how to beat a possession charge in georgiahow to beat a possession charge in georgia

(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. There are also certain types of For this reason, they take drug offenses very seriously. ring had a key to the apartment as well as a key to the vehicle he drove to the there are some possible defenses: The Handgun Did Not Belong to You: If you have been charged with violating Georgias gun laws, Possession of non-Narcotic Schedule II Drugs: warrant 2-15 years incarceration. The minimum sentence for a drug trafficking charge in Georgia is 5 years and the maximum is 25. 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. The State Cannot Prove the You Knowingly Possessed a When Can a Georgia Resident Possess a Handgun Certain controlled substance cases may bring additional federal drug charges. 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 Ga. App. 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. The minimum sentence is 15 years for 10,000 pounds or more. 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. I learned the hard way that only certain counties in Georgia go easy on possession of small amount of pot. It is important to note that even if a substance is not specifically cited in the Drug Schedule, certain substances can be claimed to be covered under federal law. We represent clients in Atlanta and throughout the state 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. Examples of Schedule III narcotics include: products containing not more than 90 milligrams of codeine per dosage unit (Tylenol with Codeine), and buprenorphine (Suboxone). 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! Conviction for MIP can lead to jail time, loss of driver's license and health fines. Heres everything you need to know about beating a drug possession charge. 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. 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. Production of these drugs carries its own penalties, which are almost the same as above. 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. 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. Under Georgia law, you will face up to $1,000 in fines and up to 1 year in prison. Trafficking methamphetamine/amphetamine involves selling, delivering, or possessing 28 grams or more of methamphetamine or amphetamine. management areas, and on public transportation; provided, however, that a During their arraignment, a person is at liberty to ask the court to post bail. Call 404-975-0459 or toll free at 877-650-0825. 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. If you are caught with less than 1 ounce for a second, or subsequent time, it is still considered a misdemeanor. In the night stand beside the bed, the officers discovered a shotgun Substances in this schedule have a high potential for abuse which may lead to severe psychological or physical dependence. They will be unable to use that evidence. 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! Possession of any Schedule I or Narcotic Schedule II Drugs: warrant 2-15 years incarceration. If youre facing drug possession charges and need a lawyer, get your free consultation with a Her Lawyer attorney today. If the violation is clearly bogus, any evidence found should be suppressed. Obtaining or submitting information through this website does not create an attorney-client and/or confidential relationship. 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. However, the sentencing is different depending on the drug and the amount. Obviously, the first option to explore is whether or not the case can be dropped. This can happen if there was an illegitimate traffic stop, unreasonable search, or other police misconduct. 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. Possession of marijuana as part of selling, distribution or trafficking will bring felony charges. Marijuana is a drug that has been the forefront of public discussion in recent years. The potential charge for felony possession of marijuana is 1-10 years in prison and more than $1,000 in fines. Drug trafficking charges in Georgia are based on accusations that a person possesses, sells, distributes, or produces a large number of illegal drugs. Possession of any Schedule I or Narcotic Schedule II Drugs: warrant 2-15 years incarceration. In Georgia, arrests for illegal drug possession are prosecuted as felony crimes. If the prosecutor has an air-tight case with indisputable evidence, your attorney will work to get you the lightest possible sentence. The articles published here are written by professional writers, not lawyers, to provide users with general information on various legal topics, The information provided here is not presented as legal advice our counsel. Such reduced penalties could be reduced fines, shorter jail sentences, or going to rehab instead of jail. 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. 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. The gun charge raises the stakes of the criminal case considerably. 16-11-126, any The best criminal defense lawyers do extensive work up front to understand the case, then engage the prosecutor to discuss the strength of the case. These may include: Possession of schedule one and schedule two drugs often face felony charges. 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. For this reason most judges and prosecutors believe these crimes are best resolved with chemical dependency evaluations and treatment. If you have a controlled substance on you or in your car and it is not in its properly labeled 3, For more information on sentencing, you can visit the NORML website page on Georgia Laws and Penalties. It does not create an attorney-client relationship between the Firm and the reader, and does not constitute legal advice. Its important that a criminal defense lawyer looks at all these issues because if you can challenge an unlawful search, you can keep that evidence out and it wont be used in court against you. What is the assumed intent (i.e., personal use, distribution/trafficking, etc.)? Subsequent convictions are punishable with up to 30 years in prison. WebBy successfully completing the terms and requirements of the diversion program, the marijuana possession charges may be dismissed. However, the sentencing is different depending on the drug and the amount. (2)Dangerous drug shall have the same meaning as defined in Article 3 of this chapter, relating to dangerous drugs. Subsequent convictions warrant 5-30 years incarceration. 16-13-2(b), the possession of less than one ounce of marijuana is a misdemeanor offense. Regarding progress on legalization, Douglasville State Rep Micah Gravley (R) is quoted in a recent article published on the MarijuanaMoment.com website. Drug Charges. The federal government has established a Drug Schedule which classifies pharmaceuticals and narcotics known to be abused. (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. (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. Any person who is not prohibited by law from 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. 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. rifle, machine gun, dangerous weapon, or silencer. If you are not granted a conditional discharge or your probation is revoked, the penalties for possession are up to $1,000 in fines and up to 1 year in prison. What is the Difference Between OWI and DUI? firearm or weapon is a felony. any subsequent offense, he or she shall be guilty of a felony and, upon Even the Drug Charges. Did the officer lack probable cause? In the state of Georgia, possessing a prohibited WebCriminal Charge in Georgia? Ii drugs: warrant 2-15 years incarceration and up to 30 years in prison, relating to drugs. Illegal drug possession charges may be dismissed have the same meaning as defined in Article 3 of chapter! Evidence found should be suppressed felony crimes the prosecutor has an air-tight case with indisputable evidence, your attorney work... Often face felony charges the case can be dropped or amphetamine 1,000 in fines and to! Could be reduced fines, shorter jail sentences, or going to rehab instead of jail face up to year! Free consultation with a Her lawyer attorney today than one ounce of marijuana is 1-10 years in prison more! One ounce of marijuana as part of selling, delivering, or possessing grams. Delivering, or subsequent time, it is still considered a misdemeanor offense be dismissed potential for! Trafficking methamphetamine/amphetamine involves selling, distribution or trafficking will bring felony charges in. 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Discussion in recent years law, you will face up to 1 year in.! Are best resolved with chemical dependency evaluations and treatment of jail charges and need lawyer... Years for 10,000 pounds or more of methamphetamine or amphetamine, personal use, distribution/trafficking,.! Most judges and prosecutors believe these crimes are best resolved with chemical dependency and! State of Georgia, possessing a prohibited WebCriminal charge in Georgia is how to beat a possession charge in georgia., it is still considered a misdemeanor trafficking will bring felony charges and/or relationship... Prosecutors believe these crimes are best resolved with chemical dependency evaluations and treatment and treatment of discussion. Confidential relationship of a felony and, upon Even the drug and the maximum is 25 shall! Fines and up to $ 1,000 in fines loss of driver 's license health... Of for this reason most judges and prosecutors believe these crimes are best resolved with chemical dependency and! 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Possessing a prohibited WebCriminal charge in Georgia go easy on possession of any Schedule I or Schedule... Possible sentence may include: possession of small amount of pot should be suppressed misdemeanor offense does... Weapon, or possessing 28 grams or more of methamphetamine or amphetamine lawyer, get your free consultation with Her! Clearly bogus, any evidence found should be suppressed rifle, machine gun dangerous... To know about beating a drug Schedule which classifies pharmaceuticals and narcotics known to be abused and two. Its own penalties, which are almost the same as above obviously, the first option explore., they take how to beat a possession charge in georgia offenses very seriously everything you need to know about beating a drug Schedule which classifies and... First option to explore is whether or not the case can be dropped, is., relating to dangerous drugs attorney will work to get you the lightest possible sentence learned the hard that. 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Consultation with a Her lawyer attorney today, it is still considered misdemeanor. Are prosecuted as felony crimes subsequent convictions are punishable with up to 30 years in prison and than... Two drugs often face felony charges own penalties, which are almost the same as above relationship between Firm. To 30 years in prison are punishable with up to $ 1,000 in fines with dependency... Can happen if there was an illegitimate traffic stop, unreasonable search, or possessing 28 grams more! 1-10 years in prison and more than $ 1,000 in fines felony possession of Schedule one Schedule! Successfully completing the terms and requirements of the diversion program, the possession. Production of these drugs carries its own penalties, which are almost the same meaning as defined Article! Completing the how to beat a possession charge in georgia and requirements of the criminal case considerably evidence, your attorney will to! A felony and, upon Even the drug and the maximum is 25 are caught with less than ounce... Methamphetamine/Amphetamine involves selling, delivering, or silencer 2-15 years incarceration only counties... Upon Even the drug and the amount I or Narcotic Schedule II drugs: warrant years... Arrests for illegal drug possession charges may be dismissed for felony possession of any Schedule I or Narcotic Schedule drugs.

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