In these instances, individuals with small amounts of drugs are often charged with possession with intent to distribute. First offense convictions carry potential jail time of up to 30 days and fines of up to $500. Some examples of substances listed in Schedule I are: heroin, lysergic acid diethylamide (LSD), marijuana (cannabis), peyote, methaqualone, and 3,4-methylenedioxymethamphetamine (Ecstasy). any subsequent offense, he or she shall be guilty of a felony and, upon 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. loaded, it shall only be carried in an open and fully exposed manner. Was the search illegal? violating Georgias gun laws, call Bixon Law today. Its worth noting that it it is a misdemeanor that can still bring a fine up to $1,000 and a year in jail. What is the assumed intent (i.e., personal use, distribution/trafficking, etc.)? Simple possession is often considered a misdemeanor and carries lighter consequences. know. If they do not follow those procedures it can sometimes be dismissed. All Rights Reserved. Services are not available in all states. The police should tell you this as they read your Miranda Rights to you. But even if theyre not with you at the time, you can also possess drugs. I definitely recommend shopping around for a lawyer with reasonable fees. The applicable Official Code of Georgia statutes are identified below: Simple battery (OCGA Simple battery, Section 16-5-23) (always a misdemeanor, but can be high and aggravated). Call 404-975-0459 or toll free at 877-650-0825. It's free to sign up and bid on jobs. Schedule two drugs do possess some medical uses and include prescription medicines such as oxycodone, morphine, opium, methamphetamine, and cocaine. 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 gun charge in georgia. 16-11-126, when a For a first conviction, a person faces a maximum of 1 year in jail. 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. 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. Possession of Schedule III, IV, or V Drugs: warrant 1-5 years incarceration. Because of variables such as the nature of the substance, quantity, and other charges filed, your case may end in probation, diversion sentencing, or incarceration. She hired a lawyer at the last minute and got the First Offender thing. 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. Talk to your Georgia drug crimes 16-11-126(g), any The prosecution would then be required to prove beyond a reasonable doubt that the lab reports were fair and honest. 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. A judge can say that there was not enough evidence, so the wiretaps can be excluded. Anyone caught in the distribution chain is subject to a possession with intent to distribute charge. The CI had made purchases from license on his or her person, or any person not required by law to have a Marijuana is a drug that has been the forefront of public discussion in recent years. (b)Except as otherwise provided by subsection (d) of this Code section, it shall be unlawful for any person knowingly to sell, deliver, distribute, display for sale, or provide to a minor or knowingly possess with intent to sell, deliver, distribute, display for sale, or provide to a minor any drug related object. The first step in beating a simple possession charge is knowing your rights. Simple possession cases are also more likely to be eligible for pre-trial diversion or drug court. Police do not necessarily have to find drugs on your body or directly in your possession in order for you to be convicted on drug possession charges. Drug trafficking charges in Georgia are based on accusations that a person possesses, sells, distributes or produces a large number of illegal drugs. And in two ways they can do that. 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. Additional charges may be forthcoming, according to the Grovetown Police Department. Possession of marijuana, under one ounce, is a misdemeanor. 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. Possession Laws in Virginia. Becoming familiar with your rights may be key to dropping drug charges altogether. If any such object has printed thereon or is accompanied by instructions explaining the purpose and use of such object and if following such instructions would cause a person to commit an act involving the use or possession of a dangerous drug or controlled substance in violation of the laws of this state, then such instructions shall constitute prima-facie evidence of knowledge that the object in question is a drug related object. Drug possession is the willful possession of illegal substances, such as marijuana, cocaine, methamphetamine, heroin, ecstasy, etc. When it comes to the amount of drugs, weight or size does matter. State of Georgia? to the date of the current arrest for which a conviction is obtained, and for When Does a Georgia Resident Need A Permit to Possess Unlawful possession of Schedule III, IV or V controlled substance is a felony and punishable by a 1 to 5-year term of incarceration. Substances in this schedule have a low potential for abuse relative to substances in Schedule III. historic sites, or recreational areas, including all publicly owned buildings If this is the case, then that person should challenge the lab report verifying the drug evidence that was found was indeed substantial. Possession of any Schedule I or Narcotic Schedule II Drugs: warrant 2-15 years incarceration. However, criminal defense attorneys often fight the government about whether the dog was adequately trained or whether the dog clearly indicated to the odor of narcotics in the vehicle. The law requires a sentence of at least 25 years for 28 grams or more. Fill out this short form and criminal defense. 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. 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. For the second offense within five years, as As with any criminal charge, your future is at stake. 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. This means that though the drugs were in a persons possession, the drugs were not actually theirs. We're here for you 24/7. If you dont defend yourself, you can end up regretting the outcome. Sale of any Schedule III, IV or V Controlled Substance is a felony punishable by one to ten years in prison, depending on quantity. Under Georgia law, O.C.G.A. For this reason most judges and prosecutors believe these crimes are best resolved with chemical dependency evaluations and treatment. Subsequent convictions are punishable with up to 30 years in prison. personal papers, permitting an inference that Cox had ownership and control Lets say, number one, law enforcement has been given a judge to go ahead and issue that wiretap, but they have not had enough likely cause. Possession of drugs is a serious offense in Maryland. 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 penalty is a mandatory minimum sentence of 10 years if the quantity is at least 28 grams but less than 200 grams. Under Georgia law, O.C.G.A. Children dont get Parkinsons disease. A friend got busted for a tiny amount of weed. Upson County, GA (February 28, 2023) On Thursday, February 23, 2023, the Georgia Bureau of Investigation Child Exploitation and Computer Crimes (CEACC) Unit executed two search warrants regarding separate child exploitation investigations. Georgia law enforcement knows this means that many drugs flow through their state. Another way to fight possession with intent to distribute cases is to challenge whether the defendant actually knew about the substances found. What are the relevant State and/or Federal sentencing guidelines for charges filed against you? Learn how the government views domestic terrorism including groups on a terrorist watch list. verdicts against him. Punishment. This could be in the glove compartment, on your coffee table, or under your seat. Copyright 2022 - BestGeorgiaLawyers.com. And many times, this will result in the charges being completely dismissed. Any person who is not prohibited by law from handgun or long gun without a valid weapons carry license while hunting, Anybody with a drug charge in Georgia needs to take it seriously and hire a good lawyer. A Former DA Breaks Down Your Drug Defense! 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. There are some exceptions for possessions of small amounts of marijuana. In reality, most of the time, drug possession on its own is a felony offense. Mere presence alone is not enough. WebPossession of Schedule II Drug | Georgia Criminal Lawyer We Answer Calls 24/7404-816-4440Request Free Consultation 404-816-4440 Home Our Firm Attorneys Best Georgia Criminal Lawyer Case Results Locations Resources Recommendations Georgia Criminal Law Library Boating Crimes Boating Under the Influence Georgia Boating Laws firearms that are prohibited in the state of Georgia. Finally, what is the amount of drugs necessary to qualify for an intent to distribute charge? People charged with simple felonypossession of drugsoften get their charges reduced from felonies to misdemeanors. Sometimes law enforcement will say they had consent to search a vehicle, but that consent cannot be coerced. If you or a loved one has been charged with possession with intent to 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. commits the offense of unlawful possession of firearms or weapons when he or 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. Potential Sentence If this is your first When defending these cases, the first step is to try to keep all the drugs out of court. This is usually done while one is pulled over for an unrelated issue, such as driving over the speed limit. Subsequent convictions warrant 5-30 years incarceration. Trafficking methamphetamine/amphetamine involves selling, delivering, or possessing 28 grams or more of methamphetamine or amphetamine. Are you facing a drug-related charge? THIS IS AN ADVERTISEMENT. Since a case of drug trafficking is not only based on the activity, whether you are selling, manufacturing, importing, or even possessing, you have to show a certain amount. You need Michael Bixon representing your rights. Marijuana trafficking is defined as the sale, manufacture, grow, supply or possession of more than 10 pounds of marijuana. 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. Possession with Intent to The law requires a sentence of at least 25 years for 28 grams or more. For this reason, they take drug offenses very seriously. You need Michael Bixon representing your rights. Until a person has adequate legal representation, they may assert the right to remain silent, and not sign anything. They will be unable to use that evidence. Lastly, a person may prove that the substance found was not actually a drug. Joseph Carter, age 19, of The Rock, GA, was arrested and charged with six counts of sexual Sickle cell anemia? Possession of over an ounce is a felony punishable by a minimum of one year and maximum of 10 years imprisonment. A good criminal defense attorney knows that there are several ways to fight drug charges. 16-11-126, any one possible defense is to provide evidence that the weapon you are charged 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). At trial, the With adequate time to intervene and prepare, and a good command of the facts, they can mitigate the severity of consequnces. Subsequent convictions warrant 1-10 years incarceration. 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 Michael Bixon is a life-long believer in making the best of any situation and looking forward to a bright future. 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. If the drug dog is reliable and indicates the odor of narcotics, then law enforcement may search the vehicle. Another defense and this only applies in a possession case, is that drug possession was not real or constructive. Amounts ranging from 28 to less than 200 grams will result in a sentence of at least 10 years. 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. She didnt take it seriously, thought about not hiring a lawyer. The courts often see people charged with simple possession as drug uses or drug addicts, but not drug dealers. An attorney wants to gauge the strength of the prosecutions case, the attitude of the prosecutor, and learn what evidence they have to support their case. Most criminal defendants charged with PWID (Possession with Intent to Distribute) must post much higher bail and face much more severe punishment. So, in essence, drug trafficking is any kind of drug crime. There are some exceptions for possessions of small amounts of marijuana. Illegal drugs are often found in persons homes or cars during a police search. The State of Georgia is slowly advancing legislation to legalize more THC products for medicinal purposes. Some examples of the drugs in each schedule are listed below. appeal, he argued that there was insufficient evidence to support the guilty Obtaining or submitting information through this website does not create an attorney-client and/or confidential relationship. Claim Entrapment. The State of Georgia takes all drug possession offenses very seriously, this includes marijuana. The potential charge for felony possession of marijuana is 1-10 years in prison and more than $1,000 in fines. They say theyve got consent, theyve got search permission, the whole nine yards. Are your charges misdemeanor charges or felony charges? WebA person may be found guilty of unlawfully possessing a [] Copyright 2023 Berry Law: Criminal Defense and Personal Injury Lawyers. case depending on the facts and circumstances involved. Well, perhaps they didnt. If you are under investigation, or have been arrested, for charges related to marijuana, controlled substances, or narcotics you need to contact a drug charges defense lawyer. 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. Please enter your username or email address to reset your password. Schedule three drugs are less likely to be abused and have many medical uses; these include drugs such as Vicodin and ketamine. Whether or not you can beat the charge of constructive possession depends on many factors one of which, of course, would be the fact that the drugs were found in your room. Upson County, GA (February 28, 2023) On Thursday, February 23, 2023, the Georgia Bureau of Investigation Child Exploitation and Computer Crimes (CEACC) A mandatory minimum of 15 years is required for amounts between 200 but less than 400 grams. If you have been charged with or are being investigated for This field is for validation purposes and should be left unchanged. Any person with a valid hunting or fishing 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. According to inmate bookings, Stanley Hester, 20, is charged with two counts of possession of child pornography. In fact, in Georgia, those convicted of drug possession can lose their drivers license and all driving privileges. These may include: Possession of schedule one and schedule two drugs often face felony charges. Next, a person should request legal assistance and request to post bail. person shall not carry a handgun into a place where it is prohibited by federal However, the best thing one can do for oneself is to hire excellent legal representation. unloaded. 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. 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. While this can manifest in many different ways, some key ways are: Considering how prevalent drug possession charges have become, it is extremely important to be equipped with the proper tools to defend yourself against any unreasonable violations. The only thing you should say to the police is, Im invoking my right to remain silent, and I want a lawyer. Any person who is not prohibited by law from Some examples of Schedule V drugs are: cough preparations with less than 200 milligrams of codeine or per 100 milliliters (Robitussin AC), Lomotil, Motofen, Lyrica, Parepectolin. Criminal Charge in Georgia? A criminal record will almost certainly impair your chances for success in life. Although a misdemenaor, it can still result in up to a $1,000 fine and one year of incarceration. The minimum sentence for a drug trafficking charge in Georgia is 5 years and the maximum is 25. Georgia is the gateway between Florida and the entire East coast. 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 over the shotgun and the area surrounding the bed under which the prescription Learn about theft by taking laws in Georgia including misdemeanor and felony charges, potential sentences, and fines if convicted. 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. 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. Such laws outline when a person needs a WebCriminal Charge in Georgia? possession of a prohibited firearm in Georgia is to present evidence to prove WebOur goal is to first try to take the most serious charges off the table to avoid the most severe sentences. fishing, or engaging in sport shooting. Georgia criminal defense lawyers fight criminal offenses in all GA courts. These include marijuana, LSD, GHB, and heroin. Entrapment can be tricky to do well, but an experienced 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. Dont assume that every county thinks a little pot is no big deal. There is a myriad of defenses that a person may take in order to combat these charges. 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. 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. There are a multitude of reasons that the State of Georgia can suspend a license to operatea motor vehicle. Under Georgia law, you will face up to $1,000 in fines and up to 1 year in prison. 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. rifle, machine gun, dangerous weapon, or silencer. 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. Related: Prosecution of Women for Drug-Related Offenses. 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. Charge: Charlotte County warrant for violation of probation (original charge of willful and wanton reckless driving). If you drive the car and the drugs are sitting next to you, these drugs are actually in your possession. In other instances, the issue is not whether the person possessed an unlawful controlled substance, but whether they possessed enough of it to be found in possession with intent to distribute when there are no scales, baggies, or incriminating text messages. shooting when the person has the permission of the owner of the land on which 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. evidence showed that on July 29, 2006, officers executed a warrant at an You have constructive possession of these drugs in that case. If you are caught with less than 1 ounce for a second, or subsequent time, it is still considered a misdemeanor. Subsequent convictions warrant 1-10 years incarceration. In Cox v. State, If you have cocaine or methamphetaminein Georgia, if it is 28 grams or greater, it is a case of drug trafficking. Because a trafficking case involves a larger amount of drugs, drug trafficking charges can carry severe mandatory minimum jail sentences that usually increase with the number of drugs. The state of Georgia has Repeat offenders for drug trafficking face even stronger mandatory minimum jail sentences. Are your charges misdemeanor charges or felony charges? 1308.11 through 1308.15. Cocaine Bear is a sensationalized version of a true story. Additional charges may be forthcoming, according to the Grovetown Police Department. Persons charged with this crime are seen as drug dealers by the court. You can be charged with possession of marijuana even if you are not holding the drugs. Namely, it is important to understand your Fourth Amendment rights and how they protect you from unreasonable searches and seizures. 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. Your email address will not be published. Courts have rules that determine what evidence can be admitted at trial. According to inmate bookings, Stanley Hester, 20, is charged with two counts of possession of child pornography. For two reasons, its possible to have this evidence excluded from the trial. What you should know about Interstate 80 Drug Stops, Seth Morris Trial and Injury Attorney in Nebraska | Berry Law. For the second or any subsequent offense, a person violating subsection (b) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years or by a fine of not less than $1,000.00 nor more than $5,000.00, or both. The difference between possessing illegal drugs and possessing illegal drugs with intent to distribute is huge in the criminal justice system. Please call (888) 205-9314. If you have been For the first offense, he or she shall be guilty You dont have that cocaine with you now, but you both have the power and the intention to go back and get it. On When Can a Georgia Resident Possess a Handgun Tourettes? (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. A criminal defense attorney first wants to attempt getting all charges dropped. Other Schedule II narcotics include: morphine, opium, codeine, and hydrocodone. Lastly, schedule five drugs or medicines that have a low possibility of being abused, including medicines with small quantities of codeine or other narcotics. for Possessing a Prohibited Firearm or Weapon in Georgia. If somebody is charged with drug possession, serious consequences may follow including jail time, probation, drug screens, fines, marks on permanent records, and more. Depending on the circumstances of the case, a sentence may result in a diversion program or up to 30 years in prison. There may not have been enough likely cause to support the warrant. WebThe Peach State has created three different levels of seriousness, when it comes to battery charges. And what you do with the drugs doesnt matter. Schedule four drugs are predominantly prescription medicines that are not easily abused, including Ativan, Valium, Klonopin, and Xanax. , the whole nine yards qualify for an unrelated issue, such as driving over the speed.... Can not be coerced cause to support the warrant, individuals with small amounts of marijuana and be. A true story hiring a lawyer at the time, it shall only be carried an. Or amphetamine drug charges altogether a criminal defense and this only applies in a possession case a... Impair your chances for success in life this reason most judges and prosecutors believe these are... Drivers license and all driving privileges gateway between Florida and the drugs in each schedule listed... Drug Stops, Seth Morris trial and Injury attorney in Nebraska | law! This is usually done while one is pulled over for an unrelated issue, such as oxycodone morphine! Within five years, as as with any criminal charge, your future is least... Include prescription medicines that are not holding the drugs are predominantly prescription medicines such oxycodone. Search a vehicle, but not drug dealers and should be left unchanged, to. Amount of drugs is a mandatory minimum sentence of at least 10 imprisonment. Year of incarceration potential for abuse relative to substances in this schedule have a low potential for abuse to! In prison second, or subsequent time, drug trafficking charge in Georgia, those of. Exceptions for how to beat a possession charge in georgia of small amounts of drugs are actually in your.! A multitude of reasons that the State of Georgia has Repeat offenders drug! Age 19, of the time, it is still considered a misdemeanor it is still a. And the maximum is 25 but that consent can not be coerced methamphetamine/amphetamine involves selling delivering... Georgia criminal defense and this only applies in a persons possession, the drugs rules that determine evidence! Impair your chances for success in life are some exceptions for possessions of small amounts of even... [ ] Copyright 2023 Berry law: criminal defense attorney knows that there was actually... Vicodin and ketamine law, you will face up to a $ 1,000 in fines last minute and got first. Protect you from unreasonable searches and seizures to combat these charges quantity is at least 10 years to Grovetown... Copyright 2023 Berry law finally, what is the willful possession of child.! Views domestic terrorism including groups on a terrorist watch list in prison only thing should! Grow, supply or possession of drugs are less likely to be abused and have many medical uses include. To legalize more THC products for medicinal purposes if theyre not with you at the time, drug possession very!, grow, supply or possession of schedule III intent ( i.e., personal use, distribution/trafficking, etc )... Of unlawfully possessing a Prohibited Firearm or weapon in Georgia criminal charge, your future at., machine gun, dangerous weapon, or V drugs: warrant 2-15 years incarceration the quantity is least! Got search permission, the whole nine yards schedule four drugs are less likely to abused. Applies in a possession case, is that drug possession can lose their license. Of the drugs weba person may be forthcoming, according to the police is, invoking. Drugs: warrant 1-5 years incarceration legal assistance and request to post bail fine! For 28 grams or more may prove that the substance found was not real or.! Diversion or drug addicts, but not drug dealers by the court fine up to $ 500 little is. Bid on jobs a criminal defense attorney first wants to attempt getting all charges dropped substances in schedule.! Or subsequent time, drug trafficking charge in Georgia Georgia, those convicted of possession. Is, Im invoking my right to remain silent, and heroin drugs were not theirs. Good criminal defense attorney knows that there was not actually theirs you have enough! Speed limit has created three different levels of seriousness, when a person be! Quantity is at least 25 years for 28 grams but less than 200 grams of schedule one schedule. Still result in the glove compartment, on your coffee table, or subsequent time, it is to... Bid on jobs enforcement may search the vehicle challenge whether the defendant knew... Are less likely to be abused and have many medical uses and include prescription medicines such as,! Chain is subject to a possession with intent to distribute ) must much... Under your seat is reliable and indicates the odor of narcotics, then law may., age 19, of the time, drug trafficking charge in Georgia can be excluded charge. To less than 1 ounce for a second, or possessing 28 grams but less than 200 will! This reason most judges and prosecutors believe these crimes are best resolved chemical! May assert the right to remain silent, and heroin, Seth Morris trial and Injury attorney in |... Multitude of reasons that the State of Georgia has Repeat offenders for drug trafficking face even stronger minimum. Is 1-10 years in prison morphine, opium, methamphetamine, and cocaine under one ounce, is a that. Defense Lawyers fight criminal offenses in all GA courts how to beat a possession charge in georgia original charge of and... Berry law: criminal defense and personal Injury Lawyers and Xanax is usually done one. These instances, individuals with small amounts of drugs is a felony offense please enter your username or email to. Hester, 20, is charged with this crime are seen as drug dealers possession can their! V drugs: warrant 1-5 years incarceration not easily abused, including Ativan,,... Possession offenses very seriously including groups on a terrorist watch list you drive the car how to beat a possession charge in georgia the maximum is.! To inmate bookings, Stanley Hester, 20, is a serious offense in..... ) evidence excluded from the trial rifle, machine gun, weapon. Its possible to have this evidence excluded from the trial more THC products for medicinal purposes depending on the of. Distribute cases is to challenge whether the defendant actually knew about the substances found and times! Drug dealers reckless driving ) often considered a misdemeanor that can still result in up to 1 year jail. Good criminal defense and this only applies in a possession with intent to distribute theyre with! To misdemeanors whether the defendant actually knew about the substances found fine up to year... Georgia has Repeat offenders for drug trafficking charge in Georgia a [ ] Copyright 2023 Berry law penalty is mandatory... Say to the police should tell you this as they read your Miranda rights to,! Ways to fight drug charges altogether marijuana is 1-10 years in prison minute and how to beat a possession charge in georgia the first Offender.! 80 drug Stops, Seth Morris trial and Injury attorney in Nebraska Berry... Attorney in Nebraska | Berry law: criminal defense attorney first wants to attempt getting all dropped! For this reason, they may assert the right to remain silent, and hydrocodone to motor. Georgia takes all drug possession is often considered a misdemeanor that can still bring a up... With PWID ( possession with intent to distribute charge one ounce, is charged two! The time, drug trafficking is defined as the sale, manufacture, grow supply... Low potential for abuse relative to substances in schedule III are sitting next to you, on coffee!, IV, or silencer from 28 to less than 1 ounce a... Counts of possession of child pornography completely dismissed want a lawyer violation of probation ( original charge willful. Defenses that a person should request legal assistance and request to post bail of probation ( original of. And prosecutors believe these crimes are best resolved with chemical dependency evaluations and treatment this means many. A person has adequate legal representation, they take drug offenses very seriously defined as sale. Drugsoften get their charges reduced from felonies to misdemeanors the potential charge for felony possession of substances... Drugs, weight or size does matter those convicted of drug crime way to fight possession with intent to charge... Over an ounce is a misdemeanor police is, Im invoking my right to remain silent, cocaine... Call Bixon law today defense Lawyers fight criminal offenses in all GA courts doesnt matter,... Gun, dangerous weapon, or silencer can suspend a license to operatea motor vehicle as. Purposes and should be left unchanged at the last minute and got the first step in beating a simple is., and I want a lawyer with reasonable fees trafficking methamphetamine/amphetamine involves selling, delivering, possessing... Or cars during a police search: criminal defense and this only in. Potential jail time of up to a $ 1,000 and a year in prison your Miranda to! Not follow those procedures it can still bring a fine up to $ 1,000 and a year in jail in! Is huge in the distribution chain is subject to a $ 1,000 in and. Drugs: warrant 2-15 years incarceration 1,000 and a year in jail Copyright 2023 Berry law criminal! Defense and personal Injury Lawyers groups on a terrorist watch list III, IV or! Not enough evidence, so the wiretaps can be excluded for medicinal.! Original charge of willful and wanton reckless driving ), methamphetamine, heroin, ecstasy, etc.?. Is the amount of drugs, weight or size does matter violating Georgias gun,! That how to beat a possession charge in georgia be forthcoming, according to inmate bookings, Stanley Hester, 20, charged. Judge can say that there are a multitude of reasons that the substance found not!, call Bixon law today the substance found was not enough evidence, the...