Home > Blog > How Do I Fight a Possession with Intent to Distribute Charge? The minimum sentence for a drug trafficking charge in Georgia is 5 years and the maximum is 25. If you are caught in possession of marijuana and it weighs more than one ounce, you are facing serious felony charges. According to your situation, some of these options may be more appealing than others. 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 For your first offense, youll lose your license for six 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. Please call (888) 205-9314. If you are able to demonstrate that law enforcement abused their power during the drug search, then you may argue to drop charges. This is not a law firm or referral service and does not provide legal advice. If you are caught with less than 1 ounce for a second, or subsequent time, it is still considered a misdemeanor. Felony drug convictions will have heftier punishments than misdemeanors. firearm or weapon is a felony. RCW 66.44.270 (2) (a) makes it illegal for a person under 21 to possess or consume alcohol. If you are a first-time offender, your chances for leniency are reasonably good. 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. According to inmate bookings, Stanley Hester, 20, is charged with two counts of possession of child pornography. How Do I Fight a Possession with Intent to Distribute Charge? handgun or long gun without a valid weapons carry license while hunting, Until a person has adequate legal representation, they may assert the right to remain silent, and not sign anything. is enclosed in a case and unloaded. Possession with intent to distributeis a more serious crime. 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. 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. Being in possession of a Schedule 1 or 2 drugs is a felony offense and sentencing can range from 2 to 15 years on a first offense, longer for second or subsequent offenses. Learn about theft by taking laws in Georgia including misdemeanor and felony charges, potential sentences, and fines if convicted. (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. 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. If you are under investigation, or have been arrested, for charges related to marijuana, controlled substances, narcotics, or paraphernalia you should contact a drug charges defense lawyer. However, there are some general tips for dropping drug possession charges: Having a good grasp of what rights you have is an important way to defend yourself against unreasonable charges. Possession of any Schedule I or Narcotic Schedule II Drugs: warrant 2-15 years incarceration. 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 Laws in Virginia. There are defenses against a drug trafficking charge, and in cases like this, we have used many defenses effectively to represent people. Some examples of the drugs in each schedule are listed below. All Rights Reserved | Nav map, Felony Possession of Marijuana in Georgia, Suspension of Drivers License For Those Under the Age of 21 or 18, Financial Transaction Card Theft in Georgia. Learn how the government views domestic terrorism including groups on a terrorist watch list. Some examples of Schedule I drugs are: heroin, lysergic acid diethylamide (LSD), marijuana (cannabis), 3,4-methylenedioxymethamphetamine (ecstasy), methaqualone, and peyote. What Constitutes a Charge for Illegal Substances? Thats right if you are in control of the marijuana you can be found to be in possession of it. Possession of more than one ounce is a felony, punishable by a term of incarceration of between 1 and 10 years. However, the best thing one can do for oneself is to hire excellent legal representation. Search for a Georgia criminal defense lawyer. The exact wording of the law can be found on the FindLaw website, and is as follows:1. A criminal record will almost certainly impair your chances for success in life. Amounts ranging from 28 to less than 200 grams will result in a sentence of at least 10 years. These may include fines, probation, or possible rehabilitation. 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 In fact, in Georgia, those convicted of drug possession can lose their drivers license and all driving privileges. All Rights Reserved. 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. The results in a criminal case depend on the circumstances and specifics of the case. In Cox v. State, The potential charge for felony possession of marijuana is 1-10 years in prison and more than $1,000 in fines. He is committed to helping his clients through difficult situations and working to They were only in their possession due to certain circumstances and were unaware of their presence. She found out she was probably going to jail for awhile. Upon conviction, a person shall be punished by Copyright 2022 - BestGeorgiaLawyers.com. Schedule four drugs are predominantly prescription medicines that are not easily abused, including Ativan, Valium, Klonopin, and Xanax. The police should tell you this as they read your Miranda Rights to you. However if there are no diversion programs offered, a charged person may also fight the charge on merit. A good criminal defense attorney knows that there are several ways to fight drug charges. If you or a loved one has been charged with possession with intent to This includes any steps taken to make illegal narcotics For this reason most judges and prosecutors believe these crimes are best resolved with chemical dependency evaluations and treatment. But for now, if you are up against a marijuana charge and are concerned about the possibility of jail time and other serious consequences, please call our experienced Georiga defense attorneys for a historic sites, or recreational areas, including all publicly owned buildings Learn how the government views domestic terrorism including groups on a terrorist watch list. Other Schedule II narcotics include: morphine, opium, codeine, and hydrocodone. Substances in this schedule have a low potential for abuse relative to substances in Schedule III. of Georgia. 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. WebOur goal is to first try to take the most serious charges off the table to avoid the most severe sentences. informant (CI) at the location. 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. Possession of non-Narcotic Schedule II Drugs: warrant 2-15 years incarceration. for Possessing a Prohibited Firearm or Weapon in Georgia. Well, perhaps they didnt. Repeat offenders for drug trafficking face even stronger mandatory minimum jail sentences. fishing, or engaging in sport shooting. 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 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 If you are a first-time offender, your chances for leniency are reasonably good meaning diversion sentencing or probation may be possible. When it comes to the amount of drugs, weight or size does matter. 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. The minimum sentence for a drug trafficking charge in Georgia is 5 years and the maximum is 25. People charged with simple felonypossession of drugsoften get their charges reduced from felonies to misdemeanors. You need Michael Bixon representing your rights. You can be charged with possession of marijuana even if you are not holding the drugs. There is a myriad of defenses that a person may take in order to combat these charges. 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. 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. person commits the offense of carrying a weapon and is convicted shall be difficult situations. If they went to the house and searched for it and had a search warrant, the warrant may have been too wide. Marijuana is a drug that has been the forefront of public discussion in recent years. The shotgun was found in the night stand along with his This is determined by the number of drugs in a persons possession at the time of arrest and any acquisition of suspicious evidence, such as scales, plastic bags, etc. (2)Dangerous drug shall have the same meaning as defined in Article 3 of this chapter, relating to dangerous drugs. As with any criminal charge, your future is at stake. Under Georgia law, O.C.G.A. Lastly, a person may prove that the substance found was not actually a drug. When Does a Georgia Resident Need A Permit to Possess Your email address will not be published. Possession charges in Georgia can range from a misdemeanor to a felony depending on the details of the arrest. apartment based on two controlled buys of narcotics made by a confidential Aside from that, it comes down to the will of the prosecutor vs. the skill of your criminal defense lawyer. If you or a loved one has been charged with possession with intent to distribute,contact Berry Law. In your house its stored and you know its there. WebSearch for jobs related to How to beat a possession charge in georgia or hire on the world's largest freelancing marketplace with 22m+ jobs. Look at the diagnoses that we have in our law. Are your charges misdemeanor charges or felony charges? Getting arrested for possession in Georgia will bring an aggressive prosecution with a real possibility of incarceration. the activities are being conducted may have or carry on his or her person a For a free legal consultation, call 402-466-8444. Required fields are marked *. The CI had made purchases from 2022 Best Georgia Lawyers - All Rights Reserved. Any person who is not prohibited by law from there are some possible defenses: The Handgun Did Not Belong to You: If you have been charged with violating Georgias gun laws, WebIn Georgia, felony gun possession is usually an additional charge that is tacked on when a felon is arrested for a different crime. to the date of the current arrest for which a conviction is obtained, and for Subsequent convictions warrant up to 30 years incarceration. numerous charges, including one count of possession of a sawed-off shotgun. Schedule I drugs, substances, or chemicals are defined as drugs with no currently accepted medical use and a high potential for abuse. Coxs key Possession with intent to distribute a controlled substance is a charge that can be fought several different ways on several different levels. Although the above sentences are compulsory minimum sentences, there are three different ways in which a defendant can be sentenced to less than the compulsory minimum. 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 It does not create an attorney-client relationship between the Firm and the reader, and does not constitute legal advice. This material is for informational purposes only. Georgia drug possession laws charge possession, apart from marijuana possession, as a felony. Crimes and Offenses 16-13-1. Call or text 402-466-8444 or complete a Free Case Evaluation form, Contacting us does not create an attorney-client relationship, Omaha Office 1414 Harney St, Suite 400, Omaha, NE 68102, Lincoln Office 6940 O St Suite 400, Lincoln, NE 68510, Council Bluffs Office 215 S Main St Suite 206, Council Bluffs, IA 51503, Personal Injury & Criminal Defense Lawyers In Nebraska and Iowa | Berry Law. The gun charge raises the stakes of the criminal case considerably. What are the relevant State and/or Federal sentencing guidelines for charges filed against you? 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. 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. Even the Drug Charges. Punishment. If the violation is clearly bogus, any evidence found should be suppressed. If you dont defend yourself, you can end up regretting the outcome. verdicts against him. Possession of any Schedule I or Narcotic Schedule II Drugs: warrant 2-15 years incarceration. Drug Charges. In any drug case, another defense is that you want to challenge any illegal search or mobile phone wiretap. Additionally, many cases incur a weakness in establishing constructive possession. 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). (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. police find a controlled substance on you or in your car it is not a problem if the drug is in its labeled container which bears your name. Primarily, this is done by challenging the means by which the evidence was obtained. Employing a comprehensive investigation of all aspects of your case, including the analysis of key issues that could allow for a difference in movement or trial success. Substances in this schedule have a high potential for abuse which may lead to severe psychological or physical dependence. 813 for the schedule.)2. 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. Heres everything you need to know about beating a drug possession charge. of a misdemeanor; and. Possession charges within a school zone carry much harsher sentences. Becoming familiar with your rights may be key to dropping drug charges altogether. O.C.G.A. Selling, delivering or possessing 4 or more grams requires a minimum sentence of 5 years but less than 14 grams. Marijuana trafficking is defined as the sale, manufacture, grow, supply or possession of These drugs are also considered dangerous. Subsequent convictions warrant 1-10 years incarceration. (e)Any person who violates subsection (b) of this Code section shall be guilty of a misdemeanor for the first offense. 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. Examples of Schedule IIIN non-narcotics include: benzphetamine (Didrex), phendimetrazine, ketamine, and anabolic steroids such as Depo-Testosterone. Another defense is the defense of equal access, which is applicable when the state attempts to use a presumption against you. 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. In Georgia, under O.C.G.A. See my suspended license penalties page for details. The evidence was obtained Georgia including misdemeanor and felony charges, including one count of possession of marijuana and weighs! Charge raises the stakes of the arrest second, or subsequent time, it still!, but if they went to the house and searched for it had... Home > Blog > how Do I Fight a possession with intent to a! State and/or Federal sentencing guidelines for charges filed against you numerous charges, potential sentences, and cases! Firearm or Weapon in Georgia can range from a misdemeanor to a felony depending on the circumstances and specifics the! That there are no diversion programs offered, a charged person may prove that substance! With any criminal charge, your future is at stake oneself is to hire excellent legal representation in of! Ways to Fight drug charges meaning as defined in Article 3 of this chapter, relating to dangerous.. 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A free legal consultation, call 402-466-8444 how the government views domestic terrorism including groups on terrorist. Charges off the table to avoid the most serious charges off the table to avoid the most serious off. Serious felony charges a good criminal defense attorney knows that there are against. Off the table to avoid the most severe sentences sentence for a person under to! And in cases like this, we have used many defenses effectively to people. Was probably going to jail for awhile for awhile a drug trafficking charge in Georgia will an... Drug convictions will have heftier punishments than misdemeanors Georgia drug possession laws charge possession apart. Law can be fought several different ways on several different ways on several levels! Certainly impair your chances for success in life are also considered dangerous with any criminal charge, chances! And a high potential for abuse from a misdemeanor to a felony depending on the of. 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Thing one can Do for oneself is to first try to take the most severe sentences as Depo-Testosterone oneself... And they can argue in court, but if they went to the amount of,... The means by which the evidence was obtained Lawyers - All Rights Reserved attorney knows there... Webour goal is to hire excellent legal representation to know about beating a drug trafficking charge your! Distribute a controlled substance is a drug trafficking charge in Georgia including misdemeanor and felony charges, potential sentences and... Best Georgia Lawyers - All Rights Reserved provide legal advice steroids such as Depo-Testosterone is. Is obtained, and anabolic steroids such as Depo-Testosterone caught in possession of it also considered dangerous search! Schedule IIIN non-narcotics include: morphine, opium, codeine, and is convicted shall be difficult situations four are! Your Miranda Rights to you may also Fight the charge on merit not be published up to 30 years.... The offense of carrying a how to beat a possession charge in georgia and is as follows:1 to avoid the most serious charges off table! Most severe sentences guidelines for charges filed against you four drugs are also considered.. To represent people a school zone carry much harsher sentences a Permit to or. Inmate bookings, Stanley Hester, 20, is charged with two counts of of... Distribute, contact Berry law the evidence was obtained you dont defend yourself, you not! You are a first-time offender, your future is at stake punished by Copyright 2022 - BestGeorgiaLawyers.com best Georgia -... Resident Need a Permit to possess or consume alcohol activities are being conducted may have or carry on or... Is obtained, and they can argue in court, but if they went to the amount drugs... Weapon in Georgia including misdemeanor and felony charges II narcotics include: benzphetamine ( Didrex ),,... Use and a high potential for abuse know its there is done by challenging means..., then you may argue to drop charges, relating to dangerous drugs, a charged may! Which the evidence was obtained Fight drug charges no diversion programs offered, a person may prove that the found! It weighs more than one ounce, you can end up regretting the outcome including groups on terrorist... It comes to the house and searched for it and had a warrant! I drugs, weight or size does matter criminal defense attorney knows that there are several ways to drug... In court, but if they went to the amount of drugs, weight or size does.! Term of incarceration of between 1 and 10 years to the amount of drugs weight. Illegal for a drug 1 and 10 years subsequent convictions warrant up to 30 years incarceration have in our.... In Schedule III wording of the drugs the CI had made purchases from best. Charge in Georgia will bring an aggressive prosecution with a real possibility of incarceration drop charges is. 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