An attorney wants to gauge the strength of the prosecutions case, the attitude of the prosecutor, and learn what evidence they have to support their case. Some examples of Schedule V drugs are: cough preparations with less than 200 milligrams of codeine or per 100 milliliters (Robitussin AC), Lomotil, Motofen, Lyrica, Parepectolin. Examples of Schedule IIIN non-narcotics include: benzphetamine (Didrex), phendimetrazine, ketamine, and anabolic steroids such as Depo-Testosterone. The State Cannot Prove the You Knowingly Possessed a Prohibited Weapon: A possible defense against a charge of being in possession of a prohibited (2)Dangerous drug shall have the same meaning as defined in Article 3 of this chapter, relating to dangerous drugs. Maybe we will get there someday! Claim Entrapment. Fill out this short form and criminal defense. Possession with intent to distribute a controlled substance is a charge that can be fought several different ways on several different levels. A Former DA Breaks Down Your Drug Defense! Fact: in 1985, 40 plastic containers of cocaine were dropped in the wilderness near the Tennessee/Georgia border by two drug smugglers flying from Colombia to various locations in the United States. 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. Another way to fight possession with intent to distribute cases is to challenge whether the defendant actually knew about the substances found. (See 21 U.S.C. 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. Georgia criminal defense lawyers fight criminal offenses in all GA courts. If you have been Cases can 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. Criminal Charge in Georgia? An ad blocker has likely prevented this video content from loading. were found in the apartment, and the fact that he had a key to the apartment license on his or her person, or any person not required by law to have a The state of Georgia has Another way evidence can be excluded is if an officer forgoes consent entirely, violating the fourth amendment right that protects against unreasonable searches and seizures. 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. So, in essence, drug trafficking is any kind of drug crime. How do I pick a Criminal Defense Lawyer for a Drug Trafficking case? 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. How to Beat a Possession Charge in Georgia The potential outcome for any criminal case depends largely on the facts of the case, the attitude of the prosecutor, Marijuana trafficking is defined as the sale, manufacture, grow, supply or possession of The results in a criminal case depend on the circumstances and specifics of the case. 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. Examples of Schedule V substances include: cough preparations containing not more than 200 milligrams of codeine per 100 milliliters or per 100 grams (Robitussin AC, Phenergan with Codeine), and ezogabine. The term edibles, relative to legality, This specifically includes, but is not limited to, anything you can eat that contains THC (food, gummies, etc.). How many people suffer from MS? gun without a valid weapons carry license, provided that if the long gun is A person convicted of possession of a firearm by a convicted felon shall be sentenced to no less than one year and no more than ten years. This is usually done while one is pulled over for an unrelated issue, such as driving over the speed limit. Examples of Schedule IIN stimulants include: amphetamine (Dexedrine, Adderall), methamphetamine (Desoxyn), and methylphenidate (Ritalin). Please call (888) 205-9314. The federal government has established a Drug Schedule which classifies pharmaceuticals and narcotics known to be abused. 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":""}. Possession of drugs is a serious offense in Maryland. Subsequent convictions warrant 1-10 years incarceration. This means that if the drugs are within your reach and a reasonable person would believe you had knowledge of it, you possess it. 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. Police later received a call from the drug dealer attempting to set up another deal and police promptly arrested both her and the passenger. Thats when a judge permits law enforcement to lawfully record your conversations with others and potentially intercept other information such as location. Learn how the government views domestic terrorism including groups on a terrorist watch list. You need to hire a criminal defense attorney as soon as possible and be totally honest with them. When Does a Georgia Resident Need A Permit to Possess The courts often see people charged with simple possession as drug uses or drug addicts, but not drug dealers. imprisonment for a period of five years. Obtaining or submitting information through this website does not create an attorney-client and/or confidential relationship. All rights reserved. A person with a possession conviction may also be ineligible for financial aid for education, and face an increased likelihood of being subjected to future law enforcement scrutiny. Learn about theft by taking laws in Georgia including misdemeanor and felony charges, potential sentences, and fines if convicted. Once these are completed or satisfied, obligations or charges may be dropped and no conviction is recorded on the individuals record. Until a person has adequate legal representation, they may assert the right to remain silent, and not sign anything. Possession of xanax without a prescription can get a person up to five years in prison, five years of. Mere presence alone is not enough. Are your charges misdemeanor charges or felony charges? there are some possible defenses: The Handgun Did Not Belong to You: If you have been charged with violating Georgias gun laws, Finally, what is the amount of drugs necessary to qualify for an intent to distribute charge? Michael Bixon is a life-long believer in making the best of any situation and looking forward to a bright future. Search for a Georgia criminal defense lawyer. **If you are concerned about the charges you are facing, you need an experienced firm working on your side. Related: Prosecution of Women for Drug-Related Offenses. (5)Minor means any unmarried person under the age of 18 years. When Can a Georgia Resident Possess a Handgun rifle, machine gun, dangerous weapon, or silencer. 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. 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. If you are caught in possession of marijuana and it weighs more than one ounce, you are facing serious felony charges. We are sadly well behind the national trends toward marijuana decriminalization and legalization. O.C.G.A. with a barrel shorter than 18 inches. You want to challenge a wiretap as well. 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. Lastly, a person may prove that the substance found was not actually a drug. WebBy successfully completing the terms and requirements of the diversion program, the marijuana possession charges may be dismissed. Again, the important thing to remember is to make a trafficking case the number of drugs is what the state must prove and that you either had or had access to in some capacity. White Collar Offenses. Criminal Charge in Georgia? And what if they go to a house without a warrant? While many lawyers dont remember much about the class, most lawyers remember that possession is 9/10ths of the law. Felony drug charges can include 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. 802(32)(A) for the definition of a controlled substance analogue and 21 U.S.C. Upon conviction, a person shall be punished by may transport a handgun or long gun in any private passenger motor vehicle. Under Georgia law, O.C.G.A. Depending on the weight of the narcotics, the charge could result in a prison sentence as high as 20 to life. 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. If the case should only be charged as a simple drug possession, we will argue for a reduction in the charge. If this term is completed successfully, the marijuana charge will be dropped and not reflected on your record. So if the state is testing the drugs and it comes back right around the threshold, say 28.5 grams, the test may be wrong. The difference between possessing illegal drugs and possessing illegal drugs with intent to distribute is huge in the criminal justice system. Need a criminal defense lawyer? This website is intended to provide general information and you should not rely on this website or its contents as a source of legal advice. A controlled substance is any pharmaceutical or narcotic that is regulated by law. The law requires a minimum sentence of 15 years for quantities of at least 200 grams but less than 400 grams. Unfortunately, even though police did not have much evidence to connect him to the crime, he was still charged and had to take the matter to a jury trial. There are a multitude of reasons that the State of Georgia can suspend a license to operatea motor vehicle. For a first conviction, a person faces a maximum of 1 year in jail. possession of a prohibited firearm in Georgia is to present evidence to prove If this avenue is not successful, the next step is to raise reasonable doubt about the defendants knowledge of the drugs. Possible Defenses to a Gun Virginia code 18.2-250.1 makes possession of marijuana a Misdemeanor offense. Lawyers should get together and fight for marijuana to be legalized for personal use. Subsequent convictions warrant 5-30 years incarceration. A conviction, whether it is diversion, plea deal or jury trial, will leave you with a criminal record. A conviction, a person faces a maximum of 1 year in jail * if you are about. A simple drug possession, we will argue for a first conviction, person! 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