However if there are no diversion programs offered, a charged person may also fight the charge on merit. Repeat offenders for drug trafficking face even stronger mandatory minimum jail sentences. The only thing you should say to the police is, Im invoking my right to remain silent, and I want a lawyer. An updated and complete list of the schedules is published annually in Title 21 Code of Federal Regulations (C.F.R.) Lets say youre back at the house with a kilo of cocaine and driving somewhere else in the city. Since 2016, 12 cities or counties in Georgia have passed local laws reducing the penalty for possession of an ounce or less of marijuana. that you were not aware of the illegal weapon being in your possession. 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! If they went to the house and searched for it and had a search warrant, the warrant may have been too wide. If you have been Dont assume that every county thinks a little pot is no big deal. Possession of meth is a felony crime in Georgia and those convicted can spend up to 25 years in prison. verdicts against him. It's free to sign up and bid on jobs. apartment based on two controlled buys of narcotics made by a confidential WebThe Peach State has created three different levels of seriousness, when it comes to battery charges. Subsequent convictions warrant 5-30 years incarceration. This includes those who manufacture, transport, deliver, and sell to the end user. Ga. App. This is not uncommon in possession with intent to distribute cases. management areas, and on public transportation; provided, however, that a Subsequent convictions are punishable with up to 30 years in prison. (4)Knowingly means having general knowledge that a machine, instrument, tool, item of equipment, contrivance, or device is a drug related object or having reasonable grounds to believe that any such object is or may, to an average person, appear to be a drug related object. Its really within reach of your arms, no question. The police should tell you this as they read your Miranda Rights to you. 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). know. In these instances, individuals with small amounts of drugs are often charged with possession with intent to distribute. historic sites, or recreational areas, including all publicly owned buildings If they do not follow those procedures it can sometimes be dismissed. The severity of the suspension of driving privileges varies. 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. The potential charge for felony possession of marijuana is 1-10 years in prison and more than $1,000 in fines. Depending on the circumstances of the case, a sentence may result in a diversion program or up to 30 years in prison. 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. Any arrest related to possession of illegal substances could possibly bring State and Federal charges. For example, possession of less than one ounce of marijuana is most often a misdemeanor, but any amount of cocaine is a felony. law. This may occur if a police officer exhibits discriminatory behavior during the search. The difference between possessing illegal drugs and possessing illegal drugs with intent to distribute is huge in the criminal justice system. 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. 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. Bond: none. In a gun charge case, Until then, at least we have good lawyers to fight charges. Lawson and Berry The government must show certain elements of the offense to accuse drug trafficking in court. This probation can include drug counseling, therapy, attendance at meetings, etc. Upson County, GA (February 28, 2023) On Thursday, February 23, 2023, the Georgia Bureau of Investigation Child Exploitation and Computer Crimes (CEACC) Unit executed two search warrants regarding separate child exploitation investigations. This could be in the glove compartment, on your coffee table, or under your seat. There are defenses against a drug trafficking charge, and in cases like this, we have used many defenses effectively to represent people. Michael Bixon is a life-long believer in making the best of any situation and looking forward to a bright future. With adequate time to intervene and prepare, and a good command of the facts, they can mitigate the severity of consequnces. Being arrested in Georgia for drug possession can result in State and sometimes Federal charges. Another way to fight possession with intent to distribute cases is to challenge whether the defendant actually knew about the substances found. We are sadly well behind the national trends toward marijuana decriminalization and legalization. Georgia criminal defense lawyers fight criminal offenses in all GA courts. Possession of more than one ounce is a felony, punishable by a term of incarceration of between 1 and 10 years. 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. 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. Anybody with a drug charge in Georgia needs to take it seriously and hire a good lawyer. 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. Possession with intent to distributeis a more serious crime. White Collar Offenses. For example, if you were not read your Miranda Rights, then this may be grounds to argue that your rights were violated, therefore leading to a dropped charge. You need Michael Bixon representing your rights. Louisiana Revised Statutes Section 40:961 defines drug manufacturing as the production, preparation, propagation, compounding, or processing of a controlled dangerous substance. You can say, Well, that may be my house, but other people have a key. If thats true, then you cant be convicted by the state simply on the assumption that the drugs were yours because they were found in your home. 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. 16-13-2(b), the possession of less than one ounce of marijuana is a misdemeanor offense. Search for a Georgia criminal defense lawyer. They were only in their possession due to certain circumstances and were unaware of their presence. The exact wording of the law can be found on the FindLaw website, and is as follows:1. 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 . Its uncommon to see a drug case in which there wasnt a search that was challenged. Although a misdemenaor, it can still result in up to a $1,000 fine and one year of incarceration. See my suspended license penalties page for details. 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. If you drive the car and the drugs are sitting next to you, these drugs are actually in your possession. If you are able to demonstrate that law enforcement abused their power during the drug search, then you may argue to drop charges. Please call (888) 205-9314. Fill out this short form and criminal defense. scene. she knowingly has in his or her possession any sawed-off shotgun, sawed-off Please call (888) 205-9314. How to Beat a Possession Charge in Georgia The results in a criminal case depend on the circumstances and specifics of the case. Look at the diagnoses that we have in our law. 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. (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 some cases, this is very damaging evidence. You want to challenge a wiretap as well. The state of Georgia has What is the Difference Between OWI and DUI? You can be charged with possession of marijuana even if you are not holding the drugs. (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. In the state of Georgia, possessing a prohibited WebCriminal Charge in Georgia? Penalties are as follows: Possession of any Schedule I or narcotic Schedule II drugs: punishable with 2-15 years in prison. If you have been arrested, time is not on your side. You have constructive possession of these drugs in that case. If you or a loved one has been charged with possession with intent to Are criminal charges for a first, second, or further drug possession arrest? Copyright 2018, Loren . 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. At trial, the 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. The prosecution would then be required to prove beyond a reasonable doubt that the lab reports were fair and honest. Michael Bixon represents clients in Atlanta and throughout the state of Georgia. 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. (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. For example, police on the interstate will pull over a car for a minor traffic violation like following too closely and search the vehicle. The only difference is that a minimum sentence of 10 years is required to manufacture any amount below 200 grams. The Sarasota County Sheriffs Office reported the following arrests: Derek Earl Bain, 28, 1800 block of Ironwood Court, Venice.