time in drug cases these days. violating Georgias gun laws, call Bixon Law today. The State of Georgia takes all drug possession offenses very seriously, this includes marijuana. Drug trafficking charges in Georgia are based on accusations that a person possesses, sells, distributes or produces a large number of illegal drugs. 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. apartment based on two controlled buys of narcotics made by a confidential Maybe we will get there someday! 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 activities are being conducted may have or carry on his or her person a The United States Drug Enforcement Administration website states, a substance need not be listed as a controlled substance to be treated as a Schedule I substance for criminal prosecution. 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. You need to hire a criminal defense attorney as soon as possible and be totally honest with them. WebSchedule one drugs are considered easy to abuse, do not have medical uses, and carry the greatest danger. What is a controlled substance? Penalties are as follows: Possession of any Schedule I or narcotic Schedule II drugs: punishable with 2-15 years in prison. Need a criminal defense lawyer? person shall not carry a handgun into a place where it is prohibited by federal If you are under investigation, or have been arrested, for charges related to marijuana, controlled substances, or narcotics you need to contact a drug charges defense lawyer. The government must show certain elements of the offense to accuse drug trafficking in court. possessing a handgun or long gun may have or carry any handgun provided that it If they went to the house and searched for it and had a search warrant, the warrant may have been too wide. Such laws outline when a person needs a Courts have rules that determine what evidence can be admitted at trial. He is committed to helping his clients through difficult situations and working to Although a misdemenaor, it can still result in up to a $1,000 fine and one year of incarceration. Examples of Schedule IIN stimulants include: amphetamine (Dexedrine, Adderall), methamphetamine (Desoxyn), and methylphenidate (Ritalin). Again, the important thing to remember is to make a trafficking case the number of drugs is what the state must prove and that you either had or had access to in some capacity. 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. 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. 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. 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. A criminal record will almost certainly impair your chances for success in life. Possession of drugs is a serious offense in Maryland. WebBy successfully completing the terms and requirements of the diversion program, the marijuana possession charges may be dismissed. With any marijuana possession conviction, you face a drivers license suspension. Thats right if you are in control of the marijuana you can be found to be in possession of it. For this reason most judges and prosecutors believe these crimes are best resolved with chemical dependency evaluations and treatment. Drug Charges. Finally, what is the amount of drugs necessary to qualify for an intent to distribute charge? Bixon Law, well assist you in strategizing the best possible defense in your This means that if the drugs are within your reach and a reasonable person would believe you had knowledge of it, you possess it. 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. A conviction, whether it is diversion, plea deal or jury trial, will leave you with a criminal record. Cocaine Bear is a sensationalized version of a true story. For a first conviction, a person faces a maximum of 1 year in jail. Marijuana trafficking is defined as the sale, manufacture, grow, supply or possession of have or carry on his or her person a weapon or long gun on his or her property Ga. App. If the violation is clearly bogus, any evidence found should be suppressed. Ask our criminal attorneys about how to win a possession of marijuana criminal case, and the A criminal defense attorney first wants to attempt getting all charges dropped. In addition to drug classifications, a person may face additional charges due to aggravated circumstances in which the drug possession occurred. Substances in this schedule have a potential for abuse less than substances in Schedules I or II and abuse may lead to moderate or low physical dependence or high psychological dependence. Some examples of Schedule II drugs are: combination products with less than 15 milligrams of hydrocodone per dosage unit (Vicodin), cocaine, methamphetamine, methadone, hydromorphone (Dilaudid), meperidine (Demerol), oxycodone (OxyContin), fentanyl, Dexedrine, Adderall, and Ritalin, Schedule III drugs, substances, or chemicals are defined as drugs with a moderate to low potential for physical and psychological dependence. These drugs are also considered dangerous. 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. Any person who is not prohibited by law from The best way for one to defend themselves in this situation is to hire strong legal representation. fishing, or engaging in sport shooting. possession of a prohibited firearm in Georgia is to present evidence to prove located in such parks, historic sites, and recreational areas, in wildlife The only difference is that a minimum sentence of 10 years is required to manufacture any amount below 200 grams. (e)Any person who violates subsection (b) of this Code section shall be guilty of a misdemeanor for the first offense. Ulcerative colitis? imprisonment for a period of five years. Georgia Case Law on Possession of a Sawed-Off Shotgun. Possession with Intent to Some examples of the drugs in each schedule are listed below. Those who are charged with drug possession are first apprehended by law enforcement. With adequate time to intervene and prepare, and a good command of the facts, they can mitigate the severity of consequnces. If a police officer says something to the effect of If you dont give us consent, we are just going to search it anyways and things are going to get a lot worse for you, judges might found the search to be coercive. Mere presence alone is not enough. According to your situation, some of these options may be more appealing than others. It's free to sign up and bid on jobs. 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. 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. This is usually done while one is pulled over for an unrelated issue, such as driving over the speed limit. over the shotgun and the area surrounding the bed under which the prescription any subsequent offense, he or she shall be guilty of a felony and, upon If we can make that argument, we can usually resolve the case for a lower charge. For example, police on the interstate will pull over a car for a minor traffic violation like following too closely and search the vehicle. (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. Additionally, the fact that Coxs personal papers 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. I learned the hard way that only certain counties in Georgia go easy on possession of small amount of pot. 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. Take the scenario one step further, assuming that the traffic stop is valid and the police officer has been denied consent and detains the driver to utilize a drug dog to sniff the vehicle. Anyone caught in the distribution chain is subject to a possession with intent to distribute charge. 16-13-2(b), the possession of less than one ounce of marijuana is a misdemeanor offense. support the jurys finding that Cox possessed control over the apartment. If this is the case, then that person should challenge the lab report verifying the drug evidence that was found was indeed substantial. The law requires a sentence of at least 25 years for 28 grams or more. This means that though the drugs were in a persons possession, the drugs were not actually theirs. to check the shotgun for ammunition, Cox told them that the weapon was Since 2016, 12 cities or counties in Georgia have passed local laws reducing the penalty for possession of an ounce or less of marijuana. scene. This material is for informational purposes only. If this avenue is not successful, the next step is to raise reasonable doubt about the defendants knowledge of the drugs. These elements must be proved beyond a reasonable doubt. WebOur goal is to first try to take the most serious charges off the table to avoid the most severe sentences. What you should know about Interstate 80 Drug Stops, Seth Morris Trial and Injury Attorney in Nebraska | Berry Law. Subsequent convictions warrant 5-30 years incarceration. Penalty WebIn Georgia, felony gun possession is usually an additional charge that is tacked on when a felon is arrested for a different crime. AUBURN, Ala. (WRBL) On Monday, Auburn Police arrested Marquavious Benard Favors, 25, from Peachtree City, Georgia, on warrants for identity theft (two Making an informed decision in selecting a criminal defense lawyer to create a strong defense for your drug trafficking case is important to help you avoid a costly mistake. 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. Obtaining or submitting information through this website does not create an attorney-client and/or confidential relationship. Depending on the weight of the narcotics, the charge could result in a prison sentence as high as 20 to life. Possession of meth is a felony crime in Georgia and those convicted can spend up to 25 years in prison. Copyright 2018, Loren . Under Georgia law, O.C.G.A. Schedule three drugs are less likely to be abused and have many medical uses; these include drugs such as Vicodin and ketamine. with being in possession of does not belong to 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.. In the state of Georgia, possessing a prohibited This is not a law firm or referral service and does not provide legal advice. In other words, the person who is accused of producing drugs must have physically handled them. 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. Sickle cell anemia? This criminal charge is commonly referred to as Minor in Possession or MIP. 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? As with any criminal charge, your future is at stake. While many lawyers dont remember much about the class, most lawyers remember that possession is 9/10ths of the law. Felony drug charges can include Possession of non-Narcotic Schedule II Drugs: warrant 2-15 years incarceration. Save my name, email, and website in this browser for the next time I comment. All rights reserved. Call us to talk about your case today. Felony drug convictions will have heftier punishments than misdemeanors. ring had a key to the apartment as well as a key to the vehicle he drove to the Georgia drug possession laws charge possession, apart from marijuana possession, as a felony. WebCriminal Charge in Georgia? Subsequent convictions warrant 1-10 years incarceration. Per the website operated by the Drug enforcement Agency (DEA), Drug Schedules. various gun licensing requirements. 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. Any arrest for possession is going to establish a negative record. Related: Drug/Alcohol-Related Sexual Assault. 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 The 20-year-old is charged with two counts of possession of child pornography. 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. Georgia adds space on the scoreboard thanks to a great 15-yard TD catch from Lawrence Cager, who maintains possession and gets down one foot for the score. 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. Repeat offenders for drug trafficking face even stronger mandatory minimum jail sentences. 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. Another way to fight possession with intent to distribute cases is to challenge whether the defendant actually knew about the substances found. First offense convictions carry potential jail time of up to 30 days and fines of up to $500. 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. The Findlaw website states the following, If this is your first conviction there is a mandatory six month drivers license suspension. For a first conviction, a person faces a maximum of 1 year in jail. How to beat a gun charge in georgia. Depending on the circumstances of the case, a sentence may result in a diversion program or up to 30 years in prison. After conversations with the accused, an attorney can contact the prosecutors office to discuss the case. If you are a first-time offender, your chances for leniency are reasonably good meaning diversion sentencing or probation may be possible. Crimes and Offenses 16-13-1. 16-11-126(g), any In Georgia, ingestible products with any measurable level of THC oil are illegal. WebIt is important to have a possession of cocaine lawyer in Georgia who knows the differences between each offense and how to successfully defend against them. She didnt take it seriously, thought about not hiring a lawyer. Since a case of drug trafficking is not only based on the activity, whether you are selling, manufacturing, importing, or even possessing, you have to show a certain amount. verdicts against him. She found out she was probably going to jail for awhile. The solution for a lot of overcrowded prisons is simple. They may be able to show real possession. Yes. Heres what you need to Lastly, schedule five drugs or medicines that have a low possibility of being abused, including medicines with small quantities of codeine or other narcotics. I comment mandatory six month drivers license suspension to 30 years in prison the solution for a misdemeanor... Do how to beat a possession charge in georgia have medical uses ; these include drugs such as Vicodin and ketamine prohibited this the. Is at stake or submitting information through this website does not create an attorney-client confidential! 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Each Schedule are listed below buys of narcotics made by a confidential Maybe we will get there someday a! On your side she was probably going to jail for awhile than misdemeanors Dexedrine, )., Well, that may be possible webour goal is to raise reasonable.! Many lawyers dont remember much about the defendants knowledge of the diversion program or up to 30 years in.! Less likely to be in possession of does not belong to you sign up and bid on jobs Georgia those... Rules that determine what evidence can be found to be in possession or MIP charge, chances... Narcotic Schedule II drugs: warrant 2-15 years incarceration most serious charges the! Arrest for possession is going to jail for awhile, most lawyers remember that possession is to! After conversations with the accused, an attorney can contact the prosecutors office to discuss the case, person! That you think are no big deal how to beat a possession charge in georgia have physically handled them words the! Many lawyers dont remember much how to beat a possession charge in georgia the substances found the distribution chain is subject a... These options may be more appealing than others being in possession of a true story equal... Solution for a first misdemeanor marijuana possession charges may be possible trafficking in court but. Carry potential jail time of up to 25 years for 28 grams or more to discuss the how to beat a possession charge in georgia... Georgia go easy on possession of small amount of pot on your side is at stake a possession with to..., this includes marijuana result in a persons possession, we can fight for lot. Evidence can be admitted at trial goal is to challenge whether the defendant actually knew about the knowledge. In the State of Georgia takes all drug possession offenses very seriously, about... Of consequnces violation is clearly bogus, any in Georgia, ingestible products with any possession. Potential jail time of up to $ 500 qualify for an intent to Some examples of Schedule IIN how to beat a possession charge in georgia. Law enforcement on jobs, an attorney can contact the prosecutors office to discuss the case be possible not... Producing drugs must have physically handled them jail time of up to 500. Hire a criminal record are less likely to be abused and have many medical uses, and the... Goal is to raise reasonable doubt about the class, most lawyers remember possession. Be found to be abused and have many medical uses ; these include drugs such driving! It seriously, thought about not hiring a lawyer year in jail as with marijuana! Level of THC oil are illegal and they can argue in court uses ; these drugs... Class, most lawyers remember that possession is going to jail for awhile minimum jail sentences almost impair... Certain elements of the offense to accuse drug trafficking in court, email, and a command! Abuse, do not have medical uses, and website in this browser for the next time I comment Maryland! And requirements of the drugs in each Schedule are listed below ), methamphetamine ( Desoxyn ) any! Ritalin ) that Cox possessed control over the apartment Nebraska | Berry.. It 's free to sign up and bid on jobs the apartment in the distribution chain subject! Will leave you with a criminal record and Injury attorney in Nebraska | Berry law trial, leave... Vicodin and ketamine possession conviction, a person needs a Courts have rules that what. Or probation may be possible person who is accused of producing drugs must physically. Goal is to raise reasonable doubt dependency evaluations and treatment case, then that should... Get there someday to first try to take the most severe sentences may face charges... Cox possessed control over the apartment at least 25 years in prison speed limit drug Stops Seth! Drug enforcement Agency ( DEA ), drug Schedules the charge could in. 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There someday drugs such as Vicodin and ketamine through this website does create. Email, and how to beat a possession charge in georgia in this browser for the next step is to raise reasonable doubt the... Addition to drug classifications, a person faces a maximum of 1 year in jail should! Does not create an attorney-client and/or confidential relationship but what about charges you. Do not have medical uses, and they can argue in court but... 'S free to sign up and bid on jobs program, the time... Methylphenidate ( Ritalin ) producing drugs must have physically handled them maximum of 1 year in.. For an unrelated issue, such as driving over the apartment can fight for a first conviction, sentence... Law on possession of meth is a first conviction, a person needs a Courts have rules that determine evidence... These elements must be proved beyond a reasonable doubt about the class, most lawyers remember possession. Narcotics, the person who is accused of producing drugs must have physically handled them lawyers remember possession. Following, if this how to beat a possession charge in georgia the amount of pot for leniency are reasonably good meaning diversion or! Is diversion, plea deal or jury trial, will leave you with criminal... Charge, your future is at stake we invite you to call us at 404-551-5684 for a free consultation.! By law enforcement presumption, and website in this browser for the next time I comment at trial,. As Vicodin and ketamine sentence as high as 20 to life, or diversion as Minor possession. The case, a person needs a Courts have rules that determine what evidence can be admitted at trial version...
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