According to your situation, some of these options may be more appealing than others. 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. 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. 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 For a second or third conviction, imprisonment of 18 months is the maximum penalty and for a fourth or subsequent conviction, imprisonment cannot exceed 2 years. There is a big difference between simple possession of an illegal drug and possession with intent to distribute. Ulcerative colitis? This is usually done while one is pulled over for an unrelated issue, such as driving over the speed limit. Such laws outline when a person needs a Criminal Charge in Georgia? 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 Those who are charged with drug possession are first apprehended by law enforcement. The Georgia Senate introduced Senate Bill 609 which would require the medical cannabis commission to begin issuing licenses in 2022. Its worth noting that it it is a misdemeanor that can still bring a fine up to $1,000 and a year in jail. And in two ways they can do that. This could be in the glove compartment, on your coffee table, or under your seat. For a free legal consultation, call 402-466-8444. If somebody is charged with drug possession, serious consequences may follow including jail time, probation, drug screens, fines, marks on permanent records, and more. violating Georgias gun laws, call Bixon Law today. 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 consultation today. Ga. App. or inside his or her home, motor vehicle, or place of business without a valid What are the relevant State and/or Federal sentencing guidelines for charges filed against you? This includes any steps taken to make illegal narcotics Even when the stop is valid, law enforcement does not have the right to search without consent or probably cause. With adequate time to intervene and prepare, and a good command of the facts, they can mitigate the severity of consequnces. Subsequent convictions warrant 5-30 years incarceration. There are a multitude of reasons that the State of Georgia can suspend a license to operatea motor vehicle. How Do I Fight a Possession with Intent to Distribute Charge? It is important to note that even if a substance is not specifically cited in the Drug Schedule, certain substances can be claimed to be covered under federal law. Services are not available in all states. If youre facing drug possession charges and need a lawyer, get your free consultation with a Her Lawyer attorney today. Possession of any Schedule I or Narcotic Schedule II Drugs: warrant 2-15 years incarceration. Lawson and Berry The Top Lawyer DirectoriesState Bar Lawyer DirectoriesAttorney Discipline Records, Atlanta(Georgia) Lawyer DirectoryCalifornia Lawyer DirectoryNew York Lawyer Directory, {"hide_search_input":"","hide_near_input":"","bg":"white","mt":"","mr":"","mb":"0","ml":"","pt":"","pr":"","pb":"","pl":"","border":"","rounded":"rounded","rounded_size":"","shadow":"","show":""}. A conviction, whether it is diversion, plea deal or jury trial, will leave you with a criminal record. However, the sentencing is different depending on the drug and the amount. In any drug case, another defense is that you want to challenge any illegal search or mobile phone wiretap. license on his or her person, or any person not required by law to have a 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. Punishment. These include marijuana, LSD, GHB, and heroin. The state has to show either one or the other. punished as follows: What Firearms and Weapons are Prohibited in the In reality, most of the time, drug possession on its own is a felony offense. If theyre using this kind of technology to collect the evidence unlawfully, we can get that evidence thrown out of court. that you were not aware of the illegal weapon being in your possession. Possession of marijuana as part of selling, distribution or trafficking will bring felony 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. Maybe we will get there someday! Felony drug convictions will have heftier punishments than misdemeanors. 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. Are your charges misdemeanor charges or felony charges? Possession of meth is a felony crime in Georgia and those convicted can spend up to 25 years in prison. 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. **If you are concerned about the charges you are facing, you need an experienced firm working on your side. In the night stand beside the bed, the officers discovered a shotgun 16-13-30(j) and 16-13-31(c). She found out she was probably going to jail for awhile. 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. (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. 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. They may be able to show real possession. Under Georgia law, O.C.G.A. If they do not follow those procedures it can sometimes be dismissed. According to inmate bookings, Stanley Hester, 20, is charged with two counts of possession of child pornography. Under Georgia law, you will face up to $1,000 in fines and up to 1 year in prison. hunting or fishing license, who is engaged in legal hunting, fishing, or sport 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. 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 Drug Charges. Cases can Beating a drug possession charge can be quite difficult, but not impossible. Certain controlled substance cases may bring additional federal drug charges. unloaded. This probation can include drug counseling, therapy, attendance at meetings, etc. What are the recorded type(s) and quantity of illegal substances? 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. (See 21 U.S.C. 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. Any arrest for possession is going to establish a negative record. of Georgia. 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. When it comes to the amount of drugs, weight or size does matter. Possession of a controlled substance is also a deportable offense, which can result in a non-citizen being removed from the United States. support the jurys finding that Cox possessed control over the apartment. 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. Sickle cell anemia? Possession of illegal substances has a wide range of potential consequences. Under Georgia law, O.C.G.A. Furthermore, the larger the quantity of illegal drugs, the more likely it is that the criminal defendant will face federal charges. fishing, or engaging in sport shooting. were found in the apartment, and the fact that he had a key to the apartment Fill out this short form and criminal defense. A judge can say that there was not enough evidence, so the wiretaps can be excluded. Effective and active communication to make sure that you understand all the possible consequences of a drug trafficking conviction and communicate possible decisions about your case. Some examples of the drugs in each schedule are listed below. This may occur if a police officer exhibits discriminatory behavior during the search. Iowa Police Interrogations | Miranda Rights | Case Study, Domestic Abuse Protection Orders in Omaha. is enclosed in a case and unloaded. While the officers were attempting And what you do with the drugs doesnt matter. Well, perhaps they didnt. 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. appeal, he argued that there was insufficient evidence to support the guilty Another defense is the defense of equal access, which is applicable when the state attempts to use a presumption against you. 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