The only difference is that a minimum sentence of 10 years is required to manufacture any amount below 200 grams. located in such parks, historic sites, and recreational areas, in wildlife We represent clients in Atlanta and throughout the state Mere presence alone is not enough. evidence showed that on July 29, 2006, officers executed a warrant at an 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. First, if the defendant provides substantial assistance in identifying, arresting or convicting any other individuals involved in the drug operation, the District Attorney may file a motion requesting the sentencing court to reduce or suspend a sentence. 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. know. If you or a loved one has been charged with possession with intent to There are a number of ways that this may be possible such as proving an illegal traffic stop or other flaws in police work. Yes. Possession charges within a school zone carry much harsher sentences. For these reasons, you cant afford to fool around with a marijuana possession charge in Georgia. The 20-year-old is charged with two counts of possession of child pornography. 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. any subsequent offense, he or she shall be guilty of a felony and, upon We're here for you 24/7. Criminal defense attorneys will challenge the validity of the search. 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. Examples of Schedule III narcotics include: products containing not more than 90 milligrams of codeine per dosage unit (Tylenol with Codeine), and buprenorphine (Suboxone). 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. See my suspended license penalties page for details. 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). 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. If you or a loved one has been charged with possession with intent to distribute,contact Berry Law. Greater amounts trigger a minimum sentence of 25 years. 1308.11 through 1308.15. In Nebraska, simple possession of methamphetamine or cocaine is a felony charge carrying a term of zero to two years in prison, while possession with intent to distributemethamphetamineandcocainestarts off with a sentence of at least one to 50 years. measured from the dates of previous arrests for which convictions were obtained For the purposes of this Code section, the term controlled substance shall include marijuana as defined by paragraph (16) of Code Section 16-13-21 . 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 Once these are completed or satisfied, obligations or charges may be dropped and no conviction is recorded on the individuals record. She found out she was probably going to jail for awhile. 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. In any drug case, another defense is that you want to challenge any illegal search or mobile phone wiretap. 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 Becoming familiar with your rights may be key to dropping drug charges altogether. If you have a controlled substance on you or in your car and it is not in its properly labeled People charged with simple felonypossession of drugsoften get their charges reduced from felonies to misdemeanors. penalties for violating Georgias gun laws. Berry Law recently won a possession with intent to distribute methamphetamine case in which a young man did not know he was traveling with a drug dealer. The 20-year-old is charged with two counts of possession of child pornography. You need Michael Bixon representing your rights. I definitely recommend shopping around for a lawyer with reasonable fees. This is a free matching service only, claim reviews will be performed by a third party attorney. THIS IS AN ADVERTISEMENT. Prosecution has to prove that you were knowingly in possession of marijuana to convict you of the marijuana charge. Prosecutors have a lot of discretion in determining whether someone should be charged with simple possession of a controlled substance or possession with intent to distribute. 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 to the date of the current arrest for which a conviction is obtained, and for 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. What are the recorded type(s) and quantity of illegal substances? Capital Punishment Death Penalty in Georgia. Schedule II drugs, substances, or chemicals are defined as drugs with a high potential for abuse, with use potentially leading to severe psychological or physical dependence. verdicts against him. If the violation is clearly bogus, any evidence found should be suppressed. A good criminal defense attorney knows that there are several ways to fight drug charges. WebBy successfully completing the terms and requirements of the diversion program, the marijuana possession charges may be dismissed. If the drug dog is reliable and indicates the odor of narcotics, then law enforcement may search the vehicle. ring had a key to the apartment as well as a key to the vehicle he drove to the Legal advice must be tailored to the specific circumstances of each case, and the contents of this page is not a substitute for legal counsel. Possession with intent to distribute a controlled substance is a charge that can be fought several different ways on several different levels. 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. Louisiana Revised Statutes Section 40:961 defines drug manufacturing as the production, preparation, propagation, compounding, or processing of a controlled dangerous substance. 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. for Possessing a Prohibited Firearm or Weapon in Georgia. Contact our attorneys for a free legal case evaluation on any criminal charge by calling: Copyright 2023 Get Lawyer Leads, Inc. These may include fines, probation, or possible rehabilitation. Aside from that, it comes down to the will of the prosecutor vs. the skill of your criminal defense lawyer. Additional charges may be forthcoming, according to the Grovetown Police Department. Namely, it is important to understand your Fourth Amendment rights and how they protect you from unreasonable searches and seizures. 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. 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). The state has to show either one or the other. 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. It is important to identify that there is a differing severity of drug charges depending on the type of drug that one is accused of possessing. Ask our criminal attorneys about how to win a possession of marijuana criminal case, and the Police later received a call from the drug dealer attempting to set up another deal and police promptly arrested both her and the passenger. For two reasons, its possible to have this evidence excluded from the trial. Persons charged with this crime are seen as drug dealers by the court. The term edibles, relative to legality, This specifically includes, but is not limited to, anything you can eat that contains THC (food, gummies, etc.). 16-11-126(g), any This criminal charge is commonly referred to as Minor in Possession or MIP. Marijuana trafficking is defined as the sale, manufacture, grow, supply or possession of more than 10 pounds of marijuana. Schedule III drugs abuse potential is less than Schedule I and Schedule II drugs but more than Schedule IV. of Georgia. 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. 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. 16-11-123, a person Any person with a valid hunting or fishing A person commits the crime of trafficking for morphine or opium (including heroin) when he or she owns 4 grams or more. However if there are no diversion programs offered, a charged person may also fight the charge on merit. If this is a first misdemeanor marijuana possession, we can fight for a conditional discharge, or diversion. against you reduced. The minimum sentence for a drug trafficking charge in Georgia is 5 years and the maximum is 25. Possession of any Schedule I or Narcotic Schedule II Drugs: warrant 2-15 years incarceration. Here at Designed by MatchThemes, Determining Child Custody in Georgia Divorces, Controlled Substance Laws in Georgia 2023. 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