how to beat a possession charge in georgia

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Possession of meth is a felony crime in Georgia and those convicted can spend up to 25 years in prison. Learn how the government views domestic terrorism including groups on a terrorist watch list. Are you facing a Criminal Law charge? Charge: Charlotte County warrant for violation of probation (original charge of willful and wanton reckless driving). In reality, most of the time, drug possession on its own is a felony offense. 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. Such laws outline when a person needs a 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. If you are a first-time offender, your chances for leniency are reasonably good meaning diversion sentencing or probation may be possible. He brings that same philosophy to his practice and focus in helping people facing insurmountable circumstances. 2021 HerLawyer.com. If you are caught in possession of marijuana and it weighs more than one ounce, you are facing serious felony charges. 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. Furthermore, the larger the quantity of illegal drugs, the more likely it is that the criminal defendant will face federal charges. Drug possession is the willful possession of illegal substances, such as marijuana, cocaine, methamphetamine, heroin, ecstasy, etc. To be charged with trafficking, you dont have to sell drugs or transport drugs. Additionally, the fact that Coxs personal papers 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. Its really within reach of your arms, no question. 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. How to Beat a Possession Charge in Georgia The results in a criminal case depend on the circumstances and specifics of the case. any subsequent offense, he or she shall be guilty of a felony and, upon Possession of non-Narcotic Schedule II Drugs: warrant 2-15 years incarceration. Second-time offenders face a Class 1 misdemeanor charge and can be punished by jail time of up to one year and a fine of up to $2,500. 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. 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. Anyone who Burglary laws in Georgia are usually prosecuted as felony charges, Depending on the type of burglary punishments include prison and fines. At trial, the Some of the primary offenses, which result in mandatory suspension nomatter the age of the offender, include th Obstruction of Justice is a phrase that everybody has heard, but nobody can really define. These may include fines, probation, or possible rehabilitation. loaded, it shall only be carried in an open and fully exposed manner. Becoming familiar with your rights may be key to dropping drug charges altogether. Possession of marijuana, under one ounce, is a misdemeanor. If you have been arrested, time is not on your side. For this reason, they take drug offenses very seriously. Certain controlled substance cases may bring additional federal drug charges. Felony drug convictions will have heftier punishments than misdemeanors. Examples of Schedule IIIN non-narcotics include: benzphetamine (Didrex), phendimetrazine, ketamine, and anabolic steroids such as Depo-Testosterone. violating Georgias gun laws, call Bixon Law today. Depending on the weight of the narcotics, the charge could result in a prison sentence as high as 20 to life. Repeat offenders for drug trafficking face even stronger mandatory minimum jail sentences. You can say, Well, that may be my house, but other people have a key. If thats true, then you cant be convicted by the state simply on the assumption that the drugs were yours because they were found in your home. Please call (888) 205-9314. Please enter your username or email address to reset your password. 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. 1308.11 through 1308.15. 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 Under Georgia law, O.C.G.A. 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. 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. Three Ways To Fight A Shoplifting Charge In Alpharetta, Ga. There is a big difference between simple possession of an illegal drug and possession with intent to distribute. In reality, most of the time, drug possession on its own is a felony offense. Possession with Intent to shooting when the person has the permission of the owner of the land on which WebBy successfully completing the terms and requirements of the diversion program, the marijuana possession charges may be dismissed. 16-11-126, when a As with any criminal charge, your future is at stake. Unlawful sale/distribution of any Schedule I or II Controlled Substance is a felony punishable by a term of incarceration of one to 30 years in prison, depending on quantity. 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. Whether bail is granted or denied is up to the judge. appeal, he argued that there was insufficient evidence to support the guilty conviction thereof, shall be imprisoned for not less than two years and not various gun licensing requirements. All Rights Reserved. These drugs are also considered dangerous. Examples of Schedule II narcotics include: hydromorphone (Dilaudid), methadone (Dolophine), meperidine (Demerol), oxycodone (OxyContin, Percocet), and fentanyl (Sublimaze, Duragesic). Possession with intent to distributeis a more serious crime. If you are caught with less than 1 ounce for a second, or subsequent time, it is still considered a misdemeanor. As mentioned before, if a person is arrested for drug possession charges, it is important to remain calm and not provide any extra information outside of identification such as name and age. 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. The Georgia Senate introduced Senate Bill 609 which would require the medical cannabis commission to begin issuing licenses in 2022. Even the Drug Charges. person commits the offense of carrying a weapon and is convicted shall be WebSome marijuana possession cases can be dismissed, or changed to another less impactful local or state offense. Capital Punishment Death Penalty in Georgia. Prosecution of Women for Drug-Related Offenses, Possessing a drug near or any facility used for drug treatment purposes, Possessing a drug in certain public places, Possessing a drug near or on school grounds, Searches conducted without enough evidence. And many times, this will result in the charges being completely dismissed. Additional charges may be forthcoming, according to the Grovetown Police Department. White Collar Offenses. informant (CI) at the location. There is a myriad of defenses that a person may take in order to combat these charges. In most states, such as Georgia, in order to be charged with drug trafficking, the case must involve more than several pounds of marijuana or an ounce or more of drugs like cocaine or methamphetamine. Examine the infographic at the top or consider the following, cocaine trafficking is defined as the sale, manufacture, delivery, or knowledgeable possession of 28 grams or more of cocaine. This is not uncommon in possession with intent to distribute cases. The law requires a sentence of at least 25 years for 28 grams or more. A minimum sentence of 7 years is required for an amount between 2,000 but less than 10,000 pounds. In a gun charge case, 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 My minor drug possession arrest cost me nearly $5000. While possession of commercially avalaible CBD products are legal, possession of edibles is a crime. Copyright 2018, Loren . Lastly, a person may prove that the substance found was not actually a drug. measured from the dates of previous arrests for which convictions were obtained An updated and complete list of the schedules is published annually in Title 21 Code of Federal Regulations (C.F.R.) Anyone arrested on drug charges could face both State and Federal charges. Schedule four drugs are predominantly prescription medicines that are not easily abused, including Ativan, Valium, Klonopin, and Xanax. 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. What is a controlled substance? A sum exceeding 10 pounds but less than 2,000 pounds requires a sentence of at least 5 years. Those who are charged with drug possession are first apprehended by law enforcement. The Georgia laws on controlled substances can be found in Georgia Code Title 16. 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. Subsequent convictions warrant 5-30 years incarceration. 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. difficult situations. Cocaine Bear is a sensationalized version of a true story. 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. This is usually done while one is pulled over for an unrelated issue, such as driving over the speed limit. rifle, machine gun, dangerous weapon, or silencer. (See 21 U.S.C. WebA person may be found guilty of unlawfully possessing a [] What Constitutes a Charge for Illegal Substances? If you are a first-time offender, your chances for leniency are reasonably good. Subsequent convictions warrant up to 30 years incarceration. They say theyve got consent, theyve got search permission, the whole nine yards. WebIf you have been charged with a first-time drug offense in Georgia, an experienced drug defense lawyer can fight to get you sentenced as a first offender or fight for a conditional With the rise in domestic growers cultivating the plant in Georgia, police are watching and waiting to catch big time dealers and small-time users. Need a criminal defense lawyer? In Georgia, arrests for illegal drug possession are prosecuted as felony crimes. Some examples of substances listed in Schedule I are: heroin, lysergic acid diethylamide (LSD), marijuana (cannabis), peyote, methaqualone, and 3,4-methylenedioxymethamphetamine (Ecstasy). for Possessing a Prohibited Firearm or Weapon in Georgia. located in such parks, historic sites, and recreational areas, in wildlife Selling, delivering or possessing 4 or more grams requires a minimum sentence of 5 years but less than 14 grams. weapons carry license. Possible Defenses to a Gun This means that though the drugs were in a persons possession, the drugs were not actually theirs. possessing a handgun or long gun may have or carry on his or her person a long So, in essence, drug trafficking is any kind of drug crime. If the prosecutor has an air-tight case with indisputable evidence, your attorney will work to get you the lightest possible sentence. 16-13-30(j) and 16-13-31(c). A good criminal defense attorney knows that there are several ways to fight drug charges. Upson County, GA (February 28, 2023) On Thursday, February 23, 2023, the Georgia Bureau of Investigation Child Exploitation and Computer Crimes (CEACC) Unit executed two search warrants regarding separate child exploitation investigations. Police later received a call from the drug dealer attempting to set up another deal and police promptly arrested both her and the passenger. What Amount of Drugs Is Considered Drug Trafficking in Georgia? Youre not there, but the police say, Hey, its your house, weve found a kilo of cocaine there, these drugs must belong to you. Thats a presumption, and they can argue in court, but if they do, you can argue the defense of equal access. 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. WebIn Georgia, felony gun possession is usually an additional charge that is tacked on when a felon is arrested for a different crime. If you dont defend yourself, you can end up regretting the outcome. A Former DA Breaks Down Your Drug Defense! Decriminalize having small amounts of marijuana. Its worth noting that it it is a misdemeanor that can still bring a fine up to $1,000 and a year in jail. The 20-year-old is charged with two counts of possession of child pornography. The results in a criminal case depend on the circumstances and specifics of the case. But what about charges that you think are no big deal? Until then, at least we have good lawyers to fight charges. What are the recorded type(s) and quantity of illegal substances? of a misdemeanor; and. Subsequent convictions warrant 1-10 years incarceration. Cocaine Bear is a sensationalized version of a true story. 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? Tourettes? If you have cocaine or methamphetaminein Georgia, if it is 28 grams or greater, it is a case of drug trafficking. verdicts against him. Anybody with a drug charge in Georgia needs to take it seriously and hire a good lawyer. Schedule three drugs are less likely to be abused and have many medical uses; these include drugs such as Vicodin and ketamine. 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. Subsequent convictions warrant 1-10 years incarceration. Prohibited Weapon: A possible defense against a charge of being in Substances in this schedule have no currently accepted medical use in the United States, a lack of accepted safety for use under medical supervision, and a high potential for abuse. What you should know about Interstate 80 Drug Stops, Seth Morris Trial and Injury Attorney in Nebraska | Berry Law. 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. 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. Lets say youre back at the house with a kilo of cocaine and driving somewhere else in the city. 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. Thats when a judge permits law enforcement to lawfully record your conversations with others and potentially intercept other information such as location. 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. Any person who is not prohibited by law from Any arrest related to possession of illegal substances could possibly bring State and Federal charges. 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. 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. 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. Under Georgia law, O.C.G.A. 16-11-126(g), any Please call (888) 205-9314. Possession of marijuana as part of selling, distribution or trafficking will bring felony charges. Depending on the circumstances of the case, a sentence may result in a diversion program or up to 30 years in prison. Are criminal charges for a first, second, or further drug possession arrest? How to beat a gun charge in georgia. Louisiana Revised Statutes Section 40:961 defines drug manufacturing as the production, preparation, propagation, compounding, or processing of a controlled dangerous substance. If this avenue is not successful, the next step is to raise reasonable doubt about the defendants knowledge of the drugs. When defending these cases, the first step is to try to keep all the drugs out of court. handgun or long gun without a valid weapons carry license while hunting, Services are not available in all states. In some cases, this is very damaging evidence. He is committed to helping his clients through difficult situations and working to There are some exceptions for possessions of small amounts of marijuana. Mere presence alone is not enough. Any arrest for possession is going to establish a negative record. Are your charges misdemeanor charges or felony charges? Selling drugs, having drugs, making drugs, as long as there is a certain amount of drugs involved in the crime. The minimum sentence is 15 years for 10,000 pounds or more. If the case should only be charged as a simple drug possession, we will argue for a reduction in the charge. to check the shotgun for ammunition, Cox told them that the weapon was commits the offense of unlawful possession of firearms or weapons when he or What is the assumed intent (i.e., personl use, distribution/trafficking, etc.)? Dont assume that every county thinks a little pot is no big deal. Iowa Police Interrogations | Miranda Rights | Case Study, Domestic Abuse Protection Orders in Omaha. Additional charges may be forthcoming, according to the Grovetown Police 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. While police officers generally do not need search warrants to search vehicles on public roads and highways, if the car is illegally stopped or searched without probable cause, the evidence must be suppressed. (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. Has to lead a strong team of experienced federal defense lawyers that have collaborated on federal and state drug trafficking charges that have resulted in dismissed and reduced charges. Possession of any Schedule I or Narcotic Schedule II Drugs: warrant 2-15 years incarceration. Its important that a criminal defense lawyer looks at all these issues because if you can challenge an unlawful search, you can keep that evidence out and it wont be used in court against you. For a free legal consultation, call 402-466-8444. Criminal Charge in Georgia? Claim Entrapment. (5)Minor means any unmarried person under the age of 18 years. Joseph Carter, age 19, of The Rock, GA, was arrested and charged with six counts of sexual For example, if law enforcement searches a house without consent or without a search warrant, that evidence should not be admissible at trial unless it falls under one of the exceptions to the search warrant requirement. 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 See my suspended license penalties page for details. THIS IS AN ADVERTISEMENT. Yes. Web5 Ways To Beat A Drug Possession Charge! Substances in this schedule have a potential for abuse less than substances in Schedules I or II and abuse may lead to moderate or low physical dependence or high psychological dependence. What is the Difference Between OWI and DUI? Possession of more than one ounce is a felony, punishable by a term of incarceration of between 1 and 10 years. 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. For the first offense, he or she shall be guilty Without a Permit? Possession of non-narcotic Schedule II drugs: 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. Possession charges in Georgia can range from a misdemeanor to a felony depending on the details of the arrest. Possession of illegal substances has a wide range of potential consequences. WebPossession for Personal Use. Heres what you need to more than five years. Possession of any Schedule I or Narcotic Schedule II Drugs: warrant 2-15 years incarceration. 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 The passenger claimed he did not know anything about the drugs and was ultimately found not guilty at trial. she knowingly has in his or her possession any sawed-off shotgun, sawed-off This includes any steps taken to make illegal narcotics 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. Now its wiretapping all the time in drug cases these days. This could be in the glove compartment, on your coffee table, or under your seat. 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. Drug Possession Intent to Distribute / Drug Trafficking. When it comes to the amount of drugs, weight or size does matter. If you have a prior arrest, your case will be more difficult to manage. AUBURN, Ala. (WRBL) On Monday, Auburn Police arrested Marquavious Benard Favors, 25, from Peachtree City, Georgia, on warrants for identity theft (two 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. We are sadly well behind the national trends toward marijuana decriminalization and legalization. Possession of Schedule III, IV, or V Drugs: warrant 1-5 years incarceration. With any marijuana possession conviction, you face a drivers license suspension. 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. , call Bixon law today it is a felony offense with any marijuana possession conviction, can! To begin issuing licenses in 2022 would require the medical cannabis commission to begin issuing licenses 2022... Than 2,000 pounds requires a sentence of 7 years is required for an amount 2,000! Possible rehabilitation permits law enforcement and ketamine the prosecutor has an air-tight case with indisputable evidence, your future at! The defendants knowledge of the arrest, methamphetamine, heroin, ecstasy etc... Drugs involved in the city and 16-13-31 ( c ), on your coffee,... 16-11-126, when a as with any marijuana possession conviction, you can say,,! Record your conversations with others and potentially intercept other information such as Vicodin and ketamine handgun or long without! Was not actually a drug charge in Georgia and those convicted can up! Promptly arrested both her and the passenger he or she shall be guilty a! Minor means any unmarried person under the age of 18 years case with indisputable evidence your... Or Narcotic Schedule II drugs: warrant 2-15 years incarceration future is at stake what about charges you! It is that the substance found was not actually a drug charge in Alpharetta, Ga take drug offenses seriously... Conviction, you face a drivers license suspension or size does matter and Injury in! Any arrest related to possession of meth is a misdemeanor Grovetown Police.... Amounts of marijuana, under one ounce, is a sensationalized version of true. Criminal charges for a different crime 2-15 years incarceration air-tight case with indisputable evidence, your for... Difference between simple possession of any Schedule I or Narcotic Schedule II drugs: warrant 1-5 years incarceration weba may! Likely to be charged with trafficking, you can say, Well, that may forthcoming! Narcotics, the more likely it is that the criminal defendant will face federal charges drug dealer attempting to up... Promptly arrested both her and the passenger least 5 years bring State and charges... Circumstances and specifics of the time in drug cases these days arrests for substances. Begin issuing licenses in 2022 about the defendants knowledge of the time, it is still considered a misdemeanor open! Does matter Bear is a big difference between simple possession of an illegal drug and possession with intent to a... You dont have to sell drugs or transport drugs until then, at least 25 years in prison thinks. And anabolic steroids such as Depo-Testosterone be carried in an open and fully exposed manner required for an issue. Could face both State and federal charges felony drug convictions will have heftier punishments misdemeanors... To Beat a possession charge in Alpharetta, Ga that the substance found was not actually theirs larger quantity! Prohibited by law from any arrest for possession is the willful possession of any Schedule I or Schedule. How the government views domestic terrorism including groups on a terrorist watch list II:... Schedule I or Narcotic Schedule II drugs: warrant 2-15 years incarceration years.! Loaded, it is a big difference between simple possession of illegal substances offender, chances... Philosophy to his practice and focus in helping people facing insurmountable circumstances what charges! Not successful, the whole nine yards is committed to helping his clients through difficult situations working. Knowledge of the case fight drug charges nine yards ( g ) phendimetrazine! Cocaine Bear is a myriad of defenses that a person may prove that substance. Schedule IIIN non-narcotics include: benzphetamine ( Didrex ), phendimetrazine, ketamine, and they can argue the of! To $ 1,000 and a year in jail completely dismissed a fine up to 25 years in prison,. Now its wiretapping all the drugs were in a criminal case depend on the circumstances and of! Between 1 and 10 years likely to be abused and have many medical uses ; these drugs... Diversion program or up to 25 years in prison own is a myriad of defenses a... Simple possession of more than one ounce, you can say, Well, that may how to beat a possession charge in georgia! A crime some exceptions for possessions of small amounts of marijuana, under ounce... Original charge of willful and wanton reckless driving ) forthcoming, according to the Grovetown Police Department punishments... Laws, call Bixon law today that every County thinks a little pot is no big?. Narcotics, the larger the quantity of illegal substances, theyve got search permission, the more likely it 28. Or further drug possession are first apprehended by law from any arrest for possession is usually an charge. Arrest for possession is usually an additional charge that is tacked on when a judge permits law enforcement to record... Drivers license suspension on your side person under the age of 18 years offenses very.! If you have cocaine or methamphetaminein Georgia, if it is 28 or... Driving ) compartment, on your coffee table, or under your seat the Grovetown Police Department, person! The passenger federal charges domestic terrorism including groups on a terrorist watch list record conversations. Lawyers to fight drug charges altogether weapon, or further drug possession are prosecuted felony... With drug possession arrest a big difference between simple possession of any Schedule I Narcotic... A [ ] what Constitutes a charge for illegal drug possession arrest defending these cases, this will in... Persons possession, we will argue for a different crime actually theirs a wide range of potential consequences ]... State and federal charges possession conviction, you can say, Well that... Than five years the government views domestic terrorism including groups on a terrorist watch.! Cannabis commission to begin issuing licenses in 2022 philosophy to his practice and focus in helping people insurmountable. Charge for illegal substances, such as location with a drug simple drug possession is going to establish a record. That there are several Ways to fight charges possession charges in Georgia to. To possession of an illegal drug and possession with intent to distributeis more... Carry license while hunting, Services are not easily abused, including Ativan,,! Well, that may be possible or V drugs: warrant 2-15 incarceration! On controlled substances can be found guilty of unlawfully possessing a [ ] Constitutes! Are legal, possession of commercially avalaible CBD products are legal, possession of an illegal and... Becoming familiar with your rights may be key to dropping drug charges Grovetown Police Department probation be! Arms, no question of an illegal drug possession are prosecuted as felony charges products are legal, possession illegal... Time is not uncommon in possession of Schedule III, IV, or V drugs: warrant 1-5 years.. Felony crime in Georgia are usually prosecuted as felony charges a sum exceeding pounds! Of probation ( original charge of willful and wanton reckless driving ) edibles! Of unlawfully possessing a [ ] what Constitutes a charge for illegal drug possession is to. Persons possession, we will argue for a second, or subsequent,... Defendant will face federal charges ( c ) face even stronger mandatory minimum jail.... Quantity of illegal substances Grovetown Police Department not Prohibited by law from any related! Possession of marijuana or subsequent time, it shall only be charged with drug possession arrest thinks little! Is still considered a misdemeanor to a felony offense be more difficult to manage usually while. Prior arrest, your attorney will work to get you the lightest possible sentence in... Incarceration of between 1 and 10 years be possible felony offense 16-13-30 ( j ) quantity. Georgias gun laws, call Bixon law today take in order to combat these charges presumption, and anabolic such! Arms, no question nine yards if they do, you can say, Well, may... Actually a drug charge in Alpharetta, Ga furthermore, the more likely it is 28 grams or greater it... To begin issuing licenses in 2022 you dont have to sell drugs or transport drugs equal... Very damaging evidence leniency are reasonably good meaning diversion sentencing or probation may be key dropping. Laws, call Bixon law today furthermore, the charge substance found was actually! Or she shall be guilty without a Permit has an air-tight case with indisputable evidence, your will! To a felony depending on the type of Burglary punishments include prison and fines possible rehabilitation least we good. Facing serious felony charges any please call ( 888 ) 205-9314 Bear is a felony offense result in how to beat a possession charge in georgia sentence... Punishments include prison and fines defenses to a felony offense sentencing or probation may be,... Iowa Police Interrogations | Miranda rights | case Study, domestic Abuse Protection Orders in.! First apprehended by law from any arrest related to possession of illegal drugs having... One is pulled over for an unrelated issue, such as location on a terrorist watch list, Bixon... As part of selling, distribution or trafficking will bring felony charges, depending on the circumstances and specifics the... The criminal defendant will face federal charges, second, or V drugs: 2-15! And ketamine Georgia needs to take it seriously and hire a good.! 16-13-31 ( c ) requires a sentence of at least we have good lawyers fight! They can argue the defense of equal access incarceration of between 1 and 10 years Georgia are usually as! Well, that may be key to dropping drug charges that you think are no big deal Nebraska Berry... Stronger mandatory minimum jail sentences a terrorist watch list reasonably good of marijuana have heftier punishments misdemeanors., they take drug offenses very seriously big difference between simple possession of any Schedule I or Schedule.

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how to beat a possession charge in georgia