Heres what you need to This is because there are a few jurisdictions that offer diversion programs which may include forms of rehabilitation, fines or court costs, or other programs. The minimum sentence for a drug trafficking charge in Georgia is 5 years and the maximum is 25. 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. Lets say, number one, law enforcement has been given a judge to go ahead and issue that wiretap, but they have not had enough likely cause. Its uncommon to see a drug case in which there wasnt a search that was challenged. This is determined by the number of drugs in a persons possession at the time of arrest and any acquisition of suspicious evidence, such as scales, plastic bags, etc. The passenger claimed he did not know anything about the drugs and was ultimately found not guilty at trial. know. In a gun charge case, Lets say youre back at the house with a kilo of cocaine and driving somewhere else in the city. Domestic terrorism in the United States by extremists and groups can result in harsh sentences for participants. For example, possession of less than one ounce of marijuana is most often a misdemeanor, but any amount of cocaine is a felony. Your email address will not be published. Aside from that, it comes down to the will of the prosecutor vs. the skill of your criminal defense lawyer. It's free to sign up and bid on jobs. Subsequent convictions warrant 5-30 years incarceration. The State of Georgia takes all drug possession offenses very seriously, this includes marijuana. Copyright Bixon Law, LLC 2022. WebOur goal is to first try to take the most serious charges off the table to avoid the most severe sentences. As with any criminal charge, your future is at stake. Under Georgia laws, meth is classified as a schedule II drug, meaning it has been determined there is a high potential for abuse of the drug and it may lead to both physical and psychological dependence. If you have any previous drug possession convictions, that will increase the length of your drivers license suspension. Pleading for lesser charges or an alternative offer may be a way for you to drastically reduce penalties or have them dropped completely. 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. 813 for the schedule.)2. Subsequent convictions are punishable with up to 30 years in prison. Subsequent convictions warrant 1-10 years incarceration. Obviously, the first option to explore is whether or not the case can be dropped. Sale of any Schedule III, IV or V Controlled Substance is a felony punishable by one to ten years in prison, depending on quantity. Possession of Schedule III, IV, or V Drugs: warrant 1-5 years incarceration. In Georgia, arrests for illegal drug possession are prosecuted as felony crimes. If you have a prior arrest, that is a factor that will complicate your defense. 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. How many people suffer from MS? 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, They will be unable to use that evidence. Courts have rules that determine what evidence can be admitted at trial. WebSchedule one drugs are considered easy to abuse, do not have medical uses, and carry the greatest danger. Ulcerative colitis? You dont have that cocaine with you now, but you both have the power and the intention to go back and get it. A controlled substance is any pharmaceutical or narcotic that is regulated by law. of a misdemeanor; and. (e)Any person who violates subsection (b) of this Code section shall be guilty of a misdemeanor for the first offense. located in such parks, historic sites, and recreational areas, in wildlife Examples of Schedule II narcotics include: hydromorphone (Dilaudid), methadone (Dolophine), meperidine (Demerol), oxycodone (OxyContin, Percocet), and fentanyl (Sublimaze, Duragesic). In addition to drug classifications, a person may face additional charges due to aggravated circumstances in which the drug possession occurred. there are some possible defenses: The Handgun Did Not Belong to You: If you have been charged with violating Georgias gun laws, shooting when the person has the permission of the owner of the land on which 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. Possession of over an ounce is a felony punishable by a minimum of one year and maximum of 10 years imprisonment. This includes any steps taken to make illegal narcotics With adequate time to intervene and prepare, and a good command of the facts, they can mitigate the severity of consequnces. 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. The law requires a sentence of at least 25 years for 28 grams or more. Maybe we will get there someday! Drug Charges. 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. The State Cannot Prove the You Knowingly Possessed a She didnt take it seriously, thought about not hiring a lawyer. scene. Coxs key Schedule two drugs do possess some medical uses and include prescription medicines such as oxycodone, morphine, opium, methamphetamine, and cocaine. Certain controlled substance cases may bring additional federal drug charges. verdicts against him. According to inmate bookings, Stanley Hester, 20, is charged with two counts of possession of child pornography. 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 802(32)(A) for the definition of a controlled substance analogue and 21 U.S.C. The 20-year-old is charged with two counts of possession of child pornography. And what you do with the drugs doesnt matter. If you have a prior arrest, your case will be more difficult to manage. (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. In some cases, this is very damaging evidence. imprisonment for a period of five years. You need Michael Bixon representing your rights. What Constitutes a Charge for Illegal Substances? 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 not uncommon in possession with intent to distribute cases. Police later received a call from the drug dealer attempting to set up another deal and police promptly arrested both her and the passenger. Repeat offenders for drug trafficking face even stronger mandatory minimum jail sentences. Having a skilled defense attorney may drastically reduce potential charges. person with a valid weapons carry license may carry a weapon in all parks, 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. However if there are no diversion programs offered, a charged person may also fight the charge on merit. 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 Any person who is not prohibited by law from Possession of a controlled substance is also a deportable offense, which can result in a non-citizen being removed from the United States. Marijuana trafficking is defined as the sale, manufacture, grow, supply or possession of more than 10 pounds of marijuana. 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. Bixon Law, well assist you in strategizing the best possible defense in your Simple possession is often considered a misdemeanor and carries lighter consequences. Schedule three drugs are less likely to be abused and have many medical uses; these include drugs such as Vicodin and ketamine. Selling drugs, having drugs, making drugs, as long as there is a certain amount of drugs involved in the crime. Substances in this schedule have a low potential for abuse relative to substances in Schedule III. Three Ways To Fight A Shoplifting Charge In Alpharetta, Ga. There are also certain types of Obtaining or submitting information through this website does not create an attorney-client and/or confidential relationship. 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. (5)Minor means any unmarried person under the age of 18 years. 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. Joseph Carter, age 19, of The Rock, GA, was arrested and charged with six counts of sexual Copyright 2023 Berry Law: Criminal Defense and Personal Injury Lawyers. The first step is always to determine if there is a way to fight the search to determine if the drugs can be kept out of trial. They were only in their possession due to certain circumstances and were unaware of their presence. An arrest based on invalid consent is generally suppressed, which means the result of the search cannot be used as evidence against the individual arrested at trial. This criminal charge is commonly referred to as Minor in Possession or MIP. 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. 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. The 20-year-old is charged with two counts of possession of child pornography. For a first conviction, a person faces a maximum of 1 year in jail. Some examples of the drugs in each schedule are listed below. Some examples of Schedule II drugs are: combination products with less than 15 milligrams of hydrocodone per dosage unit (Vicodin), cocaine, methamphetamine, methadone, hydromorphone (Dilaudid), meperidine (Demerol), oxycodone (OxyContin), fentanyl, Dexedrine, Adderall, and Ritalin, Schedule III drugs, substances, or chemicals are defined as drugs with a moderate to low potential for physical and psychological dependence. And many times, this will result in the charges being completely dismissed. Charge: Charlotte County warrant for violation of probation (original charge of willful and wanton reckless driving). According to inmate bookings, Stanley Hester, 20, is charged with two counts of possession of child pornography. For these reasons, you cant afford to fool around with a marijuana possession charge in Georgia. Three drugs are considered easy to abuse, do not have medical uses, carry! 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