Possession of non-narcotic Schedule II drugs: case depending on the facts and circumstances involved. According to inmate bookings, Stanley Hester, 20, is charged with two counts of possession of child pornography. The Sarasota County Sheriffs Office reported the following arrests: Derek Earl Bain, 28, 1800 block of Ironwood Court, Venice. Additional charges may be forthcoming, according to the Grovetown Police Department. In Georgia, arrests for illegal drug possession are prosecuted as felony crimes. If you dont defend yourself, you can end up regretting the outcome. Ga. App. All Rights Reserved. support the jurys finding that Cox possessed control over the apartment. Some examples of substances listed in Schedule I are: heroin, lysergic acid diethylamide (LSD), marijuana (cannabis), peyote, methaqualone, and 3,4-methylenedioxymethamphetamine (Ecstasy). 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. Its really within reach of your arms, no question. For example, possession of less than one ounce of marijuana is most often a misdemeanor, but any amount of cocaine is a felony. 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 LegalPeak is a lawyer directory dedicated to helping make the legal process easier for consumers. 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. The When it comes to the amount of drugs, weight or size does matter. (e)Any person who violates subsection (b) of this Code section shall be guilty of a misdemeanor for the first offense. As with any criminal charge, your future is at stake. 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. 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. Sometimes people are arrested with a small amount of drugs but also possess scales, baggies, and cell phones full of text messages about drug transactions. with the assistance of the Columbia County Sheriffs Office and the Georgia Bureau of Investigation, executed a search warrant at about 10 a.m. at a home on the Has to lead a strong team of experienced federal defense lawyers that have collaborated on federal and state drug trafficking charges that have resulted in dismissed and reduced charges. vigorously advocate on your behalf to have your case dismissed or the charges RCW 66.44.270 (2) (a) makes it illegal for a person under 21 to possess or consume alcohol. A conviction, whether it is diversion, plea deal or jury trial, will leave you with a criminal record. If you drive the car and the drugs are sitting next to you, these drugs are actually in your possession. A possible defense that is often challenging to prove is claiming that a police officer planted a drug on a person while searching. And many times, this will result in the charges being completely dismissed. Although a misdemenaor, it can still result in up to a $1,000 fine and one year of incarceration. Production of these drugs carries its own penalties, which are almost the same as above. Depending on the weight of the narcotics, the charge could result in a prison sentence as high as 20 to life. This means that if the drugs are within your reach and a reasonable person would believe you had knowledge of it, you possess it. What is the Difference Between OWI and DUI? In the state of Georgia, possessing a prohibited Copyright 2018, Loren . 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. The penalty is a mandatory minimum sentence of 10 years if the quantity is at least 28 grams but less than 200 grams. against you reduced. Becoming familiar with your rights may be key to dropping drug charges altogether. These include marijuana, LSD, GHB, and heroin. Lastly, a person may prove that the substance found was not actually a drug. They may be able to show real possession. With adequate time to intervene and prepare, and a good command of the facts, they can mitigate the severity of consequnces. Another defense and this only applies in a possession case, is that drug possession was not real or constructive. With the rise in domestic growers cultivating the plant in Georgia, police are watching and waiting to catch big time dealers and small-time users. one possible defense is to provide evidence that the weapon you are charged Need a criminal defense lawyer? If a police officer says something to the effect of If you dont give us consent, we are just going to search it anyways and things are going to get a lot worse for you, judges might found the search to be coercive. The law requires a sentence of at least 25 years for 28 grams or more. Substances in this schedule have a low potential for abuse relative to substances listed in Schedule IV and consist primarily of preparations containing limited quantities of certain narcotics. You can easily be in a school zone without even knowing it. A good criminal defense attorney knows that there are several ways to fightdrug charges. In Georgia, ingestible products with any measurable level of THC oil are illegal. 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. 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. Subsequent convictions warrant 5-30 years incarceration. 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. WebBy successfully completing the terms and requirements of the diversion program, the marijuana possession charges may be dismissed. A controlled substance analogue is a substance which is intended for human consumption and is structurally or pharmacologically substantially similar to or is represented as being similar to a Schedule I or Schedule II substance and is not an approved medication in the United States. Learn how the government views domestic terrorism including groups on a terrorist watch list. have or carry on his or her person a weapon or long gun on his or her property Crimes and Offenses 16-13-1. 3, For more information on sentencing, you can visit the NORML website page on Georgia Laws and Penalties. Simple possession is often considered a misdemeanor and carries lighter consequences. A minimum sentence of 7 years is required for an amount between 2,000 but less than 10,000 pounds. And what if they go to a house without a warrant? Court affirmed the jurys guilty verdict. Arrests of Extremists and Terrorist Groups Domestic terrorism in the United States by extremists and groups can result in harsh sentences for participants. During their arraignment, a person is at liberty to ask the court to post bail. In other words, the person who is accused of producing drugs must have physically handled them. loaded, it shall only be carried in an open and fully exposed manner. 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. A mandatory minimum of 15 years is required for amounts between 200 but less than 400 grams. 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. The Georgia laws on controlled substances can be found in Georgia Code Title 16. In addition to drug classifications, a person may face additional charges due to aggravated circumstances in which the drug possession occurred. How many people suffer from MS? If you have a prior arrest, your case will be more difficult to manage. Regardless of the amount of marijuana you are convicted of possessing, your drivers license will be suspended. more than five years. 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. If the drug dog is reliable and indicates the odor of narcotics, then law enforcement may search the vehicle. Furthermore, the larger the quantity of illegal drugs, the more likely it is that the criminal defendant will face federal charges. What is the assumed intent (i.e., personl use, distribution/trafficking, etc.)? Repeat offenders for drug trafficking face even stronger mandatory minimum jail sentences. 813 for the schedule.)2. Amounts ranging from 28 to less than 200 grams will result in a sentence of at least 10 years. 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. (3)Drug related object means any machine, instrument, tool, equipment, contrivance, or device which an average person would reasonably conclude is intended to be used for one or more of the following purposes: (A)To introduce into the human body any dangerous drug or controlled substance under circumstances in violation of the laws of this state; (B)To enhance the effect on the human body of any dangerous drug or controlled substance under circumstances in violation of the laws of this state; (C)To conceal any quantity of any dangerous drug or controlled substance under circumstances in violation of the laws of this state; or. If you are caught with less than 1 ounce for a second, or subsequent time, it is still considered a misdemeanor. The first step in beating a simple possession charge is knowing your rights. The gun charge raises the stakes of the criminal case considerably. Joseph Carter, age 19, of The Rock, GA, was arrested and charged with six counts of sexual 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. Maybe we will get there someday! If any unreasonable mistake was made during the drug charge procedure, this may be grounds to drop charges altogether. The 20-year-old is charged with two counts of possession of child pornography. Charge: Charlotte County warrant for violation of probation (original charge of willful and wanton reckless driving). In Nebraska, simple possession of methamphetamine or cocaine is a felony charge carrying a term of zero to two years in prison, while possession with intent to distributemethamphetamineandcocainestarts off with a sentence of at least one to 50 years. 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. If a person is arrested for drug possession, there are four main offenses that they may be charged for: The most important first step is to request legal assistance. The state of Georgia has license to carry a handgun, where a person can carry a handgun and the 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. For the first offense, he or she shall be guilty (4)Knowingly means having general knowledge that a machine, instrument, tool, item of equipment, contrivance, or device is a drug related object or having reasonable grounds to believe that any such object is or may, to an average person, appear to be a drug related object. 16-11-131 was tantamount to a directed verdict, requiring reversal. WebIt is important to have a possession of cocaine lawyer in Georgia who knows the differences between each offense and how to successfully defend against them. The United States Drug Enforcement Administration website states, a substance need not be listed as a controlled substance to be treated as a Schedule I substance for criminal prosecution. What Constitutes a Charge for Illegal Substances? Possession of more than one ounce is a felony, punishable by a term of incarceration of between 1 and 10 years. If this is the case, then that person should challenge the lab report verifying the drug evidence that was found was indeed substantial. Additional charges may be forthcoming, according to the Grovetown Police One of the first defenses is that there are not enough drugs, and its an obvious defense. (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. WebIn Georgia, felony gun possession is usually an additional charge that is tacked on when a felon is arrested for a different crime. What are the recorded type(s) and quantity of illegal substances? hunting or fishing license, who is engaged in legal hunting, fishing, or sport person commits the offense of carrying a weapon and is convicted shall be Trafficking methamphetamine/amphetamine involves selling, delivering, or possessing 28 grams or more of methamphetamine or amphetamine. 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 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. The potential charge for felony possession of marijuana is 1-10 years in prison and more than $1,000 in fines. There are a number of ways that this may be possible such as proving an illegal traffic stop or other flaws in police work. 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. Call us to talk about your case today. Any person who is not prohibited by law from What are the relevant State and/or Federal sentencing guidelines for charges filed against you? This is usually done while one is pulled over for an unrelated issue, such as driving over the speed limit. When Does a Georgia Resident Need A Permit to Possess The cases are being investigated in Any arrest related to possession of illegal substances could possibly bring State and Federal charges. 16-11-126, any This includes any steps taken to make illegal narcotics You need Michael Bixon representing your rights. If you do, we'll connect you to a qualified lawyer today. It is well known that the laws for drug possession, as well as drug manufacture, in Georgia are relatively strict. The number of drugs will depend on the type of drug involved in the case and what is being prosecuted by the state or government agency. You need to hire a criminal defense attorney as soon as possible and be totally honest with them. I definitely recommend shopping around for a lawyer with reasonable fees. Beating a drug possession charge can be quite difficult, but not impossible. 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. WebThe Peach State has created three different levels of seriousness, when it comes to battery charges. (2)Dangerous drug shall have the same meaning as defined in Article 3 of this chapter, relating to dangerous drugs. The minimum sentence is 15 years for 10,000 pounds or more. Often, officers ask to search in a manner that may make it seem as if the search is obligatory rather than voluntary. the activities are being conducted may have or carry on his or her person a Subsequent convictions warrant up to 30 years incarceration. Schedule three drugs are less likely to be abused and have many medical uses; these include drugs such as Vicodin and ketamine. Upon conviction, a person shall be punished by Anyone arrested on drug charges could face both State and Federal charges. If you have a controlled substance on you or in your car and it is not in its properly labeled They will be unable to use that evidence. 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, Anyone who Burglary laws in Georgia are usually prosecuted as felony charges, Depending on the type of burglary punishments include prison and fines. 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. Related: Prosecution of Women for Drug-Related Offenses. A criminal defense attorney first wants to attempt getting all charges dropped. ring had a key to the apartment as well as a key to the vehicle he drove to the In some cases, this is very damaging evidence. Now its wiretapping all the time in drug cases these days. If youre facing drug possession charges and need a lawyer, get your free consultation with a Her Lawyer attorney today. While the officers were attempting 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. Your email address will not be published. This website is intended to provide general information and you should not rely on this website or its contents as a source of legal advice. Bond: none. We are sadly well behind the national trends toward marijuana decriminalization and legalization. Are your charges misdemeanor charges or felony charges? To be charged with trafficking, you dont have to sell drugs or transport drugs. Tourettes? Some of the primary offenses, which result in mandatory suspension nomatter the age of the offender, include th Obstruction of Justice is a phrase that everybody has heard, but nobody can really define. 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. 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. A person with a possession conviction may also be ineligible for financial aid for education, and face an increased likelihood of being subjected to future law enforcement scrutiny. Entrapment can be tricky to do well, but an experienced to the date of the current arrest for which a conviction is obtained, and for Examples of Schedule III narcotics include: products containing not more than 90 milligrams of codeine per dosage unit (Tylenol with Codeine), and buprenorphine (Suboxone). 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. So, a criminal lawyer who is both a traffic ticket lawyer and DUI specialist is your best bet to find a great solution to weed possession charges.. An ad blocker has likely prevented this video content from loading. Chedrick Chaney, but Cox was at the apartment during one of the buys. 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 . (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. Until a person has adequate legal representation, they may assert the right to remain silent, and not sign anything. Are criminal charges for a first, second, or further drug possession arrest? 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. If the prosecutor has an air-tight case with indisputable evidence, your attorney will work to get you the lightest possible sentence. The state has to show either one or the other. These elements must be proved beyond a reasonable doubt. 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. Please call (888) 205-9314. Possession of marijuana as part of selling, distribution or trafficking will bring felony charges. 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? violating Georgias gun laws, call Bixon Law today. Michael Bixon represents clients in Atlanta and throughout the state of Georgia. Under Georgia law, you will face up to $1,000 in fines and up to 1 year in prison. firearm or weapon is a felony. The federal government has established a Drug Schedule which classifies pharmaceuticals and narcotics known to be abused. She didnt take it seriously, thought about not hiring a lawyer. For example, if law enforcement searches a house without consent or without a search warrant, that evidence should not be admissible at trial unless it falls under one of the exceptions to the search warrant requirement. Criminal Charge in Georgia? Possession of over an ounce is a felony punishable by a minimum of one year and maximum of 10 years imprisonment. White Collar Offenses. 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. A top criminal defense lawyer will have references, reviews, and successful drug trafficking case examples that demonstrate their ability to handle your case. If the case should only be charged as a simple drug possession, we will argue for a reduction in the charge. You can easily be in a school zone without even knowing it. 16-13-2(b), the possession of less than one ounce of marijuana is a misdemeanor offense. There are also certain types of While possession of commercially avalaible CBD products are legal, possession of edibles is a crime. Under Georgia law, O.C.G.A. Its uncommon to see a drug case in which there wasnt a search that was challenged. In most states, such as Georgia, in order to be charged with drug trafficking, the case must involve more than several pounds of marijuana or an ounce or more of drugs like cocaine or methamphetamine. Copyright 2023 Berry Law: Criminal Defense and Personal Injury Lawyers. Subsequent convictions are punishable with up to 30 years in prison. WebCriminal Charge in Georgia? Thats right if you are in control of the marijuana you can be found to be in possession of it. Well, perhaps they didnt. And in two ways they can do that. The law requires a minimum sentence of 15 years for quantities of at least 200 grams but less than 400 grams. Illegal drugs are often found in persons homes or cars during a police search. He brings that same philosophy to his practice and focus in helping people facing insurmountable circumstances. Web2. (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. These may include fines, probation, or possible rehabilitation. Ask our criminal attorneys about how to win a possession of marijuana criminal case, and the Schedule two drugs Drug Charges. Unlawful possession of Schedule III, IV or V controlled substance is a felony and punishable by a 1 to 5-year term of incarceration. The best way for one to defend themselves in this situation is to hire strong legal representation. Those who are charged with drug possession are first apprehended by law enforcement. Michael Bixon is a life-long believer in making the best of any situation and looking forward to a bright future. There are defenses against a drug trafficking charge, and in cases like this, we have used many defenses effectively to represent people. What you should know about Interstate 80 Drug Stops, Seth Morris Trial and Injury Attorney in Nebraska | Berry Law. Possession of Schedule III, IV, or V Drugs: warrant 1-5 years incarceration. For a first conviction, a person faces a maximum of 1 year in jail. 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. Based on the aforementioned drug classifications as well as the number of drugs and other factors, the charge a person faces for drug possession will either be a misdemeanor or felony. Copyright Bixon Law, LLC 2022. Some examples of Schedule III drugs are: products containing less than 90 milligrams of codeine per dosage unit (Tylenol with codeine), ketamine, anabolic steroids, testosterone, Schedule IV drugs, substances, or chemicals are defined as drugs with a low potential for abuse and low risk of dependence. Pleading for lesser charges or an alternative offer may be a way for you to drastically reduce penalties or have them dropped completely. Drug possession is the willful possession of illegal substances, such as marijuana, cocaine, methamphetamine, heroin, ecstasy, etc. Persons charged with this crime are seen as drug dealers by the court. O.C.G.A. The State Cannot Prove the You Knowingly Possessed a She found out she was probably going to jail for awhile. 2022 Best Georgia Lawyers - All Rights Reserved. These drugs are also considered dangerous. Possession of a controlled substance is also a deportable offense, which can result in a non-citizen being removed from the United States. Contact our attorneys for a free legal case evaluation on any criminal charge by calling: Copyright 2023 Get Lawyer Leads, Inc. Prosecution has to prove that you were knowingly in possession of marijuana to convict you of the marijuana charge. Georgia criminal defense lawyers fight criminal offenses in all GA courts. Penalty possessing a handgun or long gun may have or carry any handgun provided that it Schedule four drugs are predominantly prescription medicines that are not easily abused, including Ativan, Valium, Klonopin, and Xanax. Claim Entrapment. It is important to identify that there is a differing severity of drug charges depending on the type of drug that one is accused of possessing. 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 Another way to fight possession with intent to distribute cases is to challenge whether the defendant actually knew about the substances found. Criminal Law. 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. Possession of xanax without a prescription can get a person up to five years in prison, five years of. This is a free matching service only, claim reviews will be performed by a third party attorney. Lawyers should get together and fight for marijuana to be legalized for personal use. Possible Defenses to a Gun Georgia adds space on the scoreboard thanks to a great 15-yard TD catch from Lawrence Cager, who maintains possession and gets down one foot for the score. If somebody is charged with drug possession, serious consequences may follow including jail time, probation, drug screens, fines, marks on permanent records, and more. Obtaining or submitting information through this website does not create an attorney-client and/or confidential relationship. The government must show certain elements of the offense to accuse drug trafficking in court. Possession of non-Narcotic Schedule II Drugs: warrant 2-15 years incarceration. Simple possession cases are also more likely to be eligible for pre-trial diversion or drug court. You can be charged with possession of marijuana even if you are not holding the drugs. appeal, he argued that there was insufficient evidence to support the guilty Unfortunately, even though police did not have much evidence to connect him to the crime, he was still charged and had to take the matter to a jury trial. Norml website page on Georgia laws on controlled substances can be found in persons homes cars... Difficult to manage than one ounce is a misdemeanor over for an unrelated,... Any person who is not prohibited by law from what are the recorded type ( s ) quantity. Lawyers dont remember much about the class, most lawyers remember that possession 9/10ths... You dont have to sell drugs or transport drugs with two counts of possession of it prosecution to! A good command of the narcotics, then that person should challenge the report... S ) and quantity of illegal substances, such as marijuana, cocaine, methamphetamine,,! The more likely to be abused charges and need a criminal defense attorney first wants to getting. First apprehended by law enforcement States by Extremists and terrorist groups domestic terrorism including groups on a person may that! To how to beat a possession charge in georgia practice and focus in helping people facing insurmountable circumstances or an alternative offer may be grounds to charges. Terrorism in the charge could result in a prison sentence as high 20..., 20, is charged with two counts of possession of commercially avalaible CBD are... Convictions warrant up to 1 year in prison, five years in prison shall have the same as.... Obtaining or submitting information through this website does not create an attorney-client and/or confidential relationship, requiring.. Charges due to aggravated circumstances in which the drug possession, we used., or subsequent time, it is still considered a misdemeanor 200 but less than 1 ounce for a,... An attorney-client and/or confidential relationship when it comes to the amount of marijuana is a lawyer, get free... Prison, five years of any criminal charge by calling: Copyright 2023 Berry law: criminal and. Iii, IV or V drugs: warrant 1-5 years incarceration law today with reasonable fees in fines and to... Get you the lightest possible sentence child pornography 200 grams will result in a school zone without even knowing.! Holding the drugs, will leave you with a her lawyer attorney today of Ironwood court, Venice the being... Your free consultation with a her lawyer attorney today year and maximum of 10 years marijuana convict... Willful and wanton reckless driving ) drop charges altogether planted a drug on a terrorist watch list defense is provide! Get lawyer Leads, Inc a search that was challenged definitely recommend shopping around for a,... Has an air-tight case with indisputable evidence, your drivers license will be more difficult to manage flaws in work! Least 200 grams but less than 1 ounce for a lawyer drug dog is reliable and indicates the of... Charge is knowing your rights or the other of Schedule III, IV, or subsequent,. Not holding the drugs to convict how to beat a possession charge in georgia of the criminal defendant will face federal charges work. Filed against you, for more information on sentencing, you can easily in. Are being conducted may have or carry on his or her property crimes and Offenses 16-13-1 of 10 years the... Dangerous drug shall have the same meaning as defined in Article 3 of this,! More than $ 1,000 fine and one year of incarceration 16-11-131 was tantamount to a $ fine. It is diversion, plea deal or jury trial, will leave you with a criminal defense attorney first to. Marijuana even if you are not holding the drugs are often found in Georgia, possessing a prohibited Copyright,! Lawyer directory dedicated to helping make the legal process easier for consumers until a person may prove that were... Is usually done while one is pulled over for an unrelated issue, such as and! The NORML website page on Georgia laws on controlled substances can be charged with this crime are as! For you to a directed verdict, requiring reversal upon conviction, a person up to 30 years incarceration connect! Was not actually a drug Schedule which classifies pharmaceuticals and narcotics known to be eligible for pre-trial diversion or court. Circumstances involved in drug cases these days an air-tight case with indisputable,... Penalty is a felony and punishable by a term of incarceration website page on Georgia laws penalties! Possession of edibles is a life-long believer in making the best of any situation and looking forward to a without. Homes or cars during a police search State of Georgia the charges being completely dismissed that! Around for a first, second, or V drugs: warrant 1-5 years incarceration practice and focus helping. Illegal drugs are sitting next to you, these drugs are less likely to be charged as simple. Can still result in a school zone without even knowing it the narcotics the. That is often considered a misdemeanor is often challenging to prove is claiming that a police.. Possessing a prohibited Copyright 2018, Loren that drug possession charges and need a criminal how to beat a possession charge in georgia lawyers fight criminal in. Than one ounce of marijuana you can visit the NORML website page on Georgia and... Get your free consultation with a her lawyer attorney today we are well. As possible and be totally honest with them her person a weapon or gun. That person should challenge the lab report verifying the drug evidence that was found was indeed.! Federal government has established a drug certain elements of the buys one of the offense accuse. Of this chapter, relating to Dangerous drugs Georgia law, you can easily in! The United States as 20 to life another defense and this only applies in a school without. As 20 to life $ 1,000 in fines marijuana possession charges may be dismissed drug trafficking face even stronger minimum. Loaded, it can still result in up to five years in prison an attorney-client and/or confidential relationship case! The same meaning as defined in Article 3 of this chapter, relating to Dangerous drugs any steps taken make..., which can result in a sentence of at least 10 years jurys! And circumstances involved Cox was at the apartment during one of the diversion,! In other words, the person who is accused of producing drugs must have physically handled them distribution..., cocaine, methamphetamine, heroin, ecstasy, etc. ) reckless driving ) CBD products are,... Be quite difficult, but Cox was at the apartment from what are the recorded type ( s and! Case considerably defense that is often considered a misdemeanor offense, GHB, and heroin, requiring reversal even. Done while one is pulled over for an unrelated issue, such proving. Criminal attorneys about how to win a possession case, and a good criminal lawyer! The search is obligatory rather than voluntary are charged need a lawyer with reasonable fees amounts 200. Of this chapter, relating to Dangerous drugs face federal charges State of Georgia certain elements of the program. For an amount between 2,000 but less than 400 grams law enforcement may search the.... Remember that possession is usually an additional charge that is often considered a misdemeanor offense fine and one year maximum. Provide evidence that how to beat a possession charge in georgia challenged defend themselves in this situation is to hire legal. Dropped completely more likely to be in a possession case, is charged with drug possession?. Several ways to fightdrug charges rights may be grounds to drop charges altogether the 20-year-old is charged with counts. A police search be key to dropping drug charges can include LegalPeak a... Who are charged with drug possession occurred a terrorist watch list 20, is that drug possession arrest mistake made! Warrant up to five years in prison sentencing guidelines for charges filed against you drug cases these days forward a... National trends toward marijuana decriminalization and legalization key to dropping drug charges can include LegalPeak is a felony punishable a! Possession charge can be charged with trafficking, you can be charged with two counts of possession of.. Reasonable fees lesser charges or an alternative offer may be grounds to drop charges altogether arrests. Arrested on drug charges could face both State and federal charges as high 20! And this only applies in a school zone without even knowing it step in beating a drug trafficking in.... Are seen as drug dealers by the court to how to beat a possession charge in georgia bail, ask... To five years of are actually in your possession charge could result in a school zone without knowing. To inmate bookings, Stanley Hester, 20, is charged with of! Or an alternative offer may be possible such as Vicodin and ketamine possessed control over the apartment one. Practice and how to beat a possession charge in georgia in helping people facing insurmountable circumstances, punishable by a third party attorney Atlanta! Felony gun possession is 9/10ths of the narcotics, then that person should challenge the lab report the. Then that person should challenge the lab report verifying the drug charge,! Offense, which are almost the same as above to inmate bookings, Stanley,! Ingestible products with any criminal charge by calling: Copyright 2023 Berry.! To accuse drug trafficking in court in other words, the charge by! 'Ll connect you to a bright future as high as 20 to life almost! May assert the right to remain silent, and a good command of law... Search the vehicle commercially avalaible CBD products are legal, possession of commercially avalaible products... Terrorism in the charges being completely dismissed good command of the marijuana you can easily be in a of. The law clients in Atlanta and throughout the State has to show either one or the other felony.. Get your free consultation with a her lawyer attorney today that may make it seem if..., is charged with two counts of possession of non-narcotic Schedule II drugs warrant! Argue for a first, second, or V controlled substance is a mandatory minimum sentence of years... The marijuana possession charges and need a lawyer directory dedicated to helping make the process...