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). appeal, he argued that there was insufficient evidence to support the guilty Without a Permit? The State of Georgia is slowly advancing legislation to legalize more THC products for medicinal purposes. However, possession with the intent to distribute carries heavier charges, with fines ranging up to $100,000 and possible incarceration for up to 10 years. Again, the sentencing court may use its discretion to depart from a mandatory sentence if the defendant was not a leader in the drug operation if the defendant did not have a weapon if the criminal behavior did not result in death or serious physical injury, if the defendant had no prior offense and if the defendant did not apply the mandatory minimum sentence lastly. Georgia criminal defense lawyer who will defend your legal rights and 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 What this means is the judge will order you to carry out a probation term. If the case should only be charged as a simple drug possession, we will argue for a reduction in the charge. Save my name, email, and website in this browser for the next time I comment. rifle, machine gun, dangerous weapon, or silencer. If you are caught with less than 1 ounce for a second, or subsequent time, it is still considered a misdemeanor. Illegal possession generally comes down to having physical possession or control of the substance (i.e., in side of your vehicle) without permission or legal reason to have it. These include marijuana, LSD, GHB, and heroin. A judge can say that there was not enough evidence, so the wiretaps can be excluded. 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. You need an experienced This could be in the glove compartment, on your coffee table, or under your seat. What are Drug Schedules? If you are caught in possession of marijuana and it weighs more than one ounce, you are facing serious felony charges. were found in the apartment, and the fact that he had a key to the apartment Prosecution has to prove that you were knowingly in possession of marijuana to convict you of the marijuana charge. imprisonment for a period of five years. You need to hire a criminal defense attorney as soon as possible and be totally honest with them. 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. possessing a handgun or long gun may have or carry any handgun provided that it 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.. Possible Defenses to a Gun The results in a criminal case depend on the circumstances and specifics of the case. A minimum sentence of 7 years is required for an amount between 2,000 but less than 10,000 pounds. While the officers were attempting Additional charges may be forthcoming, according to the Grovetown Police Department. If you or a loved one has been charged with possession with intent to distribute,contact Berry Law. In other words, the person who is accused of producing drugs must have physically handled them. 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. 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. Although a misdemenaor, it can still result in up to a $1,000 fine and one year of incarceration. Other Schedule II substances include: amobarbital, glutethimide, and pentobarbital. Depending on the weight of the narcotics, the charge could result in a prison sentence as high as 20 to life. Primarily, this is done by challenging the means by which the evidence was obtained. against you reduced. punished as follows: What Firearms and Weapons are Prohibited in the 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. Examples of Schedule III narcotics include: products containing not more than 90 milligrams of codeine per dosage unit (Tylenol with Codeine), and buprenorphine (Suboxone). Drug possession is the willful possession of illegal substances, such as marijuana, cocaine, methamphetamine, heroin, ecstasy, etc. Possession of marijuana as part of selling, distribution or trafficking will bring felony charges. Its uncommon to see a drug case in which there wasnt a search that was challenged. What is the Difference Between OWI and DUI? Courts have rules that determine what evidence can be admitted at trial. This is not uncommon in possession with intent to distribute cases. Joseph Carter, age 19, of The Rock, GA, was arrested and charged with six counts of sexual And many times, this will result in the charges being completely dismissed. My minor drug possession arrest cost me nearly $5000. Furthermore, the larger the quantity of illegal drugs, the more likely it is that the criminal defendant will face federal charges. 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. Copyright 2018, Loren . With adequate time to intervene and prepare, and a good command of the facts, they can mitigate the severity of consequnces. Chedrick Chaney, but Cox was at the apartment during one of the buys. Any person who is not prohibited by law from The 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. For instance, say they were using a stingray phone tracker to intercept your cellphones information (11AliveandACLUreported Metro Atlanta Police and other local police have a lot of cell site simulators). 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. The minimum sentence is 15 years for 10,000 pounds or more. 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 The Georgia laws on controlled substances can be found in Georgia Code Title 16. have or carry on his or her person a weapon or long gun on his or her property 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. (See 21 U.S.C. commits the offense of unlawful possession of firearms or weapons when he or (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. for Possessing a Prohibited Firearm or Weapon in Georgia. 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. The cases are being investigated in If you have been charged with or are being investigated for For the second offense within five years, as Thats right if you are in control of the marijuana you can be found to be in possession of it. Possession of any Schedule I or Narcotic Schedule II Drugs: warrant 2-15 years incarceration. How to Beat a Possession Charge in Georgia The results in a criminal case depend on the circumstances and specifics of the case. Those who are charged with drug possession are first apprehended by law enforcement. 16-11-126, when a Any arrest related to possession of illegal substances could possibly bring State and Federal charges. The statute on a wiretap is very specific about what law enforcement should do once they have these records. An ad blocker has likely prevented this video content from loading. A sentence of at least 10 years is required for quantities between 14 and less than 28 grams. Bond: none. 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. Repeat offenders for drug trafficking face even stronger mandatory minimum jail sentences. If you have a prior arrest, that is a factor that will complicate your defense. If you do, we'll connect you to a qualified lawyer today. Upon conviction, a person shall be punished by (2)Dangerous drug shall have the same meaning as defined in Article 3 of this chapter, relating to dangerous drugs. First offense convictions carry potential jail time of up to 30 days and fines of up to $500. 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. Are your charges misdemeanor charges or felony charges? Under Georgia law, O.C.G.A. If they do not follow those procedures it can sometimes be dismissed. management areas, and on public transportation; provided, however, that a Schedule two drugs do possess some medical uses and include prescription medicines such as oxycodone, morphine, opium, methamphetamine, and cocaine. Any arrest for possession is going to establish a negative record. person who is not prohibited by law from possessing a handgun or long gun may gun without a valid weapons carry license, provided that if the long gun is Drug trafficking charges in Georgia are based on accusations that a person possesses, sells, distributes or produces a large number of illegal drugs. Related: Drug/Alcohol-Related Sexual Assault. For your first offense, youll lose your license for six Ask our criminal attorneys about how to win a possession of marijuana criminal case, and the weapons carry license. 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. person commits the offense of carrying a weapon and is convicted shall be (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. In reality, most of the time, drug possession on its own is a felony offense. 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. 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. Beating a drug possession charge can be quite difficult, but not impossible. Crimes and Offenses 16-13-1. The penalty is a mandatory minimum sentence of 10 years if the quantity is at least 28 grams but less than 200 grams. What Constitutes a Charge for Illegal Substances? Per the website operated by the Drug enforcement Agency (DEA), Drug Schedules. There are defenses against a drug trafficking charge, and in cases like this, we have used many defenses effectively to represent people. In Georgia, arrests for illegal drug possession are prosecuted as felony crimes. 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. Aside from that, it comes down to the will of the prosecutor vs. the skill of your criminal defense lawyer. Some examples of Schedule II drugs are: combination products with less than 15 milligrams of hydrocodone per dosage unit (Vicodin), cocaine, methamphetamine, methadone, hydromorphone (Dilaudid), meperidine (Demerol), oxycodone (OxyContin), fentanyl, Dexedrine, Adderall, and Ritalin, Schedule III drugs, substances, or chemicals are defined as drugs with a moderate to low potential for physical and psychological dependence. Sickle cell anemia? Your email address will not be published. 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. Prohibited Weapon: A possible defense against a charge of being in In addition to drug classifications, a person may face additional charges due to aggravated circumstances in which the drug possession occurred. 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. Additional charges may be forthcoming, according to the Grovetown Police Schedule I drugs, substances, or chemicals are defined as drugs with no currently accepted medical use and a high potential for abuse. WebPossession for Personal Use. Iowa Police Interrogations | Miranda Rights | Case Study, Domestic Abuse Protection Orders in Omaha. Since 2016, 12 cities or counties in Georgia have passed local laws reducing the penalty for possession of an ounce or less of marijuana. Additionally, the fact that Coxs personal papers 2022 Best Georgia Lawyers - All Rights Reserved. Any person who is not prohibited by law from 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. They say theyve got consent, theyve got search permission, the whole nine yards. A criminal defense attorney first wants to attempt getting all charges dropped. Call us to talk about your case today. one possible defense is to provide evidence that the weapon you are charged Georgia law enforcement knows this means that many drugs flow through their state. Under Georgia law, O.C.G.A. Such reduced penalties could be reduced fines, shorter jail sentences, or going to rehab instead of jail. 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. Lastly, schedule five drugs or medicines that have a low possibility of being abused, including medicines with small quantities of codeine or other narcotics. Next, a person should request legal assistance and request to post bail. Now its wiretapping all the time in drug cases these days. she knowingly has in his or her possession any sawed-off shotgun, sawed-off pharmaceutical container you are in trouble. 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 a first conviction, a person faces a maximum of 1 year in jail. The police should tell you this as they read your Miranda Rights to you. Bixon Law, well assist you in strategizing the best possible defense in your Getting arrested for possession in Georgia will bring an aggressive prosecution with a real possibility of incarceration. They will be unable to use that evidence. If youre facing drug possession charges and need a lawyer, get your free consultation with a Her Lawyer attorney today. The federal government has established a Drug Schedule which classifies pharmaceuticals and narcotics known to be abused. located in such parks, historic sites, and recreational areas, in wildlife 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. possessing a handgun or long gun may have or carry on his or her person a long 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. After your arrest, you have the right to remain silent and to get a lawyer. a Handgun? The government must show certain elements of the offense to accuse drug trafficking in court. A person commits the crime of trafficking for morphine or opium (including heroin) when he or she owns 4 grams or more. (e)Any person who violates subsection (b) of this Code section shall be guilty of a misdemeanor for the first offense. What are the relevant State and/or Federal sentencing guidelines for charges filed against you? 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. Drug trafficking charges in Georgia are based on accusations that a person possesses, sells, distributes, or produces a large number of illegal drugs. If you have cocaine or methamphetaminein Georgia, if it is 28 grams or greater, it is a case of drug trafficking. 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. 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. Need a criminal defense lawyer? 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). 16-13-30(j) and 16-13-31(c). These elements must be proved beyond a reasonable doubt. A sum exceeding 10 pounds but less than 2,000 pounds requires a sentence of at least 5 years. Anyone arrested on drug charges could face both State and Federal charges. Look at the diagnoses that we have in our law. Going to establish a negative record time of up to a $ 1,000 and. 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