As trusted criminal defense attorneys, we know that things aren’t always what they seem. And just because you’ve been charged with drug possession doesn’t mean you deserve to be convicted. Visit us online to schedule a consultation and start defending your future.
Everyone deserves the opportunity to defend themselves in court, regardless of their charges. Unfortunately, many people who are accused of drug crimes fail to exercise their rights.
Some people arrested for drug crimes mistakenly believe that pleading guilty is their only option, and that they wouldn’t be able to afford an attorney anyway. However, the real truth is that they can’t afford not to hire an attorney, especially in drug possession cases involving controlled substances.
If you’ve been charged with drug possession in Georgia, you need to understand how much you stand to lose. Your very freedom is on the line, and a conviction can set in motion life-altering consequences that will haunt you long after you’ve served your time. Luckily, there is an alternative scenario.
If you choose to partner with a drug possession attorney and fight for your future, you may be able to drastically improve your circumstances. Your drug possession lawyer will work to get your charges reduced and may even be able to get your case dismissed altogether. But you’ll never know what is possible if you never make that call.
At Joseph Williams Law, we believe that everyone deserves a robust defense and the opportunity to explain their side of events. Keep reading to learn everything you need to know about drug possession crimes in Georgia, potential defense strategies and how our drug possession lawyers may be able to help you sign a new lease on life.
Were you or a loved one arrested for drug possession? Don’t wait until your situation gets worse to ask for help. Call our law office at (912) 259-6548 to schedule an appointment with one of our experienced legal advocates today.
Do I Need a Lawyer for Drug Possession Charges?
If you’re willing to risk your freedom over a drug possession charge, then no—you don’t necessarily need to hire a criminal defense attorney. However, that price is too steep for most people to pay when conviction isn’t a foregone conclusion.
No matter what you’ve been accused of, the wise thing to do is stay quiet and let a legal expert negotiate on your behalf. This is especially true if you’re facing more serious drug possession charges, such as possession of a Schedule I or II substance or possession with intent to distribute.
Ultimately, you’ll need an attorney because your future is worth fighting for, even if your life is in shambles right now. You owe it to yourself to do due diligence, and the best way to get started is to contact an experienced Georgia drug possession lawyer.
Determining the Severity of Your Charges
It’s important to know that any conviction—whether by diversion, a plea deal or jury trial—will leave you with a criminal record that hurts your chances for success in life. However, your specific consequences will depend on a variety of factors, including the following:
- Prior convictions for drug possession
- Whether you’re facing misdemeanor or felony charges
- What type of substance you’ve been accused of possessing
- The amount or quantity of that illegal substance
- Your assumed intent
Penalties for various drug crimes in Georgia differ drastically depending on these factors. Understanding their implications is crucial to mounting an effective defense.
Drug Possession in Georgia
Controlled substances are divided into five distinct schedules, which are classifications determined by federal law. A substance’s category is determined by its potential for abuse and dependence, as well as whether or not it has an approved medical application.
Here are the five controlled substance schedules in Georgia:
- Schedule I drugs are substances with a high potential for abuse and no medical application, including LSD, ecstasy and heroin.
- Schedule II drugs are substances that have a high potential for abuse but also have medical applications, including morphine, codeine and amphetamine.
- Schedule III, IV and V drugs are substances with progressively lower potential for abuse and that have recognized medical benefits, such as anabolic steroids and Xanax.
Unlawful possession of a controlled substance in Georgia is a felony, regardless of which schedule the substance falls under. Possession of a Schedule I or II drug can result in a prison sentence of two to 30 years, depending on quantity. Possessing a Schedule III, IV or V controlled substance is punishable by one to five years in prison.
Marijuana Possession Penalties
Although marijuana is illegal in Georgia, it is possible to be convicted of possession without catching a felony. Possession of less than one ounce of marijuana is considered a misdemeanor and punishable by up to a year in prison and a $1,000 fine. However, possession of more than one ounce of marijuana is a felony and can result in a sentence of one to 10 years in prison.
Your assumed intent for the marijuana in your possession can also affect the severity of your penalties. If a court determines you had an intent to distribute, sell or deliver it, you could face between one and 10 years in prison and severe fines.
Possible Drug Possession Defenses
ls weed to high school students probably has no idea that his side hustle could potentially land him in prison for decades. Luckily, a skilled drug possession lawyer can utilize a number of arguments to mount a compelling defense.
Here are some of the legal defenses you and your attorney may explore:
- The drugs were found during an unlawful search and seizure that violated your Fourth Amendment rights.
- You were the victim of police entrapment and wouldn’t have committed the crime for which you are charged without their involvement.
- The drugs found in your possession weren’t actually yours.
Far from a comprehensive list, these are just some of the many legal defenses your drug possession attorney may suggest. Ultimately, they will build their strategy around the specific details of your case and fight for a dismissal or reduction of charges.
Drug Possession Lawyer FAQs
Drug laws are complex in every state, and Georgia is no exception. If you’ve been charged with drug possession or possession of a controlled substance, you’re likely scared and unsure of your rights. The best way to get answers is by speaking to a criminal defense attorney. In the meantime, check out the answers to some of our most frequently asked questions.
• Am I eligible for Conditional Discharge?
Georgia’s Conditional Discharge program allows certain drug offenders the chance to avoid jail time by agreeing to probation. It is reserved for people convicted of first-time drug offenses (using or possessing) or first-time property crimes that were fueled by drug addiction or abuse. The purpose of the program is to reduce recidivism and encourage first-time offenders to correct courses.
• Are weed edibles legal in Georgia?
Although weed edibles are legal in a number of states, Georgia is not one of them. Georgia’s medical marijuana laws allow qualified individuals to possess and consume low-THC oils, but it is illegal in any other form, including in edibles.
Beating Your Drug Possession Charge Is Possible
Being charged with any crime is scary, but drug possession charges can be especially intimidating, especially in Georgia. Our state takes drug crimes very seriously and punishes many offenders to the highest degree. That’s why it’s critical that you partner with an attorney who’s as invested in saving your future as you are.
When you’re ready to start building your defense, the possession lawyers at Joseph Williams Law are ready to help. Get in touch with us online to schedule a case evaluation, or contact our law office by calling (912) 259-6548.
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