After conversations with the accused, an attorney can contact the prosecutors office to discuss the case. What are the recorded type(s) and quantity of illegal substances? (5)Minor means any unmarried person under the age of 18 years. Bixon Law, well assist you in strategizing the best possible defense in your Possession of marijuana, under one ounce, is a misdemeanor. Call us to talk about your case today. contact our Atlanta felony gun possession charges. Although a misdemenaor, it can still result in up to a $1,000 fine and one year of incarceration. Schedule I drugs, substances, or chemicals are defined as drugs with no currently accepted medical use and a high potential for abuse. There are also certain types of 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. Regardless of the amount of marijuana you are convicted of possessing, your drivers license will be suspended. If somebody is charged with drug possession, serious consequences may follow including jail time, probation, drug screens, fines, marks on permanent records, and more. Furthermore, the larger the quantity of illegal drugs, the more likely it is that the criminal defendant will face federal charges. Web2. Possession of any Schedule I or Narcotic Schedule II Drugs: warrant 2-15 years incarceration. Additionally, the fact that Coxs personal papers hunting or fishing license, who is engaged in legal hunting, fishing, or sport There are some exceptions for possessions of small amounts of marijuana. We're here for you 24/7. Any arrest related to possession of illegal substances could possibly bring State and Federal charges. (2)Dangerous drug shall have the same meaning as defined in Article 3 of this chapter, relating to dangerous drugs. imprisonment for a period of five years. Until a person has adequate legal representation, they may assert the right to remain silent, and not sign anything. of a misdemeanor; and. In these instances, individuals with small amounts of drugs are often charged with possession with intent to distribute. If this is the case, then that person should challenge the lab report verifying the drug evidence that was found was indeed substantial. For this reason, they take drug offenses very seriously. If any such object has printed thereon or is accompanied by instructions explaining the purpose and use of such object and if following such instructions would cause a person to commit an act involving the use or possession of a dangerous drug or controlled substance in violation of the laws of this state, then such instructions shall constitute prima-facie evidence of knowledge that the object in question is a drug related object. Charge: Charlotte County warrant for violation of probation (original charge of willful and wanton reckless driving). Bond: none. 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 I learned the hard way that only certain counties in Georgia go easy on possession of small amount of pot. These include marijuana, LSD, GHB, and heroin. Your email address will not be published. Related: Drug/Alcohol-Related Sexual Assault. Copyright 2022 - BestGeorgiaLawyers.com. Namely, it is important to understand your Fourth Amendment rights and how they protect you from unreasonable searches and seizures. However, there are some general tips for dropping drug possession charges: Having a good grasp of what rights you have is an important way to defend yourself against unreasonable charges. Production of these drugs carries its own penalties, which are almost the same as above. If the prosecutor has an air-tight case with indisputable evidence, your attorney will work to get you the lightest possible sentence. Services are not available in all states. What Constitutes a Charge for Illegal Substances? 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. 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. Are criminal charges for a first, second, or further drug possession arrest? And what you do with the drugs doesnt matter. There are defenses against a drug trafficking charge, and in cases like this, we have used many defenses effectively to represent people. When defending these cases, the first step is to try to keep all the drugs out of court. Possession of any Schedule I or Narcotic Schedule II Drugs: warrant 2-15 years incarceration. In Cox v. State, They will be unable to use that evidence. 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. This could be in the glove compartment, on your coffee table, or under your seat. WebIn Georgia, felony gun possession is usually an additional charge that is tacked on when a felon is arrested for a different crime. she knowingly has in his or her possession any sawed-off shotgun, sawed-off In other words, the person who is accused of producing drugs must have physically handled them. Marijuana is a drug that has been the forefront of public discussion in recent years. AUBURN, Ala. (WRBL) On Monday, Auburn Police arrested Marquavious Benard Favors, 25, from Peachtree City, Georgia, on warrants for identity theft (two Heres everything you need to know about beating a drug possession charge. Here at If this is a first misdemeanor marijuana possession, we can fight for a conditional discharge, or diversion. Well, perhaps they didnt. WebWeb possession of marijuana is one of the most common criminal charges in the savannah area. The United States Drug Enforcement Administration website states, a substance need not be listed as a controlled substance to be treated as a Schedule I substance for criminal prosecution. over the shotgun and the area surrounding the bed under which the prescription If you are a first-time offender, your chances for leniency are reasonably good meaning diversion sentencing or probation may be possible. 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. As with any criminal charge, your future is at stake. WebThe Peach State has created three different levels of seriousness, when it comes to battery charges. Repeat offenders for drug trafficking face even stronger mandatory minimum jail sentences. Prosecution has to prove that you were knowingly in possession of marijuana to convict you of the marijuana charge. 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 If we can make that argument, we can usually resolve the case for a lower charge. Its obvious that if youve been charged with trafficking or distribution youre extremely likely to be headed to prison for quite a while. Drug possession is the willful possession of illegal substances, such as marijuana, cocaine, methamphetamine, heroin, ecstasy, etc. Possession of non-narcotic Schedule II drugs: Possession of non-Narcotic Schedule II Drugs: warrant 2-15 years incarceration. My minor drug possession arrest cost me nearly $5000. Having a skilled defense attorney may drastically reduce potential charges. There is a myriad of defenses that a person may take in order to combat these charges. Was the search illegal? If you have cocaine or methamphetaminein Georgia, if it is 28 grams or greater, it is a case of drug trafficking. If theyre using this kind of technology to collect the evidence unlawfully, we can get that evidence thrown out of court. Repeat offenders for drug trafficking face even stronger mandatory minimum jail sentences. 802(32)(A) for the definition of a controlled substance analogue and 21 U.S.C. If a legal officer has enough reason to conduct a search and finds illegal substances in the vehicle, then one may be charged with drug possession. Criminal defense attorneys will challenge the validity of the search. Please call (888) 205-9314. Georgia is the gateway between Florida and the entire East coast. there are some possible defenses: The Handgun Did Not Belong to You: If you have been charged with violating Georgias gun laws, one possible defense is to provide evidence that the weapon you are charged 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. Courts have rules that determine what evidence can be admitted at trial. What is the assumed intent (i.e., personal use, distribution/trafficking, etc.)? Under Georgia law, O.C.G.A. 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 . A good criminal defense attorney knows that there are several ways to fight drug charges. Amounts ranging from 28 to less than 200 grams will result in a sentence of at least 10 years. If you have a prior arrest, your case will be more difficult to manage. (See 21 U.S.C. (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. gun without a valid weapons carry license, provided that if the long gun is Possession of any other Schedule I or Schedule II banned the substance, from LSD to heroin, will result in felony criminal charges in the state of Georgia. support the jurys finding that Cox possessed control over the apartment. 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. difficult situations. The number of drugs will depend on the type of drug involved in the case and what is being prosecuted by the state or government agency. Instead, Possession of Schedule III, IV, or V Drugs: warrant 1-5 years incarceration. A minimum sentence of 7 years is required for an amount between 2,000 but less than 10,000 pounds. 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. This can happen if there was an illegitimate traffic stop, unreasonable search, or other police misconduct. A criminal defense attorney first wants to attempt getting all charges dropped. If you or a loved one has been charged with possession with intent to If you have been Simple possession is often considered a misdemeanor and carries lighter consequences. Additional charges may be forthcoming, according to the Grovetown Police Department. 2022 Best Georgia Lawyers - All Rights Reserved. handgun or long gun without a valid weapons carry license while hunting, 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? Louisiana Revised Statutes Section 40:961 defines drug manufacturing as the production, preparation, propagation, compounding, or processing of a controlled dangerous substance. Yes. 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. 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. that you were not aware of the illegal weapon being in your possession. Lastly, schedule five drugs or medicines that have a low possibility of being abused, including medicines with small quantities of codeine or other narcotics. rifle, machine gun, dangerous weapon, or silencer. People charged with simple felonypossession of drugsoften get their charges reduced from felonies to misdemeanors. What are the relevant State and/or Federal sentencing guidelines for charges filed against you? Need a criminal defense lawyer? Please call (888) 205-9314. Schedule two drugs Some examples of substances listed in Schedule I are: heroin, lysergic acid diethylamide (LSD), marijuana (cannabis), peyote, methaqualone, and 3,4-methylenedioxymethamphetamine (Ecstasy). Are your charges misdemeanor charges or felony charges? Punishment. Under Georgia law, O.C.G.A. You need an experienced Aside from that, it comes down to the will of the prosecutor vs. the skill of your criminal defense lawyer. Examples of Schedule III narcotics include: products containing not more than 90 milligrams of codeine per dosage unit (Tylenol with Codeine), and buprenorphine (Suboxone). All Rights Reserved. Upon conviction, a person shall be punished by This is not a law firm or referral service and does not provide legal advice. In any drug case, another defense is that you want to challenge any illegal search or mobile phone wiretap. This includes any steps taken to make illegal narcotics State of Georgia? Subsequent convictions warrant up to 30 years incarceration. A judge can say that there was not enough evidence, so the wiretaps can be excluded. While possession of commercially avalaible CBD products are legal, possession of edibles is a crime. (D)To test the strength, effectiveness, or purity of any dangerous drug or controlled substance under circumstances in violation of the laws of this state. more than five years. Crimes and Offenses 16-13-1. to check the shotgun for ammunition, Cox told them that the weapon was When Can a Georgia Resident Possess a Handgun In Nebraska, simple possession of methamphetamine or cocaine is a felony charge carrying a term of zero to two years in prison, while possession with intent to distributemethamphetamineandcocainestarts off with a sentence of at least one to 50 years. I definitely recommend shopping around for a lawyer with reasonable fees. informant (CI) at the location. ring had a key to the apartment as well as a key to the vehicle he drove to the The articles published here are written by professional writers, not lawyers, to provide users with general information on various legal topics, The information provided here is not presented as legal advice our counsel. license on his or her person, or any person not required by law to have a Charge in Georgia. In your house its stored and you know its there. However, if you violate the probation, your case will be sent to trial and you will potentially face the maximum sentence for a first-time offender. If you cant afford to be without your license, contact us to find out how we can help. If the substance is in its proper container, but your name is not on the label, you need to have a valid reason to have it to avoid arrest and prosecution. The federal government has established a Drug Schedule which classifies pharmaceuticals and narcotics known to be abused. Copyright Bixon Law, LLC 2022. Decriminalize having small amounts of marijuana. Some examples of Schedule IV drugs are: Xanax, Soma, Darvon, Darvocet, Valium, Ativan, Talwin, Ambien, Tramadol, Schedule V drugs, substances, or chemicals are defined as drugs with lower potential for abuse than Schedule IV and consist of preparations containing limited quantities of certain narcotics. He is committed to helping his clients through difficult situations and working to This probation can include drug counseling, therapy, attendance at meetings, etc. Ulcerative colitis? What Constitutes a Charge for Illegal Substances? WebSchedule one drugs are considered easy to abuse, do not have medical uses, and carry the greatest danger. may transport a handgun or long gun in any private passenger motor vehicle. And, we are lawyers who are committed to helping people in measured from the dates of previous arrests for which convictions were obtained Representative Gravley is quoted as saying, Over the last 10 years, we have realized that there are constituents in just about every one of your districts that need this, he added. any subsequent offense, he or she shall be guilty of a felony and, upon Sale of any Schedule III, IV or V Controlled Substance is a felony punishable by one to ten years in prison, depending on quantity. located in such parks, historic sites, and recreational areas, in wildlife All Rights Reserved | Nav map, Felony Possession of Marijuana in Georgia, Suspension of Drivers License For Those Under the Age of 21 or 18, Financial Transaction Card Theft in Georgia. Joseph Carter, age 19, of The Rock, GA, was arrested and charged with six counts of sexual 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. For your first offense, youll lose your license for six The gun charge raises the stakes of the criminal case considerably. Call or text 402-466-8444 or complete a Free Case Evaluation form, Contacting us does not create an attorney-client relationship, Omaha Office 1414 Harney St, Suite 400, Omaha, NE 68102, Lincoln Office 6940 O St Suite 400, Lincoln, NE 68510, Council Bluffs Office 215 S Main St Suite 206, Council Bluffs, IA 51503, Personal Injury & Criminal Defense Lawyers In Nebraska and Iowa | Berry Law. What are the relevant State and/or Federal sentencing guidelines for charges filed against you? with being in possession of does not belong to you. Finally, what is the amount of drugs necessary to qualify for an intent to distribute charge? If they do not follow those procedures it can sometimes be dismissed. violating Georgias gun laws, call Bixon Law today. commits the offense of unlawful possession of firearms or weapons when he or Once these are completed or satisfied, obligations or charges may be dropped and no conviction is recorded on the individuals record. person who is not prohibited by law from possessing a handgun or long gun may If a person is arrested for drug possession, there are four main offenses that they may be charged for: The most important first step is to request legal assistance. If you have been charged with or are being investigated for How Do I Fight a Possession with Intent to Distribute Charge? Under Georgia law, O.C.G.A. 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. The courts often see people charged with simple possession as drug uses or drug addicts, but not drug dealers. They may be able to show real possession. In some cases, this is very damaging evidence. Schedule II drugs, substances, or chemicals are defined as drugs with a high potential for abuse, with use potentially leading to severe psychological or physical dependence. Often, officers ask to search in a manner that may make it seem as if the search is obligatory rather than voluntary. 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. In the state of Georgia, possessing a prohibited Being in possession of a Schedule 1 or 2 drugs is a felony offense and sentencing can range from 2 to 15 years on a first offense, longer for second or subsequent offenses. Possession of more than one ounce is a felony, punishable by a term of incarceration of between 1 and 10 years. What is a controlled substance? The State Cannot Prove the You Knowingly Possessed a Prohibited Weapon: A possible defense against a charge of being in possession of a prohibited Any arrest for possession is going to establish a negative record. 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. To fight drug charges, another defense is that you want to challenge illegal! Defending these cases, the larger the quantity of illegal substances knows that there was not enough,... Rights and how they protect you from unreasonable searches and seizures has been the forefront of discussion! Of public discussion in recent years those procedures it can still result in a sentence 7... Greatest danger of possessing, your case will be more difficult to manage with trafficking or distribution extremely! Cbd products are legal, possession of any Schedule I or Narcotic II. Violating Georgias gun laws, call Bixon law today extremely likely to be abused own penalties, which almost. Knowingly in possession of illegal drugs, the more likely it is important to understand your Fourth rights! Of Schedule III, IV, or silencer drugs necessary to qualify for an intent distribute! Are criminal charges for a different crime, IV, or under your seat represent people attorney!, LSD, GHB, and in cases like this, we can for... Forthcoming, according to the Grovetown police Department battery charges criminal charges for a discharge... House its stored and you know its there additional charges may be forthcoming, according the. Drugsoften get their charges reduced from felonies to misdemeanors of technology to the. Of drug trafficking face even stronger mandatory minimum jail sentences up to a $ 1,000 fine and one of... Obvious that if youve been charged with or are being investigated for how do I fight a with... Person under the age of 18 years Federal sentencing guidelines for charges filed against you case... Conditional discharge, or V drugs: warrant 1-5 years incarceration not belong to you may take in to. Forthcoming, according to the Grovetown police Department we can help furthermore, the first step is try. Finding that Cox possessed control over the apartment warrant 1-5 years incarceration fight charges! Your license for six the gun charge raises the stakes of the defendant... Is 28 grams or greater, it is a case of drug trafficking face even mandatory! And a high potential for abuse marijuana charge defined in Article 3 of chapter. Unlawfully, we can get that evidence thrown out of court by a term of.. Felonypossession of drugsoften get their charges reduced from felonies to misdemeanors combat these.!, distribution/trafficking, etc. ) savannah area it comes to battery charges these drugs carries its own,! Georgia how to beat a possession charge in georgia the gateway between Florida and the entire East coast warrant for violation of probation ( original charge willful. Georgia, felony gun possession is usually an additional charge that is tacked on when a felon arrested... Fourth Amendment rights and how they protect you from unreasonable searches and seizures firm or referral service and not. Is obligatory rather than voluntary in the glove compartment, on your coffee table or! Your drivers license will be suspended for abuse to less than 200 grams will result in to... Of technology to collect the evidence unlawfully, we can help distribution/trafficking, etc. ) your license six... Possession of commercially avalaible CBD products are legal, possession of illegal substances could possibly bring and., so the wiretaps can be admitted at trial of at least 10 years East coast case with evidence. Fourth Amendment rights and how they protect you from unreasonable searches and seizures to abuse, not! Service and does not provide legal advice term of incarceration of between 1 and 10 years jail sentences effectively! Uses or drug addicts, but not drug dealers of drug trafficking face stronger. Person under the age of 18 years get their charges reduced from felonies to misdemeanors, to... Your future is at stake uses, and not sign anything defined as drugs with no currently medical. S ) and quantity of illegal substances weapon being in your house its stored you... Of non-narcotic Schedule II drugs: possession of any Schedule I or Narcotic Schedule II drugs: warrant years. Case, another defense is that you want to challenge any illegal search or mobile phone wiretap good. As marijuana, cocaine, methamphetamine, heroin, ecstasy, etc. ) felonies to misdemeanors out. Defense attorney may drastically reduce potential charges Fourth Amendment rights and how they protect you unreasonable. Her person, or under your seat you have been charged with or are being investigated for do... Amounts ranging from 28 to less than 200 grams will result in sentence. Found was indeed substantial definition of a controlled substance analogue and 21 U.S.C simple felonypossession of get... Police Department same as above found how to beat a possession charge in georgia indeed substantial to remain silent, and in cases like this we! Drug Schedule which classifies pharmaceuticals and narcotics known to be abused afford to be headed to for... Get you the lightest possible sentence recommend shopping around for a first, second, V! A crime legal advice carries its own penalties, which are almost the same above! Prove that you were knowingly in possession of illegal substances, or drug. A felony, punishable by a term of incarceration battery charges are criminal for... Uses or drug addicts, but not drug dealers distribute charge was an illegitimate traffic stop, search. Does not provide legal advice but not drug dealers that person should challenge the lab report the. Of these drugs carries its own penalties, which are almost the same meaning as defined in Article of... Between 2,000 but less than 200 grams will result in a sentence of 7 years is for! Marijuana, LSD, GHB, and not sign anything under your seat in Cox v.,!, such as marijuana, cocaine, methamphetamine, heroin, ecstasy, etc. ) seriousness, when comes. Entire East coast attorney may drastically reduce potential charges house its stored and you know its there no... I definitely recommend shopping around for a conditional discharge, or further drug is... At stake you are convicted of possessing, your future is at stake 3 of chapter! In any private passenger motor vehicle find out how we can fight for a conditional discharge, V! Are considered easy to abuse, do not follow those procedures it can sometimes be dismissed cocaine or Georgia. Trafficking face even stronger mandatory minimum jail sentences drug uses or drug addicts, but not drug.! To less than 10,000 pounds, heroin, ecstasy, etc. ) wants to attempt getting all dropped! With small amounts of drugs are often charged with trafficking or distribution youre extremely to! 802 ( 32 ) ( a ) for the definition of a controlled substance analogue and 21 U.S.C,. Silent, and not sign anything law today distribute charge gun laws, call law... Not required by law to have a prior arrest, your future is at stake indisputable!, dangerous weapon, or other police misconduct CBD products are legal, possession of non-narcotic II... Gun, dangerous weapon, or V drugs: possession of any Schedule I drugs, first... A charge in Georgia more than one ounce is a felony, by! Article 3 of this chapter, relating to dangerous drugs validity of the most common charges! Keep all the drugs doesnt matter battery charges gun in any drug,... Some cases, the first step is to try to keep how to beat a possession charge in georgia the drugs doesnt matter judge. Avalaible CBD products are legal, possession of non-narcotic Schedule II drugs: possession of any Schedule I or Schedule! Webthe Peach State has created three different levels of seriousness, when it comes to charges! Out of court may assert the right to remain silent, and not sign anything search is obligatory rather voluntary! And one year of incarceration of between 1 and 10 years a law firm or referral service does... $ 5000 which are almost the same meaning as defined in Article 3 of this chapter relating! An additional charge that is tacked on when a felon is arrested for different... 21 U.S.C if they do not have medical uses, and carry the greatest danger of,! Required by law to have a charge in Georgia illegal substances own penalties, which almost. Less than 200 grams will result in a sentence of at least 10 years Schedule..., relating to dangerous drugs, heroin, ecstasy, etc. ) defined drugs. Florida and the entire East coast a while and not sign anything any arrest related to possession of illegal,! Evidence, so the wiretaps can be admitted at trial evidence can be admitted at trial include marijuana cocaine. High potential for abuse while possession of non-narcotic Schedule II drugs: warrant 2-15 years.. Often see people charged with trafficking or distribution youre extremely likely to be without your for... Conditional discharge, or V drugs: possession of non-narcotic Schedule II drugs: warrant 2-15 years incarceration these! Unreasonable searches and seizures ( i.e., personal use, distribution/trafficking, etc. ) may it! Can say that there was not enough evidence, your future is at stake the drugs doesnt matter does. For quite a while as if the search to have a charge Georgia... Of public discussion in recent years illegitimate traffic stop, unreasonable search, or are! Case will be more difficult to manage, how to beat a possession charge in georgia gun possession is usually an additional charge is! Lsd, GHB, and heroin want to challenge any illegal search or mobile phone wiretap illegal. One year of incarceration gateway between Florida and the entire East coast if this is very damaging.! Fine and one year of incarceration of between 1 and 10 years evidence, so the wiretaps can excluded! Challenge the validity of the criminal case considerably drastically reduce potential charges many!