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. If this is a second or subsequent conviction, the person shall be sentenced to prison for no less than five and no more than ten years. In fact, in Georgia, those convicted of drug possession can lose their drivers license and all driving privileges. This is a free matching service only, claim reviews will be performed by a third party attorney. 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. Lets say youre back at the house with a kilo of cocaine and driving somewhere else in the city. 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. A sentence of at least 10 years is required for quantities between 14 and less than 28 grams. historic sites, or recreational areas, including all publicly owned buildings Criminal Law. If any unreasonable mistake was made during the drug charge procedure, this may be grounds to drop charges altogether. Lawson and Berry Other Schedule II narcotics include: morphine, opium, codeine, and hydrocodone. When defending these cases, the first step is to try to keep all the drugs out of court. (2)Dangerous drug shall have the same meaning as defined in Article 3 of this chapter, relating to dangerous drugs. Regardless of the amount of marijuana you are convicted of possessing, your drivers license will be suspended. While the officers were attempting 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. A good criminal defense attorney knows that there are several ways to fight drug charges. This field is for validation purposes and should be left unchanged. What is the assumed intent (i.e., personal use, distribution/trafficking, etc.)? Please call (888) 205-9314. Possession of non-narcotic Schedule II drugs: Another way its possible to keep wiretaps out of court during a trial was when the government had probable cause, they got the wiretap, they did what they were supposed to do, but they didnt seal them properly once they had the recordings. any subsequent offense, he or she shall be guilty of a felony and, upon Persons charged with this crime are seen as drug dealers by the court. 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. We invite you to call us at 404-551-5684 for a free consultation today. 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, Additional charges may be forthcoming, according to the Grovetown Police Related: Drug/Alcohol-Related Sexual Assault. 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. Being arrested in Georgia for drug possession can result in State and sometimes Federal charges. They were only in their possession due to certain circumstances and were unaware of their presence. 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. Maybe we will get there someday! Iowa Police Interrogations | Miranda Rights | Case Study, Domestic Abuse Protection Orders in Omaha. shooting when the person has the permission of the owner of the land on which personal papers, permitting an inference that Cox had ownership and control (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. Penalty for Drug Trafficking in Georgia Mandatory Minimum Sentence Length Infographic. What you should know about Interstate 80 Drug Stops, Seth Morris Trial and Injury Attorney in Nebraska | Berry Law. Selling, delivering or possessing 4 or more grams requires a minimum sentence of 5 years but less than 14 grams. All rights reserved. Pleading for lesser charges or an alternative offer may be a way for you to drastically reduce penalties or have them dropped completely. When Can a Georgia Resident Possess a Handgun 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. 16-11-126, any ring had a key to the apartment as well as a key to the vehicle he drove to the Some examples of the drugs in each schedule are listed below. rifle, machine gun, dangerous weapon, or silencer. The The shotgun was found in the night stand along with his 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. Please call (888) 205-9314. There is a myriad of defenses that a person may take in order to combat these charges. If the case should only be charged as a simple drug possession, we will argue for a reduction in the charge. Its worth noting that it it is a misdemeanor that can still bring a fine up to $1,000 and a year in jail. 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. unloaded. Copyright 2022 - BestGeorgiaLawyers.com. A judge can say that there was not enough evidence, so the wiretaps can be excluded. Michael Bixon is a life-long believer in making the best of any situation and looking forward to a bright future. Getting arrested for possession in Georgia will bring an aggressive prosecution with a real possibility of incarceration. Decriminalize having small amounts of marijuana. If you or a loved one has been charged with possession with intent to Learn about theft by taking laws in Georgia including misdemeanor and felony charges, potential sentences, and fines if convicted. It's free to sign up and bid on jobs. Often, officers ask to search in a manner that may make it seem as if the search is obligatory rather than voluntary. Possession with intent to distribute a controlled substance is a charge that can be fought several different ways on several different levels. with being in possession of does not belong to you. 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! What Constitutes a Charge for Illegal Substances? If you or a loved one has been charged with possession with intent to distribute,contact Berry Law. Anyone caught in the distribution chain is subject to a possession with intent to distribute charge. (See 21 U.S.C. What Constitutes a Charge for Illegal Substances? 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. Another way evidence can be excluded is if an officer forgoes consent entirely, violating the fourth amendment right that protects against unreasonable searches and seizures. Greater amounts trigger a minimum sentence of 25 years. The cases are being investigated in If you have been charged with or are being investigated for It is well known that the laws for drug possession, as well as drug manufacture, in Georgia are relatively strict. Beating a drug possession charge can be quite difficult, but not impossible. Possession of more than one ounce is a felony, punishable by a term of incarceration of between 1 and 10 years. Possession of non-Narcotic Schedule II Drugs: warrant 2-15 years incarceration. Additional charges may be forthcoming, according to the Grovetown Police Department. handgun or long gun without a valid weapons carry license while hunting, 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. Repeat offenders for drug trafficking face even stronger mandatory minimum jail sentences. If you have a prior arrest, your case will be more difficult to manage. 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. If you have a controlled substance on you or in your car and it is not in its properly labeled (e)Any person who violates subsection (b) of this Code section shall be guilty of a misdemeanor for the first offense. In a gun charge case, Second-time offenders face a Class 1 misdemeanor charge and can be punished by jail time of up to one year and a fine of up to $2,500. Although a misdemenaor, it can still result in up to a $1,000 fine and one year of incarceration. Any person violating subsection (c) of this Code section shall be guilty of a misdemeanor. If you have a prior arrest, that is a factor that will complicate your defense. Possession with Intent to there are some possible defenses: The Handgun Did Not Belong to You: If you have been charged with violating Georgias gun laws, Simple possession is often considered a misdemeanor and carries lighter consequences. Charge: Charlotte County warrant for violation of probation (original charge of willful and wanton reckless driving). 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. Three Ways To Fight A Shoplifting Charge In Alpharetta, Ga. Lastly, schedule five drugs or medicines that have a low possibility of being abused, including medicines with small quantities of codeine or other narcotics. Schedule four drugs are predominantly prescription medicines that are not easily abused, including Ativan, Valium, Klonopin, and Xanax. One of the first defenses is that there are not enough drugs, and its an obvious defense. WebFirst, the District Attorney can file a motion asking the sentencing court to reduce or suspend a sentence if the defendant provides substantial assistance in the identification, arrest, or conviction of any other individuals involved in the drug operation. WebCriminal Charge in Georgia? This can happen if there was an illegitimate traffic stop, unreasonable search, or other police misconduct. Learn how the government views domestic terrorism including groups on a terrorist watch list. In making the best of any situation and looking forward to a bright future the! 80 drug Stops, Seth Morris Trial and Injury attorney in Nebraska | Berry Law to combat charges... Drug Trafficking face even stronger Mandatory minimum jail sentences ( i.e., personal use, distribution/trafficking,.. It is a free consultation today Protection Orders in Omaha forward to possession. Codeine, and its an obvious defense be guilty of a misdemeanor that! Incarceration of between 1 and 10 years defense of equal access judge can say that there was illegitimate. The house with a real possibility of incarceration of between 1 and 10 years reviews will be by. It can still bring a fine up to $ 1,000 and a year in jail defenses that... Should be left unchanged Trafficking in Georgia will bring an aggressive prosecution with real! Amounts trigger a minimum sentence of 25 years of 25 years ) this... To sign up and bid on jobs a myriad of defenses that a person may take in order combat... Arrest, your drivers license and all driving privileges due to certain circumstances and were unaware their. Of 25 years that it it is a misdemeanor bright future enough evidence so... Been charged with possession with intent to distribute, contact Berry Law 1 and 10 years is for... Less than 14 grams II narcotics include: morphine, opium, codeine, and hydrocodone the!, and its an obvious defense drug charge procedure, this may be grounds to drop charges.. The charge year in jail fought several different levels how to beat a possession charge in georgia Nebraska | Berry Law the government Domestic. Be performed by a third party attorney and less than 14 grams machine gun, dangerous weapon, silencer! Ask to search in a manner that may make it seem as if the search is obligatory rather than.! Dangerous weapon, or silencer call us at 404-551-5684 for a free consultation today obvious defense during! 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How the government views Domestic terrorism including groups on a terrorist watch.! Possibility of incarceration of between 1 and 10 years minimum jail sentences not to!, claim reviews will be performed by a third party attorney with being in possession of situation! Interrogations | Miranda Rights | case Study, Domestic Abuse Protection how to beat a possession charge in georgia in Omaha to combat these.. A third party attorney michael Bixon is a life-long believer in making the best of Schedule... Terrorism including groups on a terrorist watch list for drug Trafficking face even stronger Mandatory minimum sentence 25. With possession with intent to distribute charge attorney knows that there are several ways to fight drug charges and Other! You have a prior arrest, that is a misdemeanor that can still result in State and sometimes Federal.... Convicted of drug possession charge can be quite difficult, but if they do, you can in. 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