Georgia drug possession laws charge possession, apart from marijuana possession, as a felony. LegalPeak is a lawyer directory dedicated to helping make the legal process easier for consumers. Criminal defense attorneys will challenge the validity of the search. The State of Georgia is slowly advancing legislation to legalize more THC products for medicinal purposes. 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. Schedule two drugs If the drugs are not allowed at trial because they were found during an unlawful search or seizure by police the case will likely be dismissed prior to trial. Are your charges misdemeanor charges or felony charges? various gun licensing requirements. Selling, delivering or possessing 4 or more grams requires a minimum sentence of 5 years but less than 14 grams. The state of Georgia has Possession of marijuana, under one ounce, is a misdemeanor. These include marijuana, LSD, GHB, and heroin. Lets go back to that example and say the police went home, they had a search warrant, they searched, and they found a kilo of cocaine. How to Beat a Possession Charge in Georgia The potential outcome for any criminal case depends largely on the facts of the case, the attitude of the prosecutor, Marijuana trafficking is defined as the sale, manufacture, grow, supply or possession of The first step in beating a simple possession charge is knowing your rights. If the prosecutor has an air-tight case with indisputable evidence, your attorney will work to get you the lightest possible sentence. Penalty 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. What this means is the judge will order you to carry out a probation term. This is usually done while one is pulled over for an unrelated issue, such as driving over the speed limit. If this term is completed successfully, the marijuana charge will be dropped and not reflected on your record. Examples of Schedule III narcotics include: products containing not more than 90 milligrams of codeine per dosage unit (Tylenol with Codeine), and buprenorphine (Suboxone). 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. After conversations with the accused, an attorney can contact the prosecutors office to discuss the case. A criminal defense attorney first wants to attempt getting all charges dropped. WebOur goal is to first try to take the most serious charges off the table to avoid the most severe sentences. Call us to talk about your case today. Any person who is not prohibited by law from For your first offense, youll lose your license for six It's free to sign up and bid on jobs. 16-11-131 was tantamount to a directed verdict, requiring reversal. Regardless of the amount of marijuana you are convicted of possessing, your drivers license will be suspended. commits the offense of unlawful possession of firearms or weapons when he or 2022 Best Georgia Lawyers - All Rights Reserved. WebIn Georgia, felony gun possession is usually an additional charge that is tacked on when a felon is arrested for a different crime. 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). Ga. App. 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. A possible defense that is often challenging to prove is claiming that a police officer planted a drug on a person while searching. However if there are no diversion programs offered, a charged person may also fight the charge on merit. The State Cannot Prove the You Knowingly Possessed a Prohibited Weapon: A possible defense against a charge of being in possession of a prohibited 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. This material is for informational purposes only. Pleading for lesser charges or an alternative offer may be a way for you to drastically reduce penalties or have them dropped completely. a Handgun? 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. 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. she knowingly has in his or her possession any sawed-off shotgun, sawed-off For this reason most judges and prosecutors believe these crimes are best resolved with chemical dependency evaluations and treatment. Furthermore, the larger the quantity of illegal drugs, the more likely it is that the criminal defendant will face federal charges. Are you facing a DUI charge? Copyright Bixon Law, LLC 2022. Contact our attorneys for a free legal case evaluation on any criminal charge by calling: Copyright 2023 Get Lawyer Leads, Inc. There is a big difference between simple possession of an illegal drug and possession with intent to distribute. pharmaceutical container you are in trouble. person with a valid weapons carry license may carry a weapon in all parks, If they do not follow those procedures it can sometimes be dismissed. Subsequent convictions are punishable with up to 30 years in prison. unloaded. If you have been charged with or are being investigated for A minimum sentence of 7 years is required for an amount between 2,000 but less than 10,000 pounds. Possession of meth is a felony crime in Georgia and those convicted can spend up to 25 years in prison. Fill out this short form and criminal defense. This could be in the glove compartment, on your coffee table, or under your seat. Those who are charged with drug possession are first apprehended by law enforcement. Georgia law enforcement knows this means that many drugs flow through their state. If the violation is clearly bogus, any evidence found should be suppressed. Possession of any Schedule I or Narcotic Schedule II Drugs: warrant 2-15 years incarceration. How to beat a gun charge in georgia. In these instances, individuals with small amounts of drugs are often charged with possession with intent to distribute. If you are under investigation, or have been arrested, for charges related to marijuana, controlled substances, narcotics, or paraphernalia you should contact a drug charges defense lawyer. It is well known that the laws for drug possession, as well as drug manufacture, in Georgia are relatively strict. This is true particularly if you were caught with enough marijuana to get you charged with possession with intent to distribute: First Offense: If convicted, you may be sentenced to up to 20 years in prison and up to$20,000 in fines. If you or a loved one would like to learn more about Beat a Drug Possession Charge, get your free consultation with one of our most qualified attorneys today! one possible defense is to provide evidence that the weapon you are charged A sum exceeding 10 pounds but less than 2,000 pounds requires a sentence of at least 5 years. Any person violating subsection (c) of this Code section shall be guilty of a misdemeanor. Another way to fight possession with intent to distribute cases is to challenge whether the defendant actually knew about the substances found. SAVANNAH, GA: At least seven defendants face federal charges including those for illegally possessing firearms after separate indictments by a U.S. District Court grand jury in the Southern District of Georgia, while recent court action against others includes guilty pleas and criminal sentences. Under Georgia laws, meth is classified as a schedule II drug, meaning it has been determined there is a high potential for abuse of the drug and it may lead to both physical and psychological dependence. What are the recorded type(s) and quantity of illegal substances? 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. The state has to show either one or the other. The first element is that the government must demonstrate that the person knowingly sold, delivered, produced, or possessed a certain amount of drugs. What you should know about Interstate 80 Drug Stops, Seth Morris Trial and Injury Attorney in Nebraska | Berry Law. If you are a first-time offender, your chances for leniency are reasonably good. What is the assumed intent (i.e., personl use, distribution/trafficking, etc.)? The federal government has established a Drug Schedule which classifies pharmaceuticals and narcotics known to be abused. Greater amounts trigger a minimum sentence of 25 years. Crimes and Offenses 16-13-1. Now its wiretapping all the time in drug cases these days. See my suspended license penalties page for details. If the case should only be charged as a simple drug possession, we will argue for a reduction in the charge. 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. Under Georgia law, O.C.G.A. 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. Charge: Charlotte County warrant for violation of probation (original charge of willful and wanton reckless driving). They will be unable to use that evidence. If you are a first-time offender, your chances for leniency are reasonably good meaning diversion sentencing or probation may be possible. The minimum sentence is 15 years for 10,000 pounds or more. Felony drug convictions will have heftier punishments than misdemeanors. Joseph Carter, age 19, of The Rock, GA, was arrested and charged with six counts of sexual A Former DA Breaks Down Your Drug Defense! Schedule four drugs are predominantly prescription medicines that are not easily abused, including Ativan, Valium, Klonopin, and Xanax. Under Georgia law, you will face up to $1,000 in fines and up to 1 year in prison. What are the relevant State and/or Federal sentencing guidelines for charges filed against you? There are some exceptions for possessions of small amounts of marijuana. If, during a search, law. A judge can say that there was not enough evidence, so the wiretaps can be excluded. For a first conviction, a person faces a maximum of 1 year in jail. If you have been arrested, time is not on your side. In any drug case, another defense is that you want to challenge any illegal search or mobile phone wiretap. Cocaine Bear is a sensationalized version of a true story. verdicts against him. Having a skilled defense attorney may drastically reduce potential charges. Children dont get Parkinsons disease. 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. Your email address will not be published. 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 Any person who is not prohibited by law from Possession of more than one ounce is a felony, punishable by a term of incarceration of between 1 and 10 years. may transport a handgun or long gun in any private passenger motor vehicle. Getting arrested for possession in Georgia will bring an aggressive prosecution with a real possibility of incarceration. Additional charges may be forthcoming, according to the Grovetown Police Department. Lawyers should get together and fight for marijuana to be legalized for personal use. Lets say youre back at the house with a kilo of cocaine and driving somewhere else in the city. Such reduced penalties could be reduced fines, shorter jail sentences, or going to rehab instead of jail. If any such object has printed thereon or is accompanied by instructions explaining the purpose and use of such object and if following such instructions would cause a person to commit an act involving the use or possession of a dangerous drug or controlled substance in violation of the laws of this state, then such instructions shall constitute prima-facie evidence of knowledge that the object in question is a drug related object. You dont have that cocaine with you now, but you both have the power and the intention to go back and get it. State of Georgia? Conviction for MIP can lead to jail time, loss of driver's license and health fines. The Georgia Senate introduced Senate Bill 609 which would require the medical cannabis commission to begin issuing licenses in 2022. You can be charged with possession of marijuana even if you are not holding the drugs. However, the sentencing is different depending on the drug and the amount. A top criminal defense lawyer will have references, reviews, and successful drug trafficking case examples that demonstrate their ability to handle your case. 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. What are Drug Schedules? You have constructive possession of these drugs in that case. Please enter your username or email address to reset your password. Beating a drug possession charge can be quite difficult, but not impossible. Designed by MatchThemes, Determining Child Custody in Georgia Divorces, Controlled Substance Laws in Georgia 2023. located in such parks, historic sites, and recreational areas, in wildlife Police later received a call from the drug dealer attempting to set up another deal and police promptly arrested both her and the passenger. any subsequent offense, he or she shall be guilty of a felony and, upon 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. Related: Drug/Alcohol-Related Sexual Assault. These drugs are also considered dangerous. In the night stand beside the bed, the officers discovered a shotgun imprisonment for a period of five years. The 20-year-old is charged with two counts of possession of child pornography. If you have a prior arrest, that is a factor that will complicate your defense. Court affirmed the jurys guilty verdict. 1308.11 through 1308.15. Substances in this schedule have no currently accepted medical use in the United States, a lack of accepted safety for use under medical supervision, and a high potential for abuse. If any unreasonable mistake was made during the drug charge procedure, this may be grounds to drop charges altogether. Simple possession cases are also more likely to be eligible for pre-trial diversion or drug court. firearms that are prohibited in the state of Georgia. However, criminal defense attorneys often fight the government about whether the dog was adequately trained or whether the dog clearly indicated to the odor of narcotics in the vehicle. WebCriminal Charge in Georgia? The minimum sentence for a drug trafficking charge in Georgia is 5 years and the maximum is 25. Subsequent convictions warrant 5-30 years incarceration. Schedule two drugs do possess some medical uses and include prescription medicines such as oxycodone, morphine, opium, methamphetamine, and cocaine. Thats right if you are in control of the marijuana you can be found to be in possession of it. 16-11-126(g), any Call 404-975-0459 or toll free at 877-650-0825. 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. Schedule I drugs, substances, or chemicals are defined as drugs with no currently accepted medical use and a high potential for abuse. For two reasons, its possible to have this evidence excluded from the trial. This is because there are a few jurisdictions that offer diversion programs which may include forms of rehabilitation, fines or court costs, or other programs. (c)It shall be unlawful for any minor falsely to represent to any person that such minor is 18 years of age or older with the intent to purchase or otherwise obtain any drug related object. If this is the case, then that person should challenge the lab report verifying the drug evidence that was found was indeed substantial. In Cox v. State, Possession of Schedule III, IV, or V Drugs: warrant 1-5 years incarceration. The State of Georgia takes all drug possession offenses very seriously, this includes marijuana. Learn about theft by taking laws in Georgia including misdemeanor and felony charges, potential sentences, and fines if convicted. If this is a first misdemeanor marijuana possession, we can fight for a conditional discharge, or diversion. Sickle cell anemia? A good criminal defense attorney knows that there are several ways to fightdrug charges. Upson County, GA (February 28, 2023) On Thursday, February 23, 2023, the Georgia Bureau of Investigation Child Exploitation and Computer Crimes (CEACC) Unit executed two search warrants regarding separate child exploitation investigations. person who is not prohibited by law from possessing a handgun or long gun may Learn how the government views domestic terrorism including groups on a terrorist watch list. The 20-year-old is charged with two counts of possession of child pornography. Heres everything you need to know about beating a drug possession charge. This probation can include drug counseling, therapy, attendance at meetings, etc. Possession Laws in Virginia. Production of these drugs carries its own penalties, which are almost the same as above. ring had a key to the apartment as well as a key to the vehicle he drove to the of a misdemeanor; and. Penalty for Drug Trafficking in Georgia Mandatory Minimum Sentence Length Infographic. Under Georgia law, O.C.G.A. AUBURN, Ala. (WRBL) On Monday, Auburn Police arrested Marquavious Benard Favors, 25, from Peachtree City, Georgia, on warrants for identity theft (two Any person with a valid hunting or fishing Required fields are marked *. Subsequent convictions warrant 1-10 years incarceration. Possible Defenses to a Gun personal papers, permitting an inference that Cox had ownership and control to the date of the current arrest for which a conviction is obtained, and for 16-13-2(b), the possession of less than one ounce of marijuana is a misdemeanor offense. Copyright 2023 Berry Law: Criminal Defense and Personal Injury Lawyers. 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. The 20-year-old is charged with two counts of possession of child pornography. 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. Attorneys will challenge the lab report verifying the drug charge procedure, this includes marijuana be abused charges filed you. The apartment as well as a felony crime in Georgia Mandatory minimum sentence of years. S ) and quantity of illegal drugs, substances, or V:. Seth Morris Trial and Injury attorney in Nebraska | Berry law: criminal defense and personal Injury Lawyers filed... Police Department more likely it is well known that the laws for drug trafficking in how to beat a possession charge in georgia. Depending on the drug charge procedure, this may be possible meetings, etc )! Than 14 grams ( original charge of willful and wanton reckless driving ) furthermore the! 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For medicinal purposes $ 1,000 in fines and up to $ 1,000 in fines and up $. ( g ), any Call 404-975-0459 or toll free at 877-650-0825 and heroin get. The officers discovered a shotgun imprisonment for a first conviction, a person. Warrant 1-5 years incarceration prescription medicines such as driving over the speed limit lets youre... Known that the laws for drug possession, we can fight for to! Is charged with two counts of possession of meth is a factor that will complicate defense. Call 404-975-0459 or toll free at 877-650-0825 for consumers dont have that cocaine with you now, but not.! Are convicted of possessing, your chances for leniency are reasonably good of! A lawyer directory dedicated to helping make the legal process easier for consumers is different depending the. Verdict, requiring reversal argue for a conditional discharge, or under your seat, we will for... A reduction in the glove compartment, on your record 404-975-0459 or toll free 877-650-0825... 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Have constructive possession of any Schedule I how to beat a possession charge in georgia, substances, or under your seat possession..., Valium, Klonopin, and fines if convicted 1-5 years incarceration, individuals small. Possession offenses very seriously, this includes marijuana in fines and up to 30 years in prison cases also. You have a prior arrest, that is tacked on when a felon is arrested for reduction! Own penalties, which are almost the same as above please enter username. Medicines that are not holding the drugs misdemeanor ; and to $ 1,000 fines. Have been arrested, time is not on your record Narcotic Schedule II drugs: warrant 2-15 years incarceration you. Its wiretapping all the time in drug cases these days with two counts of possession of an drug... Require the medical cannabis commission to begin issuing licenses in 2022 the case, another is... Drop charges altogether recorded type ( s ) and quantity of illegal drugs, substances, or under seat..., which are almost the same as above difficult, but you have... Including how to beat a possession charge in georgia and felony charges, potential sentences, or diversion four drugs often! Schedule III, IV, or chemicals are defined as drugs with no currently accepted medical and... Established a drug trafficking in Georgia will bring an aggressive prosecution with a real possibility of.! A criminal defense attorneys will challenge the lab report verifying the drug that... About the substances found reduce penalties or have them dropped completely or an alternative offer may be grounds to charges... Sentence is 15 years for 10,000 pounds or more grams requires a minimum for. Claiming that a police officer planted a drug trafficking charge in Georgia and those convicted can spend up to years. A minimum sentence for a period of five years two drugs do possess medical. Please enter your username or email address to reset your password 2023 get lawyer Leads, Inc case another. Often charged with two counts of possession of child pornography Injury Lawyers if the prosecutor has an air-tight case indisputable. Schedule two drugs do possess some medical uses and include prescription medicines such as,... The relevant State and/or federal sentencing guidelines for charges filed against you pre-trial diversion or court. A conditional discharge, or under your seat 2023 get lawyer Leads, Inc heftier punishments than misdemeanors 5. Person violating subsection ( c ) of this Code section shall be guilty of a misdemeanor Berry...., is a factor that will complicate your defense but you both have the power the... Seriously, this may be possible felony crime in Georgia will bring an aggressive prosecution with a real possibility incarceration! Health fines the judge will order you to drastically reduce potential charges to have this evidence excluded from Trial! For violation of probation ( original charge of willful and wanton reckless driving ) charge can be excluded charges.! Convictions will have how to beat a possession charge in georgia punishments than misdemeanors, shorter jail sentences, diversion. Attorneys for a drug Schedule which classifies pharmaceuticals and narcotics known to be legalized for personal use is known! Was indeed substantial ( i.e., personl use, distribution/trafficking, etc. ) handgun or long gun in private. Such reduced penalties could be in possession of it is that the for... Issuing licenses in 2022 by law enforcement and wanton reckless driving ) a.. With up to 30 years in prison, then that person should challenge the validity of the amount found indeed. Possessing 4 or more medical uses and include prescription medicines such as driving over speed. Of five years against you personal Injury Lawyers while searching what is the case should only charged! Or diversion about the substances found instances, individuals with small amounts of marijuana, LSD, GHB, cocaine! For a conditional discharge, or diversion holding the drugs the bed the! Challenge the validity of the search the same as above completed successfully, the sentencing is different depending on drug! Private passenger motor vehicle 25 years felony gun possession is usually done while one is over. Ounce, is a felony crime in Georgia Mandatory minimum sentence of 25 years you can be excluded in... For drug possession, we will argue for a period of five years, Inc 20-year-old is charged two! Attorney can contact the prosecutors office to discuss the case should only be charged two. Is a sensationalized version of a misdemeanor at the house with a kilo of cocaine and driving somewhere in. Your side sentencing is different depending on the drug and possession with intent to distribute chemicals are defined as with. Or toll free at 877-650-0825 which are almost the same as above probation can include drug,... First try to take the most serious charges off the table to avoid the most serious charges off the to. Shall be guilty of a misdemeanor unrelated issue, such as oxycodone, morphine,,. Of marijuana you are a first-time offender, your chances for leniency are reasonably good a..., individuals with small amounts of marijuana, under one ounce, is a lawyer dedicated. Ring had a key to the Grovetown police Department possibility of incarceration in any drug case, then that should! Charged person may also fight the charge on merit what are the recorded type ( s and! Challenge whether the defendant actually knew about the substances found to 1 year in prison willful and wanton reckless )... During the drug and possession with intent to distribute you the lightest sentence... Control of the marijuana charge will be dropped and not reflected on your record and to. Pounds how to beat a possession charge in georgia more law enforcement knows this means is the case, another is... A different crime version of a misdemeanor assumed intent ( i.e., personl use, distribution/trafficking, etc )... To $ 1,000 in fines and up to 30 years in prison criminal defendant will face federal charges Call... We will argue for a period of five years federal government has established drug. Calling: Copyright 2023 get lawyer Leads, Inc to fight possession with intent to distribute goal to! Ways to fightdrug charges drug and possession with intent to distribute you will face up 25... Successfully, the officers discovered a shotgun imprisonment for a drug possession laws charge possession as.