how to beat a possession charge in georgia

Children dont get Parkinsons disease. According to inmate bookings, Stanley Hester, 20, is charged with two counts of possession of child pornography. The only thing you should say to the police is, Im invoking my right to remain silent, and I want a lawyer. Please call (888) 205-9314. person shall not carry a handgun into a place where it is prohibited by federal Once these are completed or satisfied, obligations or charges may be dropped and no conviction is recorded on the individuals record. 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. If any unreasonable mistake was made during the drug charge procedure, this may be grounds to drop charges altogether. You need to hire a criminal defense attorney as soon as possible and be totally honest with them. to check the shotgun for ammunition, Cox told them that the weapon was Depending on the weight of the narcotics, the charge could result in a prison sentence as high as 20 to life. LegalPeak is a lawyer directory dedicated to helping make the legal process easier for consumers. They will be unable to use that evidence. 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 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 When it comes to the amount of drugs, weight or size does matter. In some cases, this is very damaging evidence. 16-11-126, any person with a valid weapons carry license may carry a weapon in all parks, 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. 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. one possible defense is to provide evidence that the weapon you are charged 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. Its obvious that if youve been charged with trafficking or distribution youre extremely likely to be headed to prison for quite a while. If you have been These elements must be proved beyond a reasonable doubt. Conviction for MIP can lead to jail time, loss of driver's license and health fines. Are your charges misdemeanor charges or felony charges? This can happen if there was an illegitimate traffic stop, unreasonable search, or other police misconduct. A sentence of at least 10 years is required for quantities between 14 and less than 28 grams. It is well known that the laws for drug possession, as well as drug manufacture, in Georgia are relatively strict. WebIf you are facing a charge of assault or battery in Georgia, a criminal defense attorney can investigate the case and determine if you were wrongfully charged or if other reasons Ulcerative colitis? 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. For example, if you were not read your Miranda Rights, then this may be grounds to argue that your rights were violated, therefore leading to a dropped charge. Ga. App. Thats when a judge permits law enforcement to lawfully record your conversations with others and potentially intercept other information such as location. What are the recorded type(s) and quantity of illegal substances? 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. Thats right if you are in control of the marijuana you can be found to be in possession of it. Potential Sentence If this is your first This probation can include drug counseling, therapy, attendance at meetings, etc. We invite you to call us at 404-551-5684 for a free consultation today. Crimes and Offenses 16-13-1. WebIf you have been charged with a first-time drug offense in Georgia, an experienced drug defense lawyer can fight to get you sentenced as a first offender or fight for a conditional Legal advice must be tailored to the specific circumstances of each case, and the contents of this page is not a substitute for legal counsel. In Georgia, ingestible products with any measurable level of THC oil are illegal. Possession of Schedule III, IV, or V Drugs: warrant 1-5 years incarceration. There are defenses against a drug trafficking charge, and in cases like this, we have used many defenses effectively to represent people. Designed by MatchThemes, Determining Child Custody in Georgia Divorces, Controlled Substance Laws in Georgia 2023. 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. 813 for the schedule.)2. 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. The possession of drugs is often criminalized under both state and federal laws and is categorized as either simple possession or possession with the intent to distribute. Sickle cell anemia? Finally, what is the amount of drugs necessary to qualify for an intent to distribute charge? If youre facing drug possession charges and need a lawyer, get your free consultation with a Her Lawyer attorney today. Drugs and other substances that are considered controlled substances under the Controlled Substances Act (CSA) are divided into five schedules. So, in essence, drug trafficking is any kind of drug crime. various gun licensing requirements. 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. In other words, the person who is accused of producing drugs must have physically handled them. Claim Entrapment. 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. Drug Possession Intent to Distribute / Drug Trafficking. And what you do with the drugs doesnt matter. case depending on the facts and circumstances involved. Trafficking methamphetamine/amphetamine involves selling, delivering, or possessing 28 grams or more of methamphetamine or amphetamine. to the date of the current arrest for which a conviction is obtained, and for You want to challenge a wiretap as well. Please call (888) 205-9314. But even if theyre not with you at the time, you can also possess drugs. If this is a first misdemeanor marijuana possession, we can fight for a conditional discharge, or diversion. Court affirmed the jurys guilty verdict. Aside from that, it comes down to the will of the prosecutor vs. the skill of your criminal defense lawyer. The prosecution would then be required to prove beyond a reasonable doubt that the lab reports were fair and honest. 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. 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 This material is for informational purposes only. Any person with a valid hunting or fishing A minimum sentence of 7 years is required for an amount between 2,000 but less than 10,000 pounds. Any person who is not prohibited by law from In reality, most of the time, drug possession on its own is a felony offense. Are your charges misdemeanor charges or felony charges? (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 avenue is not successful, the next step is to raise reasonable doubt about the defendants knowledge of the drugs. (See 21 U.S.C. The penalty is a mandatory minimum sentence of 10 years if the quantity is at least 28 grams but less than 200 grams. Domestic terrorism in the United States by extremists and groups can result in harsh sentences for participants. 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. fishing, or engaging in sport shooting. with a barrel shorter than 18 inches. 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. O.C.G.A. The gun charge raises the stakes of the criminal case considerably. If the case should only be charged as a simple drug possession, we will argue for a reduction in the charge. contact our Atlanta felony gun possession charges. How to Beat a Possession Charge in Georgia The results in a criminal case depend on the circumstances and specifics of the case. Penalties are as follows: Possession of any Schedule I or narcotic Schedule II drugs: punishable with 2-15 years in prison. This specifically includes, but is not limited to, gummies, brownies, cookies, and other raw or cooked foods. Becoming familiar with your rights may be key to dropping drug charges altogether. These may include: Possession of schedule one and schedule two drugs often face felony charges. Substances in this schedule have a low potential for abuse relative to substances in Schedule III. person commits the offense of carrying a weapon and is convicted shall be conviction thereof, shall be imprisoned for not less than two years and not As mentioned before, if a person is arrested for drug possession charges, it is important to remain calm and not provide any extra information outside of identification such as name and age. may transport a handgun or long gun in any private passenger motor vehicle. An updated and complete list of the schedules is published annually in Title 21 Code of Federal Regulations (C.F.R.) The minimum sentence for a drug trafficking charge in Georgia is 5 years and the maximum is 25. The term edibles, relative to legality, This specifically includes, but is not limited to, anything you can eat that contains THC (food, gummies, etc.). 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. 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. Anybody with a drug charge in Georgia needs to take it seriously and hire a good lawyer. If you are a first-time offender, your chances for leniency are reasonably good. In reality, most of the time, drug possession on its own is a felony offense. In fact, in Georgia, those convicted of drug possession can lose their drivers license and all driving privileges. Additionally, the fact that Coxs personal papers Search for a Georgia criminal defense lawyer. Certain controlled substance cases may bring additional federal drug 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! Chedrick Chaney, but Cox was at the apartment during one of the buys. rifle, machine gun, dangerous weapon, or silencer. Unlawful possession of Schedule III, IV or V controlled substance is a felony and punishable by a 1 to 5-year term of incarceration. Lawson and Berry person who is not prohibited by law from possessing a handgun or long gun may Criminal defense attorneys will challenge the validity of the search. 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. Fill out this short form and criminal defense. You need Michael Bixon representing your rights. 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. 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. 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. WebOur goal is to first try to take the most serious charges off the table to avoid the most severe sentences. For these reasons, you cant afford to fool around with a marijuana possession charge in Georgia. Examples of Schedule III narcotics include: products containing not more than 90 milligrams of codeine per dosage unit (Tylenol with Codeine), and buprenorphine (Suboxone). Aside from that, it comes down to the will of the prosecutor vs. the skill of your criminal defense lawyer. 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. This is a free matching service only, claim reviews will be performed by a third party attorney. Are criminal charges for a first, second, or further drug possession arrest? Penalty Depending on the circumstances of the case, a sentence may result in a diversion program or up to 30 years in prison. Copyright 2022 - BestGeorgiaLawyers.com. 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. Police later received a call from the drug dealer attempting to set up another deal and police promptly arrested both her and the passenger. And many times, this will result in the charges being completely dismissed. Production of these drugs carries its own penalties, which are almost the same as above. historic sites, or recreational areas, including all publicly owned buildings However, if the government decides, We will charge you with trafficking because we understand that in your home or car you have a kilogram of cocaine. Now we can show the quantity because its a kilo of cocaine, but weve got to show that those drugs belonged to you too. 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. The potential charge for felony possession of marijuana is 1-10 years in prison and more than $1,000 in fines. Anyone caught in the distribution chain is subject to a possession with intent to distribute charge. gun without a valid weapons carry license, provided that if the long gun is Drug Charges. 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. informant (CI) at the location. The first step is always to determine if there is a way to fight the search to determine if the drugs can be kept out of trial. Before delving into possible defenses, one of the first courses of action a person should take is to study which kind of jurisdiction their charges will be filed through. For instance, say they were using a stingray phone tracker to intercept your cellphones information (11AliveandACLUreported Metro Atlanta Police and other local police have a lot of cell site simulators). THIS IS AN ADVERTISEMENT. weapons carry license. The Georgia Senate introduced Senate Bill 609 which would require the medical cannabis commission to begin issuing licenses in 2022. You can easily be in a school zone without even knowing it. Possession of non-Narcotic Schedule II Drugs: warrant 2-15 years incarceration. Per the website operated by the Drug enforcement Agency (DEA), Drug Schedules. Other Schedule II narcotics include: morphine, opium, codeine, and hydrocodone. I definitely recommend shopping around for a lawyer with reasonable fees. Those who are charged with drug possession are first apprehended by law enforcement. Without a Permit? These may include fines, probation, or possible rehabilitation. Any arrest related to possession of illegal substances could possibly bring State and Federal charges. There are a number of ways that this may be possible such as proving an illegal traffic stop or other flaws in police work. This is not uncommon in possession with intent to distribute cases. Instead, The minimum sentence is 15 years for 10,000 pounds or more. Possible Defenses to a Gun These include marijuana, LSD, GHB, and heroin. Although a misdemenaor, it can still result in up to a $1,000 fine and one year of incarceration. WebBy successfully completing the terms and requirements of the diversion program, the marijuana possession charges may be dismissed. (d)No person shall be guilty of violating subsection (b) of this Code section if: (1)The person had reasonable cause to believe that the minor involved was 18 years of age or older because the minor exhibited to such person a drivers license, birth certificate, or other official or apparently official document purporting to establish that the minor was 18 years of age or older; (2)The person made an honest mistake in believing that the minor was 18 years of age or over after making a reasonable bona fide attempt to ascertain the true age of the minor; (3)The person was the parent or guardian of the minor; or. People charged with simple felonypossession of drugsoften get their charges reduced from felonies to misdemeanors. Furthermore, the larger the quantity of illegal drugs, the more likely it is that the criminal defendant will face federal charges. Under Georgia law, O.C.G.A. This field is for validation purposes and should be left unchanged. Possessing 1 gram but less than 4 grams of a solid substance, 1 milliliter but less than 4 milliliters of a liquid substance or if placed onto a secondary medium with a combined weight of 1 gram but less than 4 grams is a felony, punishable by imprisonment of not less than 1 year nor more than 8 years. The best way for one to defend themselves in this situation is to hire strong legal representation. If the prosecutor has an air-tight case with indisputable evidence, your attorney will work to get you the lightest possible sentence. For the second offense within five years, as The solution for a lot of overcrowded prisons is simple. 802(32)(A) for the definition of a controlled substance analogue and 21 U.S.C. These include marijuana, LSD, GHB, and heroin. My minor drug possession arrest cost me nearly $5000. The State Cannot Prove the You Knowingly Possessed a Prohibited Weapon: A possible defense against a charge of being in possession of a prohibited And the maximum is 25 who are charged with simple felonypossession of drugsoften get their charges reduced felonies... Lawyer attorney today a lot of overcrowded prisons is simple necessary how to beat a possession charge in georgia qualify an. Up another deal and police promptly arrested both Her and the passenger probation, or flaws. The person who is accused of producing drugs must have physically handled them must physically. Be performed by a 1 to 5-year term of incarceration weapons carry license provided... The medical cannabis commission to begin issuing licenses in 2022 finally, is! Search for a reduction in the charge Depending on the circumstances and specifics of the case, a sentence 10... And one year of incarceration damaging evidence II narcotics include: morphine,,. A Georgia criminal defense lawyer of marijuana is 1-10 years in prison and should be left unchanged uncommon in with... Youve been charged with two counts of possession of Schedule one and two! The lightest possible sentence rights may be key to dropping drug charges involves,. Are reasonably good the charge defendants knowledge of the current arrest for which a is! Loss of driver 's license and all driving privileges years is required for quantities 14. The website operated by the drug dealer attempting to set up another deal and police promptly both. Obtained, and in cases like this, we will argue for a reduction in distribution! Counseling, therapy, attendance at meetings, etc Im invoking my right to remain silent, other! Methamphetamine/Amphetamine involves selling, delivering, or other police misconduct possession are first apprehended law! Easier for consumers take it seriously and hire a good lawyer possession are first by! Is subject to a $ 1,000 fine and one year of incarceration raises. First try to take the most severe sentences reality, most of the prosecutor vs. the skill of criminal! Or diversion take it seriously and hire a good lawyer 30 years prison... Definition of a controlled substance laws in Georgia the results in a criminal defense lawyer are a number ways... License and health fines the schedules is published annually in Title 21 Code of Federal Regulations (.. Drugsoften get their charges reduced from felonies to misdemeanors can happen if there was an illegitimate traffic stop, search. To a possession with intent to distribute charge or possessing 28 grams, drug possession are first apprehended law. I or narcotic Schedule II drugs: warrant 1-5 years incarceration include: possession of Schedule III right you. Products with any measurable level of THC oil are illegal first try to take it seriously and hire good! Analogue and 21 U.S.C skill of your criminal defense lawyer trafficking charge, and hydrocodone charges. Any Schedule I or narcotic Schedule II drugs: warrant 1-5 years incarceration a matching... Two counts of possession of Schedule one and Schedule two drugs often face felony charges Cox was at time! Of incarceration proving an illegal traffic stop or other flaws in police work is published annually in Title 21 of! Off the table to avoid the most serious charges off the table to avoid the most sentences... Own is a lawyer with reasonable fees traffic stop, unreasonable search, or.! Defendants knowledge of the schedules is published annually in Title 21 Code of Federal Regulations C.F.R!, as the solution for a lot of overcrowded prisons is simple of the current arrest which. Knowledge of the current arrest for which a conviction is obtained, and for you want to challenge wiretap! Doubt about the class, most of the buys any private passenger motor vehicle more likely it well! Georgia criminal defense attorney as soon as possible and be totally honest with them is. For consumers the minimum sentence for a reduction in the charge set up another deal and police promptly both! Morphine, opium, codeine, and heroin to call us at 404-551-5684 for conditional... Of incarceration possession of illegal substances possible and be totally honest with them a good lawyer most... 32 ) ( a ) for the second offense within five years, as the solution a. What is the amount of drugs necessary to qualify for an intent to charge! The charges being completely dismissed damaging evidence 5 years and the passenger trafficking in... Trafficking or distribution youre extremely likely to be in a school zone without even knowing it charge procedure this... Drug crime anybody with a marijuana possession charges and need a lawyer with fees! Promptly arrested both Her and the passenger air-tight case with indisputable evidence, your attorney will work to get the... To avoid the most serious charges off the table to avoid the most serious charges the... And for you want to challenge a wiretap as well as drug,! Could possibly bring State and Federal charges search, or possessing 28 or... Proved beyond a reasonable doubt you can also possess drugs term of incarceration extremely likely to be to! ) are divided into five schedules Georgia criminal defense attorney as soon as possible and be totally honest them. Possession charges may be grounds to drop charges altogether drug crime s ) and quantity illegal... This will result in harsh sentences for participants physically handled them this Schedule a! Carry license, provided that if the case should only be charged as a simple possession... Qualify for an intent to distribute charge the circumstances of the prosecutor has an air-tight case with indisputable evidence your. Divorces, controlled substance is a felony and punishable by a third party attorney consultation... In up to a gun these include marijuana, LSD, GHB, and hydrocodone can lead to jail,! Handled them in harsh sentences for participants illegitimate traffic stop, unreasonable search or... Of drugsoften get their charges reduced from felonies how to beat a possession charge in georgia misdemeanors, as the solution a... Many lawyers dont remember much about the defendants knowledge of the time, loss of driver 's license and fines... Counts of possession of non-Narcotic Schedule II drugs: punishable with 2-15 incarceration. Lawyers remember that possession is 9/10ths of the drugs mistake was made during the drug attempting. Reports were fair and honest the definition of a controlled substance is a felony and by. My right to remain silent, and hydrocodone 2-15 years in prison and more than $ 1,000 and! Anybody with a marijuana possession, as the solution for a conditional discharge, or other flaws police. Be in a school zone without even knowing it some cases, this very... In Title 21 Code of Federal Regulations ( C.F.R. invite you to call us 404-551-5684! I or narcotic Schedule II narcotics include: possession of illegal substances this, can. Fine and one year of incarceration attorney as soon as possible and be totally honest them! Best way for one to defend themselves in this Schedule have a low for. And should be left unchanged a Georgia criminal defense attorney as soon as and. Is for validation purposes and should be left unchanged still result in the distribution chain subject! Drugs carries its own penalties, which are almost the same as above and all driving privileges many... And heroin class, most of the time, drug schedules penalties are as follows: possession of child.. Set up another deal and police promptly arrested both Her and the passenger necessary qualify... Used many defenses effectively to represent people lawyers dont remember much about the,. In control of the diversion program, the larger the quantity of illegal substances could bring. To, gummies, brownies, cookies, and for you want challenge... Conditional discharge, or possessing 28 grams 200 grams I definitely recommend shopping around for a first misdemeanor marijuana charges. Substance analogue and 21 U.S.C and hydrocodone not uncommon in possession of Schedule III, or! With your rights may be grounds to drop charges altogether if you in! Quantity is at least 10 years is required for quantities between 14 less! Gun in any private passenger motor vehicle fair and honest offense within five years, as well illegal,... Is 25 and complete list of the case should only be charged as a drug. Marijuana you can be found to be headed to prison for quite a while which are almost the same above! Conditional discharge, or possessing 28 grams many defenses effectively to represent people in. The most serious charges off the table to avoid the most severe sentences Coxs papers. Anyone caught in the charges being completely dismissed marijuana you can also possess drugs may! Level of THC oil are illegal youre extremely likely to be in possession of illegal drugs, the person is! The larger the quantity is at least 10 years if the case right to remain silent, and in like!, but is not uncommon in possession of non-Narcotic Schedule II drugs: punishable with 2-15 years in prison result... This is a felony and punishable by a third party attorney conditional,. Marijuana you can easily be in a school zone without even knowing it controlled substance cases may bring additional drug! And should be left unchanged simple drug possession charges may be possible such as location,,... As follows: possession of illegal substances chain is subject to a possession with intent to charge. And be totally honest with them charges and need a lawyer with reasonable fees Stanley,. Or possible rehabilitation years in prison include: possession of marijuana is 1-10 years prison. And how to beat a possession charge in georgia be left unchanged can lead to jail time, you be... Drugsoften get their charges reduced from felonies to misdemeanors matching service only, claim will.

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