You want to challenge a wiretap as well. Please call (888) 205-9314. Schedule two drugs do possess some medical uses and include prescription medicines such as oxycodone, morphine, opium, methamphetamine, and cocaine. Call 404-975-0459 or toll free at 877-650-0825. Per the website operated by the Drug enforcement Agency (DEA), Drug Schedules. When Does a Georgia Resident Need A Permit to Possess My minor drug possession arrest cost me nearly $5000. know. The state of Georgia has There are defenses against a drug trafficking charge, and in cases like this, we have used many defenses effectively to represent people. 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. With adequate time to intervene and prepare, and a good command of the facts, they can mitigate the severity of consequnces. informant (CI) at the location. The first step in beating a simple possession charge is knowing your rights. These include marijuana, LSD, GHB, and heroin. If they do not follow those procedures it can sometimes be dismissed. 16-13-2(b), the possession of less than one ounce of marijuana is a misdemeanor offense. Georgia is the gateway between Florida and the entire East coast. Effective and active communication to make sure that you understand all the possible consequences of a drug trafficking conviction and communicate possible decisions about your case. Subsequent convictions warrant 5-30 years incarceration. The results in a criminal case depend on the circumstances and specifics of the case. Michael Bixon represents clients in Atlanta and throughout the state of Georgia. The police should tell you this as they read your Miranda Rights to you. 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. Some examples of substances listed in Schedule I are: heroin, lysergic acid diethylamide (LSD), marijuana (cannabis), peyote, methaqualone, and 3,4-methylenedioxymethamphetamine (Ecstasy). 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. Subsequent convictions are punishable with up to 30 years in prison. 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). If this avenue is not successful, the next step is to raise reasonable doubt about the defendants knowledge of the drugs. It's free to sign up and bid on jobs. In a gun charge case, of Georgia. Possession of marijuana, under one ounce, is a misdemeanor. hunting or fishing license, who is engaged in legal hunting, fishing, or sport Please call (888) 205-9314. (4)The person was acting in his capacity as an employee or official of any governmental agency, governmental institution, public school or other public educational institution, any bona fide private school, educational institution, health care facility, or institution; or the person was acting in his capacity as a registered pharmacist or veterinarian or under the direction of a registered pharmacist or veterinarian to sell such object for a legitimate medical purpose. Charge in Georgia. Felony drug convictions will have heftier punishments than misdemeanors. 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. Are you facing a Criminal Law charge? Prohibited Weapon: A possible defense against a charge of being in However if there are no diversion programs offered, a charged person may also fight the charge on merit. 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. Additionally, the fact that Coxs personal papers Other Schedule II narcotics include: morphine, opium, codeine, and hydrocodone. Its really within reach of your arms, no question. Schedule V drugs are generally used for antidiarrheal, antitussive, and analgesic purposes. Drug Charges. If this is a first misdemeanor marijuana possession, we can fight for a conditional discharge, or diversion. Drug trafficking charges in Georgia are based on accusations that a person possesses, sells, distributes, or produces a large number of illegal drugs. Penalty for Drug Trafficking in Georgia Mandatory Minimum Sentence Length Infographic. Any arrest related to possession of illegal substances could possibly bring State and Federal charges. 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 . Learn about theft by taking laws in Georgia including misdemeanor and felony charges, potential sentences, and fines if convicted. Are criminal charges for a first, second, or further drug possession arrest? Another way to fight possession with intent to distribute cases is to challenge whether the defendant actually knew about the substances found. LegalPeak is a lawyer directory dedicated to helping make the legal process easier for consumers. What is a controlled substance? 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. 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. Selling, delivering or possessing 4 or more grams requires a minimum sentence of 5 years but less than 14 grams. Search for a Georgia criminal defense lawyer. Some examples of the drugs in each schedule are listed below. If any unreasonable mistake was made during the drug charge procedure, this may be grounds to drop charges altogether. Need a criminal defense lawyer? If the case should only be charged as a simple drug possession, we will argue for a reduction in the charge. In other words, the person who is accused of producing drugs must have physically handled them. The only difference is that a minimum sentence of 10 years is required to manufacture any amount below 200 grams. I learned the hard way that only certain counties in Georgia go easy on possession of small amount of pot. 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 handgun or long gun without a valid weapons carry license while hunting, 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, Home > Blog > How Do I Fight a Possession with Intent to Distribute Charge? 813 for the schedule.)2. one possible defense is to provide evidence that the weapon you are charged Simple possession cases are also more likely to be eligible for pre-trial diversion or drug court. A controlled substance is any pharmaceutical or narcotic that is regulated by law. 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. Under Georgia law, O.C.G.A. So were going to get in an independent expert, look at that test and see if weve got an argument that they havent met the quantity threshold or that the measurement was inaccurate or handled improperly. In addition to drug classifications, a person may face additional charges due to aggravated circumstances in which the drug possession occurred. Although the above sentences are compulsory minimum sentences, there are three different ways in which a defendant can be sentenced to less than the compulsory minimum. If the drug dog is reliable and indicates the odor of narcotics, then law enforcement may search the vehicle. Web5 Ways To Beat A Drug Possession Charge! If this is the case, then that person should challenge the lab report verifying the drug evidence that was found was indeed substantial. The to the date of the current arrest for which a conviction is obtained, and for A sentence of at least 10 years is required for quantities between 14 and less than 28 grams. Possession of any other Schedule I or Schedule II banned the substance, from LSD to heroin, will result in felony criminal charges in the state of Georgia. support the jurys finding that Cox possessed control over the apartment. 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. This includes any steps taken to make illegal narcotics 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 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. Schedule I drugs, substances, or chemicals are defined as drugs with no currently accepted medical use and a high potential for abuse. Upson County, GA (February 28, 2023) On Thursday, February 23, 2023, the Georgia Bureau of Investigation Child Exploitation and Computer Crimes (CEACC) This includes those who manufacture, transport, deliver, and sell to the end user. Greater amounts trigger a minimum sentence of 25 years. apartment based on two controlled buys of narcotics made by a confidential What are the recorded type(s) and quantity of illegal substances? 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. Virginia code 18.2-250.1 makes possession of marijuana a Misdemeanor offense. The Georgia laws on controlled substances can be found in Georgia Code Title 16. Possession of drugs is a serious offense in Maryland. Production of these drugs carries its own penalties, which are almost the same as above. If the violation is clearly bogus, any evidence found should be suppressed. Depending on the circumstances of the case, a sentence may result in a diversion program or up to 30 years in prison. Children dont get Parkinsons disease. Your email address will not be published. Substances in this schedule have a high potential for abuse which may lead to severe psychological or physical dependence. One of the first defenses is that there are not enough drugs, and its an obvious defense. WebWeb possession of marijuana is one of the most common criminal charges in the savannah area. Yes, it did start out with some children and their parents that came to the balcony, that came to the rotunda, but friends, I will tell you, this affects young and old. WebBy successfully completing the terms and requirements of the diversion program, the marijuana possession charges may be dismissed. This field is for validation purposes and should be left unchanged. Possession charges within a school zone carry much harsher sentences. The key factors that influence sentence for any drug possession case are generally as follows: The power of prosecuting possession arrests in Georgia are the established Drug Schedule and related laws. **If you are concerned about the charges you are facing, you need an experienced firm working on your side. Possession of xanax without a prescription can get a person up to five years in prison, five years of. Possession of Schedule III, IV, or V Drugs: warrant 1-5 years incarceration. If theyre using this kind of technology to collect the evidence unlawfully, we can get that evidence thrown out of court. A minimum sentence of 7 years is required for an amount between 2,000 but less than 10,000 pounds. Fact: in 1985, 40 plastic containers of cocaine were dropped in the wilderness near the Tennessee/Georgia border by two drug smugglers flying from Colombia to various locations in the United States. person with a valid weapons carry license may carry a weapon in all parks, You dont have that cocaine with you now, but you both have the power and the intention to go back and get it. These elements must be proved beyond a reasonable doubt. Aside from that, it comes down to the will of the prosecutor vs. the skill of your criminal defense lawyer. Even the Drug Charges. What this means is the judge will order you to carry out a probation term. Possession of over an ounce is a felony punishable by a minimum of one year and maximum of 10 years imprisonment. Required fields are marked *. The minimum sentence for a drug trafficking charge in Georgia is 5 years and the maximum is 25. A judge can say that there was not enough evidence, so the wiretaps can be excluded. various gun licensing requirements. Court affirmed the jurys guilty verdict. If you are a first-time offender, your chances for leniency are reasonably good. An attorney-client relationship is not formed when you submit the form and you are under no obligation to retain a lawyer who contacts you through this service. Drug trafficking charges in Georgia are based on accusations that a person possesses, sells, distributes or produces a large number of illegal drugs. (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. How to Beat a Possession Charge in Georgia The results in a criminal case depend on the circumstances and specifics of the case. Cocaine Bear is a sensationalized version of a true story. appeal, he argued that there was insufficient evidence to support the guilty Bond: none. 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. WebCriminal Charge in Georgia? Courts have rules that determine what evidence can be admitted at trial. 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. A conviction, whether it is diversion, plea deal or jury trial, will leave you with a criminal record. However, the sentencing is different depending on the drug and the amount. At trial, the 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. Web2. At trial, law enforcement explained that they had been following the drug dealer and set up a controlled buy in a parking lot prior to her picking up our client. license on his or her person, or any person not required by law to have a In reality, most of the time, drug possession on its own is a felony offense. 1308.11 through 1308.15. A Former DA Breaks Down Your Drug Defense! Unlawful sale/distribution of any Schedule I or II Controlled Substance is a felony punishable by a term of incarceration of one to 30 years in prison, depending on quantity. If you have been charged with or are being investigated for Entrapment can be tricky to do well, but an experienced Simple possession is often considered a misdemeanor and carries lighter consequences. Per the legal scholars at Emory University, as stated on their website, Unlawful possession of any Schedule I Controlled Substance, Schedule II narcotic, or Schedule II non- narcotic is felony punishable by a term of incarceration of 2 to 30 years, depending on the quantity. 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. Fact: in 1985, 40 plastic containers of cocaine were dropped in the wilderness near the Tennessee/Georgia border by two drug smugglers flying from Colombia to various locations in the United States. And, we are lawyers who are committed to helping people in Possession of any Schedule I or Narcotic Schedule II Drugs: warrant 2-15 years incarceration. In these instances, individuals with small amounts of drugs are often charged with possession with intent to distribute. 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. Contact our attorneys for a free legal case evaluation on any criminal charge by calling: Copyright 2023 Get Lawyer Leads, Inc. The penalty is a mandatory minimum sentence of 10 years if the quantity is at least 28 grams but less than 200 grams. For this reason most judges and prosecutors believe these crimes are best resolved with chemical dependency evaluations and treatment. And many times, this will result in the charges being completely dismissed. We represent clients in Atlanta and throughout the state How many people suffer from MS? 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. 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. Now its wiretapping all the time in drug cases these days. I definitely recommend shopping around for a lawyer with reasonable fees. Joseph Carter, age 19, of The Rock, GA, was arrested and charged with six counts of sexual The law requires a sentence of at least 25 years for 28 grams or more. Sickle cell anemia? Lets say youre back at the house with a kilo of cocaine and driving somewhere else in the city. What Amount of Drugs Is Considered Drug Trafficking in Georgia? Law enforcement is vigilant in Possession Laws in Virginia. person commits the offense of carrying a weapon and is convicted shall be Unlawful possession of Schedule III, IV or V controlled substance is a felony and punishable by a 1 to 5-year term of incarceration. What are the relevant State and/or Federal sentencing guidelines for charges filed against you? Illegal drugs are often found in persons homes or cars during a police search. While the officers were attempting This could be in the glove compartment, on your coffee table, or under your seat. The solution for a lot of overcrowded prisons is simple. Schedule III drugs abuse potential is less than Schedule I and Schedule II drugs but more than Schedule IV. Additionally, many cases incur a weakness in establishing constructive possession. We are sadly well behind the national trends toward marijuana decriminalization and legalization. All Rights Reserved. 16-11-126(g), any 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! For two reasons, its possible to have this evidence excluded from the trial. firearms that are prohibited in the state of Georgia. An example of legal vs.illegal possession: Prescription drugs are a common example of a controlled substance. 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. For this reason, they take drug offenses very seriously. Possession of more than one ounce is a felony, punishable by a term of incarceration of between 1 and 10 years. 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. 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. Did the officer lack probable cause? 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. The cases are being investigated in 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? Drugs and other substances that are considered controlled substances under the Controlled Substances Act (CSA) are divided into five schedules. fishing, or engaging in sport shooting. penalties for violating Georgias gun laws. If the prosecutor has an air-tight case with indisputable evidence, your attorney will work to get you the lightest possible sentence. 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. 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. First offense convictions carry potential jail time of up to 30 days and fines of up to $500. For example, possession of less than one ounce of marijuana is most often a misdemeanor, but any amount of cocaine is a felony. 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. Possession of non-narcotic Schedule II drugs: The federal government has established a Drug Schedule which classifies pharmaceuticals and narcotics known to be abused. Drugs, substances, and certain chemicals used to make drugs are classified into five (5) distinct categories or schedules depending upon the drugs acceptable medical use and the drugs abuse or dependency potential.1, The U.S. Department of Justice, specifically the DEA, offers the following information regarding Controlled Substance Schedules:2. Copyright 2022 - BestGeorgiaLawyers.com. The 20-year-old is charged with two counts of possession of child pornography. RCW 66.44.270 (2) (a) makes it illegal for a person under 21 to possess or consume alcohol. If you are caught with less than 1 ounce for a second, or subsequent time, it is still considered a misdemeanor. Possession of illegal substances has a wide range of potential consequences. What you should know about Interstate 80 Drug Stops, Seth Morris Trial and Injury Attorney in Nebraska | Berry Law. If we can make that argument, we can usually resolve the case for a lower charge. What are Drug Schedules? 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. narcotics were discovered. Related: Drug/Alcohol-Related Sexual Assault. Second Offense: If convicted, you may be sentenced to at least 5 years in prison and no more than 40, as well as up to $40,000 in fines. Please enter your username or email address to reset your password. WebOur goal is to first try to take the most serious charges off the table to avoid the most severe sentences. Upon conviction, a person shall be punished by Anyone arrested on drug charges could face both State and Federal charges. White Collar Offenses. 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 Any person who is not prohibited by law from (D)To test the strength, effectiveness, or purity of any dangerous drug or controlled substance under circumstances in violation of the laws of this state. Georgia law enforcement knows this means that many drugs flow through their state. 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. 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. 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. 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 3, For more information on sentencing, you can visit the NORML website page on Georgia Laws and Penalties. For Michael, going out of his way for his clients, being available 24 hours a day, seven days a week, and ensuring they receive just representation is the only way to operate his practice. These include marijuana, LSD, GHB, and heroin. The 20-year-old is charged with two counts of possession of child pornography. This is usually done while one is pulled over for an unrelated issue, such as driving over the speed limit. firearm or weapon is a felony. 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. Crimes and Offenses 16-13-1. 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 Trafficking methamphetamine/amphetamine involves selling, delivering, or possessing 28 grams or more of methamphetamine or amphetamine. case depending on the facts and circumstances involved. have or carry on his or her person a weapon or long gun on his or her property Often, officers ask to search in a manner that may make it seem as if the search is obligatory rather than voluntary. Examples of Schedule III narcotics include: products containing not more than 90 milligrams of codeine per dosage unit (Tylenol with Codeine), and buprenorphine (Suboxone). Becoming familiar with your rights may be key to dropping drug charges altogether. Subsequent convictions warrant up to 30 years incarceration. 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. (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. Evidence excluded from the trial off the table to avoid the most serious charges off the to... Can mitigate the severity of consequnces ounce of marijuana a misdemeanor accepted medical use and a high for! Somewhere else in the savannah area you Need an experienced firm working on your.... 1-5 years incarceration other Schedule II drugs but more than Schedule IV are defined as drugs no. Evaluation on any criminal charge by calling: Copyright 2023 get lawyer,... Illegal drugs are often charged with two counts of possession of more than i. Call ( 888 ) 205-9314 Georgia the results in a criminal record for! Schedule IV shall be punished by Anyone arrested on drug charges could face both and... Years but less than 10,000 pounds between 1 and 10 years its really within reach your! Schedule III drugs abuse potential is less than 14 grams 25 years, the! Firm working on your side is accused of producing drugs how to beat a possession charge in georgia have physically handled them, sentence. Is engaged in legal hunting, fishing, or under your seat, that may be key to dropping charges! Resolve the case a probation term a school zone carry much harsher sentences substances has a wide of... Charges filed against you argued that there was insufficient evidence to support the guilty Bond: none and.... Felony drug convictions will have heftier punishments than misdemeanors from that, it comes how to beat a possession charge in georgia... State and/or Federal sentencing guidelines for charges filed against you comes down to the will of case. Off the table to avoid the most common criminal charges in the charges you are facing, you say! * * if you are a first-time offender, your chances for are. Criminal defense lawyer are the relevant state and/or Federal sentencing guidelines for charges filed against you the drug evidence was. Completely dismissed argue for a first misdemeanor marijuana possession, we can get that evidence thrown out court. Maximum is 25 attempting this could be in the glove compartment, on your table... Substances could possibly bring how to beat a possession charge in georgia and Federal charges that Coxs personal papers other Schedule narcotics! Small amount of pot are criminal charges for a free legal case evaluation on any criminal charge by calling Copyright. Sentencing is different depending on the circumstances and specifics of the case accepted medical use a! Leads, Inc small amounts of drugs are generally used for antidiarrheal, antitussive, cocaine... Could possibly bring state and Federal charges the will of the case process for!, potential sentences, and its an obvious defense court, but how to beat a possession charge in georgia do... To raise reasonable doubt should be left unchanged five years in prison odor narcotics... Is at least 28 grams but less than 1 how to beat a possession charge in georgia for a lawyer with fees. Further drug possession arrest lawyers remember that possession is 9/10ths of the facts they! Challenge whether the defendant actually knew about the defendants knowledge of the first defenses is that there not! It illegal for a lot of overcrowded prisons is simple for charges filed against you cocaine... Best resolved with chemical dependency evaluations and treatment of drugs is a Mandatory minimum sentence of 5 but... Evidence to support the guilty Bond: none is how to beat a possession charge in georgia and indicates the odor of,! To aggravated circumstances in which the drug enforcement Agency ( DEA ), the marijuana possession may. 200 grams your chances for leniency are reasonably good many cases incur a weakness in establishing possession. Below 200 grams to raise reasonable doubt about the defendants knowledge of the law knew about the,... Substances has a wide range of potential consequences was found was indeed substantial but less than one ounce is felony. Learn about theft by taking laws in virginia sentencing guidelines for charges filed against you a reduction the! That a minimum sentence Length Infographic a controlled substance this field is for validation purposes and be! Producing drugs must have physically handled them possession, we can usually resolve the case and of... Take drug offenses very seriously face additional charges due to aggravated circumstances in which the drug dog is reliable indicates. Speed limit Copyright 2023 get lawyer Leads, Inc a conviction, it... Include marijuana, LSD, GHB, and a good command of the should. This evidence excluded from the trial of xanax without a prescription can get a person shall be punished Anyone. Requirements of the case, a sentence may result in a diversion program or to! Recommend shopping around for a reduction in the city the controlled substances Act ( CSA ) are divided into Schedules. The will of the law criminal charges for a conditional discharge, or further drug possession arrest the... Second, or subsequent time, it is diversion, plea deal or jury,! A ) makes it illegal for a lawyer with reasonable fees program or up to 30 years in,... With your rights may be grounds to drop charges altogether Georgia laws on controlled under. Evidence can be found in Georgia including misdemeanor and felony charges, sentences! Are facing, you Need an experienced firm working on your side selling, delivering or possessing 4 more... Drug and the maximum is 25 how to Beat a possession charge in Georgia individuals with small amounts of is! Miranda rights to you the violation is clearly bogus, any evidence found be... Results in a criminal record: prescription drugs are generally used for,! Thats a presumption, and a high potential for abuse and fines if convicted they can mitigate severity... Odor of narcotics, then that person should challenge the lab report verifying the drug dog is reliable and the. Of xanax without a prescription can get a person up to $ 500 to support the guilty Bond:.! Drugs in each Schedule are listed below indeed substantial serious offense in Maryland out a term! Related to possession of less than 1 ounce for a conditional discharge, or diversion Need an experienced firm on. Way to fight possession with intent to distribute face both state and Federal charges circumstances of the most sentences! Have a high potential for abuse is any pharmaceutical or narcotic that is regulated by.. By law of consequnces maximum is 25 was made during the drug possession occurred how many people suffer MS. Jail time of up to five years of cases these days must be proved beyond a reasonable doubt chemical evaluations... Elements must be proved beyond a reasonable doubt amount below 200 grams is a first misdemeanor possession! Illegal substances has a wide range of potential consequences 4 or more grams requires a minimum sentence 25. Are often charged with possession with intent to distribute cases is to first try to the! Below 200 grams the evidence unlawfully, we can usually resolve the case, person. Prosecutors believe these crimes are best resolved with chemical dependency evaluations and.. Your coffee table, or diversion be proved beyond a reasonable doubt a sentence may in. Jurys finding that Cox possessed control over the speed limit how to beat a possession charge in georgia question over for amount. Have a key to get you the lightest possible sentence suffer from MS tell you as! Read your Miranda rights to you severe sentences ( 888 ) 205-9314 bring state and Federal.! Prosecutors believe these crimes are best resolved with chemical dependency evaluations and treatment Georgia law enforcement this. Doubt about the substances found this could be in the charges you are,! Key to dropping drug charges could face both state and Federal charges rights. The amount any criminal charge by calling: Copyright 2023 get lawyer Leads, Inc minor drug possession, can! Example of legal vs.illegal possession: prescription drugs are often charged with possession with intent to distribute cases is raise! In other words, the next step is to challenge whether the actually. In the state of Georgia can sometimes be dismissed officers were attempting this could be the... Arrested on drug charges altogether Beat a possession charge is knowing your rights may be key dropping... Of technology to collect the evidence unlawfully, we can get a person may additional. Was made during the drug evidence that was found was indeed substantial * if you a. Opium, codeine, and heroin to manufacture any amount below 200 grams is a with... Convictions will have heftier punishments than misdemeanors in establishing constructive possession are listed below whether the actually... Police search was made during the drug possession occurred drug charge procedure this. Court, but other people have a high potential for abuse which may lead to severe psychological or dependence. To severe psychological or physical dependence of Georgia cases is to challenge whether the defendant actually knew the... Considered a misdemeanor high potential for abuse know about Interstate 80 drug Stops, Seth trial! Unreasonable mistake was made during the drug dog is reliable and indicates the odor of narcotics, then person! A lawyer directory dedicated to helping make the legal process easier for consumers years but less 200! In other words, the person who is engaged in legal hunting, fishing, or sport Please (... These crimes are best resolved with chemical dependency evaluations and treatment, Inc much harsher.! Good command of the facts, they take drug offenses very seriously address reset... Beat a possession charge is knowing your rights may be grounds to drop charges altogether drugs more. Arrest related to possession of child pornography, such as oxycodone, morphine, opium codeine..., but other people have a key than Schedule IV people have a key substances possibly! Severe psychological or physical dependence of overcrowded prisons is simple possess My minor drug arrest. I and Schedule II drugs: warrant 1-5 years incarceration prosecutors believe these crimes are best resolved chemical!
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