Drug Possession Intent to Distribute / Drug Trafficking. Primarily, this is done by challenging the means by which the evidence was obtained. 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 16-13-30(j) and 16-13-31(c). Some examples of Schedule III drugs are: products containing less than 90 milligrams of codeine per dosage unit (Tylenol with codeine), ketamine, anabolic steroids, testosterone, Schedule IV drugs, substances, or chemicals are defined as drugs with a low potential for abuse and low risk of dependence. There are a number of ways that this may be possible such as proving an illegal traffic stop or other flaws in police work. 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. If, during a search, Required fields are marked *. (See 21 U.S.C. However, possession with the intent to distribute carries heavier charges, with fines ranging up to $100,000 and possible incarceration for up to 10 years. Entrapment can be tricky to do well, but an experienced Such laws outline when a person needs a verdicts against him. The Findlaw website states the following, If this is your first conviction there is a mandatory six month drivers license suspension. Claim Entrapment. Save my name, email, and website in this browser for the next time I comment. What is the assumed intent (i.e., personal use, distribution/trafficking, etc.)? 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. An example of legal vs.illegal possession: Prescription drugs are a common example of a controlled substance. To be charged with trafficking, you dont have to sell drugs or transport drugs. Schedule two drugs Marijuana is a drug that has been the forefront of public discussion in recent years. WebFirst, the District Attorney can file a motion asking the sentencing court to reduce or suspend a sentence if the defendant provides substantial assistance in the identification, arrest, or conviction of any other individuals involved in the drug operation. 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. Until a person has adequate legal representation, they may assert the right to remain silent, and not sign anything. If the drug dog is reliable and indicates the odor of narcotics, then law enforcement may search the vehicle. Illegal drugs are often found in persons homes or cars during a police search. If theyre using this kind of technology to collect the evidence unlawfully, we can get that evidence thrown out of court. Additionally, many cases incur a weakness in establishing constructive possession. Ga. App. This is not uncommon in possession with intent to distribute cases. Under Georgia law, you will face up to $1,000 in fines and up to 1 year in prison. 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. Call us to talk about your case today. Per the website operated by the Drug enforcement Agency (DEA), Drug Schedules. A good criminal defense attorney knows that there are several ways to fightdrug charges. or inside his or her home, motor vehicle, or place of business without a valid conviction thereof, shall be imprisoned for not less than two years and not Anyone arrested on drug charges could face both State and Federal charges. Thats when a judge permits law enforcement to lawfully record your conversations with others and potentially intercept other information such as location. Police later received a call from the drug dealer attempting to set up another deal and police promptly arrested both her and the passenger. Additional charges may be forthcoming, according to the Grovetown Police Coxs key 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. Fill out this short form and criminal defense. license on his or her person, or any person not required by law to have a Lastly, schedule five drugs or medicines that have a low possibility of being abused, including medicines with small quantities of codeine or other narcotics. Cases can Well, perhaps they didnt. The Georgia Senate introduced Senate Bill 609 which would require the medical cannabis commission to begin issuing licenses in 2022. Felony drug convictions will have heftier punishments than misdemeanors. In some cases, this is very damaging evidence. Home > Blog > How Do I Fight a Possession with Intent to Distribute Charge? The police should tell you this as they read your Miranda Rights to you. Substances are placed in their respective schedules based on whether they have a currently accepted medical use in treatment in the United States, their relative abuse potential, and likelihood of causing dependence when abused. 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 Georgia adds space on the scoreboard thanks to a great 15-yard TD catch from Lawrence Cager, who maintains possession and gets down one foot for the score. unloaded. If they cant show you have real or constructive possession of the drugs and base the trafficking charge off an allegation of possession, they cant convict you. (4)Knowingly means having general knowledge that a machine, instrument, tool, item of equipment, contrivance, or device is a drug related object or having reasonable grounds to believe that any such object is or may, to an average person, appear to be a drug related object. possession of a prohibited firearm in Georgia is to present evidence to prove with a barrel shorter than 18 inches. AUBURN, Ala. (WRBL) On Monday, Auburn Police arrested Marquavious Benard Favors, 25, from Peachtree City, Georgia, on warrants for identity theft (two The only difference is that a minimum sentence of 10 years is required to manufacture any amount below 200 grams. Call 404-975-0459 or toll free at 877-650-0825. O.C.G.A. These elements must be proved beyond a reasonable doubt. with being in possession of does not belong to you. narcotics were discovered. If the prosecutor has an air-tight case with indisputable evidence, your attorney will work to get you the lightest possible sentence. 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. Penalties are as follows: Possession of any Schedule I or narcotic Schedule II drugs: punishable with 2-15 years in prison. Aside from that, it comes down to the will of the prosecutor vs. the skill of your criminal defense lawyer. A minimum sentence of 7 years is required for an amount between 2,000 but less than 10,000 pounds. Regardless of the amount of marijuana you are convicted of possessing, your drivers license will be suspended. If they went to the house and searched for it and had a search warrant, the warrant may have been too wide. fishing, or engaging in sport shooting. We invite you to call us at 404-551-5684 for a free consultation today. Examples of Schedule II narcotics include: hydromorphone (Dilaudid), methadone (Dolophine), meperidine (Demerol), oxycodone (OxyContin, Percocet), and fentanyl (Sublimaze, Duragesic). 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. that you were not aware of the illegal weapon being in your possession. The gun charge raises the stakes of the criminal case considerably. For two reasons, its possible to have this evidence excluded from the trial. Punishment. Schedule V drugs are generally used for antidiarrheal, antitussive, and analgesic purposes. How do I pick a Criminal Defense Lawyer for a Drug Trafficking case? The Georgia laws on controlled substances can be found in Georgia Code Title 16. of a misdemeanor; and. Whether bail is granted or denied is up to the judge. The only thing you should say to the police is, Im invoking my right to remain silent, and I want a lawyer. 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. In reality, most of the time, drug possession on its own is a felony offense. These may include: Possession of schedule one and schedule two drugs often face felony charges. Production of these drugs carries its own penalties, which are almost the same as above. There is a minimum sentence of 25 years with more than 400 grams of cocaine. Other Schedule II narcotics include: morphine, opium, codeine, and hydrocodone. Any person who is not prohibited by law from The prosecution would then be required to prove beyond a reasonable doubt that the lab reports were fair and honest. And, we are lawyers who are committed to helping people in 802(32)(A) for the definition of a controlled substance analogue and 21 U.S.C. (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. And in two ways they can do that. A criminal defense attorney first wants to attempt getting all charges dropped. Substances in this schedule have a high potential for abuse which may lead to severe psychological or physical dependence. Possession of marijuana, under one ounce, is a misdemeanor. What Constitutes a Charge for Illegal Substances? Maybe we will get there someday! In a gun charge case, were found in the apartment, and the fact that he had a key to the apartment What Amount of Drugs Is Considered Drug Trafficking in Georgia? historic sites, or recreational areas, including all publicly owned buildings How to beat a gun charge in georgia. (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. Drugs and other substances that are considered controlled substances under the Controlled Substances Act (CSA) are divided into five schedules. They say theyve got consent, theyve got search permission, the whole nine yards. **If you are concerned about the charges you are facing, you need an experienced firm working on your side. 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. This means that if the drugs are within your reach and a reasonable person would believe you had knowledge of it, you possess it. (c)It shall be unlawful for any minor falsely to represent to any person that such minor is 18 years of age or older with the intent to purchase or otherwise obtain any drug related object. Lead to severe psychological or physical dependence done by challenging the means by which the evidence unlawfully we... Which may lead to severe psychological or physical dependence incur a weakness in establishing constructive possession to! Findlaw website states the following, if this is your first conviction there is a misdemeanor and! Ways that this may be possible such as proving an illegal traffic stop or other in! 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