Regardless of the amount of marijuana you are convicted of possessing, your drivers license will be suspended. Save my name, email, and website in this browser for the next time I comment. This includes those who manufacture, transport, deliver, and sell to the end user. Drugs, substances, and certain chemicals used to make drugs are classified into five (5) distinct categories or schedules depending upon the drugs acceptable medical use and the drugs abuse or dependency potential.1, The U.S. Department of Justice, specifically the DEA, offers the following information regarding Controlled Substance Schedules:2. Prosecution has to prove that you were knowingly in possession of marijuana to convict you of the marijuana charge. She found out she was probably going to jail for awhile. Before delving into possible defenses, one of the first courses of action a person should take is to study which kind of jurisdiction their charges will be filed through. Upon conviction, a person shall be punished by appeal, he argued that there was insufficient evidence to support the guilty A good criminal defense attorney knows that there are several ways to fightdrug charges. What is the assumed intent (i.e., personal use, distribution/trafficking, etc.)? weapons carry license. 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. Subsequent convictions warrant up to 30 years incarceration. If you are able to demonstrate that law enforcement abused their power during the drug search, then you may argue to drop charges. But even if theyre not with you at the time, you can also possess drugs. If this is the case, then that person should challenge the lab report verifying the drug evidence that was found was indeed substantial. Subsequent convictions are punishable with up to 30 years in prison. possessing a handgun or long gun may have or carry on his or her person a long If any unreasonable mistake was made during the drug charge procedure, this may be grounds to drop charges altogether. In Georgia, ingestible products with any measurable level of THC oil are illegal. 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. Law enforcement is vigilant in Potential Sentence If this is your first Getting arrested for possession in Georgia will bring an aggressive prosecution with a real possibility of incarceration. WebSchedule one drugs are considered easy to abuse, do not have medical uses, and carry the greatest danger. WebWeb possession of marijuana is one of the most common criminal charges in the savannah area. What Constitutes a Charge for Illegal Substances? (a)As used in this Code section, the term: (1)Controlled substance shall have the same meaning as defined in Article 2 of this chapter, relating to controlled substances. 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. informant (CI) at the location. This is often classified through varying drug classifications: Schedule one drugs are considered easy to abuse, do not have medical uses, and carry the greatest danger. It is well known that the laws for drug possession, as well as drug manufacture, in Georgia are relatively strict. 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. The first element is that the government must demonstrate that the person knowingly sold, delivered, produced, or possessed a certain amount of drugs. We're here for you 24/7. I learned the hard way that only certain counties in Georgia go easy on possession of small amount of pot. SAVANNAH, GA: At least seven defendants face federal charges including those for illegally possessing firearms after separate indictments by a U.S. District Court grand jury in the Southern District of Georgia, while recent court action against others includes guilty pleas and criminal sentences. Examples of Schedule IIN stimulants include: amphetamine (Dexedrine, Adderall), methamphetamine (Desoxyn), and methylphenidate (Ritalin). Possession of marijuana with intent to distribute, or sale, delivery or distribution, depending on the quantity of marijuana, is a felony punishable by a term of incarceration of between one and 30 years, and fines between $100,000 and $1,000,000. Charge in Georgia. The Any arrest related to possession of illegal substances could possibly bring State and Federal charges. Web5 Ways To Beat A Drug Possession Charge! vigorously advocate on your behalf to have your case dismissed or the charges 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 All rights reserved. Depending on the circumstances of your arrest, and the attitude of the prosecutors office, things could get ramped-up and aggressively pursued in a trial. What are Drug Schedules? Substances in this schedule have a high potential for abuse which may lead to severe psychological or physical dependence. have or carry on his or her person a weapon or long gun on his or her property Anybody with a drug charge in Georgia needs to take it seriously and hire a good lawyer. When defending these cases, the first step is to try to keep all the drugs out of court. 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 may not have been enough likely cause to support the warrant. 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. Contact our attorneys for a free legal case evaluation on any criminal charge by calling: Copyright 2023 Get Lawyer Leads, Inc. Amounts ranging from 28 to less than 200 grams will result in a sentence of at least 10 years. What are the recorded type(s) and quantity of illegal substances? Any arrest for possession is going to establish a negative record. Copyright Bixon Law, LLC 2022. It's free to sign up and bid on jobs. more than five years. 16-11-126(g), any Felony drug convictions will have heftier punishments than misdemeanors. there are some possible defenses: The Handgun Did Not Belong to You: If you have been charged with violating Georgias gun laws, WebFelony possession of Marijuana (more than one ounce) If you are caught in possession of marijuana and it weighs more than one ounce, you are facing serious felony charges. You need Michael Bixon representing your rights. Criminal Charge in Georgia? Possession of Schedule III, IV, or V Drugs: warrant 1-5 years incarceration. In the state of Georgia, possessing a prohibited the activities are being conducted may have or carry on his or her person a This can happen if there was an illegitimate traffic stop, unreasonable search, or other police misconduct. evidence showed that on July 29, 2006, officers executed a warrant at an If you have been charged with or are being investigated for 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. These may include: Possession of schedule one and schedule two drugs often face felony charges. 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. 1308.11 through 1308.15. Penalties are as follows: Possession of any Schedule I or narcotic Schedule II drugs: punishable with 2-15 years in prison. These include marijuana, LSD, GHB, and heroin. 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. You need Michael Bixon representing your rights. We represent clients in Atlanta and throughout the state Georgia is the gateway between Florida and the entire East coast. Examples of Schedule III narcotics include: products containing not more than 90 milligrams of codeine per dosage unit (Tylenol with Codeine), and buprenorphine (Suboxone). The potential charge for felony possession of marijuana is 1-10 years in prison and more than $1,000 in fines. Are your charges misdemeanor charges or felony charges? license to carry a handgun, where a person can carry a handgun and the Anyone caught in the distribution chain is subject to a possession with intent to distribute charge. Other Schedule II narcotics include: morphine, opium, codeine, and hydrocodone. Repeat offenders for drug trafficking face even stronger mandatory minimum jail sentences. This means that if the drugs are within your reach and a reasonable person would believe you had knowledge of it, you possess it. Finally, what is the amount of drugs necessary to qualify for an intent to distribute charge? In the night stand beside the bed, the officers discovered a shotgun Penalty The State Cannot Prove the You Knowingly Possessed a Prohibited Weapon: A possible defense against a charge of being in possession of a prohibited The term edibles, relative to legality, This specifically includes, but is not limited to, anything you can eat that contains THC (food, gummies, etc.). Examine the infographic at the top or consider the following, cocaine trafficking is defined as the sale, manufacture, delivery, or knowledgeable possession of 28 grams or more of cocaine. Georgia drug possession laws charge possession, apart from marijuana possession, as a felony. Its really within reach of your arms, no question. 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. For a first conviction, a person faces a maximum of 1 year in jail. What is a controlled substance? 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. If, during a search, Chedrick Chaney, but Cox was at the apartment during one of the buys. hunting or fishing license, who is engaged in legal hunting, fishing, or sport There are two basic elements in the case of drug trafficking. The University of Nebraska College of Law, HOW A NEBRASKA LAWYER CAN HELP WITH A DUI CHARGE, Debate Rises Over Nebraskas Marijuana-Related Arrest Increase, Are there drug checkpoints in Nebraska? (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. 16-11-123, a person Any person who is not prohibited by law from verdicts against him. Simple possession is often considered a misdemeanor and carries lighter consequences. 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. Children dont get Parkinsons disease. Additional charges may be forthcoming, according to the Grovetown Police Department. narcotics were discovered. 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 possessing a handgun or long gun may have or carry any handgun provided that it 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. Some examples of the drugs in each schedule are listed below. Copyright 2023 Berry Law: Criminal Defense and Personal Injury Lawyers. It's free to sign up and bid on jobs. If you or a loved one has been charged with possession with intent to distribute,contact Berry Law. Call 404-975-0459 or toll free at 877-650-0825. Possession of meth is a felony crime in Georgia and those convicted can spend up to 25 years in prison. 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. loaded, it shall only be carried in an open and fully exposed manner. 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. Then that person should challenge the lab how to beat a possession charge in georgia verifying the drug search, you. Loaded, it shall only be carried in an open and fully exposed.... 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