What are the relevant State and/or Federal sentencing guidelines for charges filed against you? Pleading for lesser charges or an alternative offer may be a way for you to drastically reduce penalties or have them dropped completely. Possession of marijuana as part of selling, distribution or trafficking will bring felony charges. The law requires a minimum sentence of 15 years for quantities of at least 200 grams but less than 400 grams. In a gun charge case, (4)The person was acting in his capacity as an employee or official of any governmental agency, governmental institution, public school or other public educational institution, any bona fide private school, educational institution, health care facility, or institution; or the person was acting in his capacity as a registered pharmacist or veterinarian or under the direction of a registered pharmacist or veterinarian to sell such object for a legitimate medical purpose. Possession charges within a school zone carry much harsher sentences. Upson County, GA (February 28, 2023) On Thursday, February 23, 2023, the Georgia Bureau of Investigation Child Exploitation and Computer Crimes (CEACC) Cocaine Bear is a sensationalized version of a true story. If you have been charged with or are being investigated for (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. This can happen if there was an illegitimate traffic stop, unreasonable search, or other police misconduct. know. Selling drugs, having drugs, making drugs, as long as there is a certain amount of drugs involved in the crime. Additionally, many cases incur a weakness in establishing constructive possession. This is not uncommon in possession with intent to distribute cases. The Findlaw website states the following, If this is your first conviction there is a mandatory six month drivers license suspension. The best criminal defense lawyers do extensive work up front to understand the case, then engage the prosecutor to discuss the strength of the case. You need Michael Bixon representing your rights. Virginia code 18.2-250.1 makes possession of marijuana a Misdemeanor offense. 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. Some examples of Schedule I drugs are: heroin, lysergic acid diethylamide (LSD), marijuana (cannabis), 3,4-methylenedioxymethamphetamine (ecstasy), methaqualone, and peyote. 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. The difference between possessing illegal drugs and possessing illegal drugs with intent to distribute is huge in the criminal justice system. A sum exceeding 10 pounds but less than 2,000 pounds requires a sentence of at least 5 years. Selling, delivering or possessing 4 or more grams requires a minimum sentence of 5 years but less than 14 grams. There may not have been enough likely cause to support the warrant. weapons carry license. Tourettes? You have constructive possession of these drugs in that case. hunting or fishing license, who is engaged in legal hunting, fishing, or sport with a barrel shorter than 18 inches. An updated and complete list of the schedules is published annually in Title 21 Code of Federal Regulations (C.F.R.) 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. If they went to the house and searched for it and had a search warrant, the warrant may have been too wide. 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. Amounts ranging from 28 to less than 200 grams will result in a sentence of at least 10 years. SAVANNAH, GA: Eleven defendants face federal charges including illegal possession of firearms and drug possession after separate indictments by a grand jury in the Southern District of Georgia, while recent actions in U.S. District Court include guilty pleas and criminal sentences related to illegal gun possession. For a first conviction, a person faces a maximum of 1 year in jail. On What Constitutes a Charge for Illegal Substances? Coxs key 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. If you or a loved one would like to learn more about Beat a Drug Possession Charge, get your free consultation with one of our most qualified attorneys today! It is well known that the laws for drug possession, as well as drug manufacture, in Georgia are relatively strict. If the violation is clearly bogus, any evidence found should be suppressed. However, if the government decides, We will charge you with trafficking because we understand that in your home or car you have a kilogram of cocaine. Now we can show the quantity because its a kilo of cocaine, but weve got to show that those drugs belonged to you too. This is usually done while one is pulled over for an unrelated issue, such as driving over the speed limit. Possession of marijuana, under one ounce, is a misdemeanor. This material is for informational purposes only. loaded, it shall only be carried in an open and fully exposed manner. Aside from that, it comes down to the will of the prosecutor vs. the skill of your criminal defense lawyer. Subsequent convictions warrant 1-10 years incarceration. there are some possible defenses: The Handgun Did Not Belong to You: If you have been charged with violating Georgias gun laws, Namely, it is important to understand your Fourth Amendment rights and how they protect you from unreasonable searches and seizures. And many times, this will result in the charges being completely dismissed. numerous charges, including one count of possession of a sawed-off shotgun. Another way to fight possession with intent to distribute cases is to challenge whether the defendant actually knew about the substances found. Entrapment can be tricky to do well, but an experienced Possession with intent to distributeis a more serious crime. In other instances, the issue is not whether the person possessed an unlawful controlled substance, but whether they possessed enough of it to be found in possession with intent to distribute when there are no scales, baggies, or incriminating text messages. Trafficking methamphetamine/amphetamine involves selling, delivering, or possessing 28 grams or more of methamphetamine or amphetamine. Subsequent convictions warrant 1-10 years incarceration. Such laws outline when a person needs a 16-11-126, when a For the second or any subsequent offense, a person violating subsection (b) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years or by a fine of not less than $1,000.00 nor more than $5,000.00, or both. scene. The 20-year-old is charged with two counts of possession of child pornography. Any person who is not prohibited by law from There are defenses against a drug trafficking charge, and in cases like this, we have used many defenses effectively to represent people. How do I pick a Criminal Defense Lawyer for a Drug Trafficking case? Primarily, this is done by challenging the means by which the evidence was obtained. Mere presence alone is not enough. While this can manifest in many different ways, some key ways are: Considering how prevalent drug possession charges have become, it is extremely important to be equipped with the proper tools to defend yourself against any unreasonable violations. With any marijuana possession conviction, you face a drivers license suspension. (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. against you reduced. With adequate time to intervene and prepare, and a good command of the facts, they can mitigate the severity of consequnces. 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. penalties for violating Georgias gun laws. A friend got busted for a tiny amount of weed. Learn how the government views domestic terrorism including groups on a terrorist watch list. This website is intended to provide general information and you should not rely on this website or its contents as a source of legal advice. The potential outcome for any criminal case depends largely on the facts of the case, the attitude of the prosecutor, and the skills of your defense lawyer. The Georgia Senate introduced Senate Bill 609 which would require the medical cannabis commission to begin issuing licenses in 2022. Some examples of substances listed in Schedule I are: heroin, lysergic acid diethylamide (LSD), marijuana (cannabis), peyote, methaqualone, and 3,4-methylenedioxymethamphetamine (Ecstasy). Simple possession is often considered a misdemeanor and carries lighter consequences. But even if theyre not with you at the time, you can also possess drugs. This includes those who manufacture, transport, deliver, and sell to the end user. 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. You dont have that cocaine with you now, but you both have the power and the intention to go back and get it. Penalty Such reduced penalties could be reduced fines, shorter jail sentences, or going to rehab instead of jail. Depending on the circumstances of your arrest, and the attitude of the prosecutors office, things could get ramped-up and aggressively pursued in a trial. If you are caught in possession of marijuana and it weighs more than one ounce, you are facing serious felony charges. What are Drug Schedules? Marijuana trafficking is defined as the sale, manufacture, grow, supply or possession of more than 10 pounds of marijuana. 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 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. Its worth noting that it it is a misdemeanor that can still bring a fine up to $1,000 and a year in jail. various gun licensing requirements. Under Georgia law, O.C.G.A. 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. A conviction, whether it is diversion, plea deal or jury trial, will leave you with a criminal record. located in such parks, historic sites, and recreational areas, in wildlife I definitely recommend shopping around for a lawyer with reasonable fees. What Constitutes a Charge for Illegal Substances? For Michael, going out of his way for his clients, being available 24 hours a day, seven days a week, and ensuring they receive just representation is the only way to operate his practice. (d)No person shall be guilty of violating subsection (b) of this Code section if: (1)The person had reasonable cause to believe that the minor involved was 18 years of age or older because the minor exhibited to such person a drivers license, birth certificate, or other official or apparently official document purporting to establish that the minor was 18 years of age or older; (2)The person made an honest mistake in believing that the minor was 18 years of age or over after making a reasonable bona fide attempt to ascertain the true age of the minor; (3)The person was the parent or guardian of the minor; or. Additionally, the fact that Coxs personal papers If you have a prior arrest, that is a factor that will complicate your defense. There is a minimum sentence of 25 years with more than 400 grams of cocaine. person shall not carry a handgun into a place where it is prohibited by federal (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. The State Cannot Prove the You Knowingly Possessed a is enclosed in a case and unloaded. You need Michael Bixon representing your rights. There is a big difference between simple possession of an illegal drug and possession with intent to distribute. 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. What are the relevant State and/or Federal sentencing guidelines for charges filed against you? Related: Drug/Alcohol-Related Sexual Assault. Yes, it did start out with some children and their parents that came to the balcony, that came to the rotunda, but friends, I will tell you, this affects young and old. 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. 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 Any person who is not prohibited by law from 813 for the schedule.)2. Depending on the circumstances of the case, a sentence may result in a diversion program or up to 30 years in prison. For the first offense, he or she shall be guilty license on his or her person, or any person not required by law to have a 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. support the jurys finding that Cox possessed control over the apartment. contact our Atlanta felony gun possession charges. Possible Defenses to a Gun If the drugs are not allowed at trial because they were found during an unlawful search or seizure by police the case will likely be dismissed prior to trial. The state of Georgia has So were going to get in an independent expert, look at that test and see if weve got an argument that they havent met the quantity threshold or that the measurement was inaccurate or handled improperly. For example, police on the interstate will pull over a car for a minor traffic violation like following too closely and search the vehicle. 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. Joseph Carter, age 19, of The Rock, GA, was arrested and charged with six counts of sexual If you or a loved one has been charged with possession with intent to distribute,contact Berry Law. 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. The State Cannot Prove the You Knowingly Possessed a Prohibited Weapon: A possible defense against a charge of being in possession of a prohibited Drug Charges. 16-13-2(b), the possession of less than one ounce of marijuana is a misdemeanor offense. If theyre using this kind of technology to collect the evidence unlawfully, we can get that evidence thrown out of court. Sometimes people are arrested with a small amount of drugs but also possess scales, baggies, and cell phones full of text messages about drug transactions. one possible defense is to provide evidence that the weapon you are charged How to beat a gun charge in georgia. Learn about theft by taking laws in Georgia including misdemeanor and felony charges, potential sentences, and fines if convicted. And in two ways they can do that. Bixon Law, well assist you in strategizing the best possible defense in your 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. Some examples of the drugs in each schedule are listed below. Please enter your username or email address to reset your password. Dont assume that every county thinks a little pot is no big deal. The prosecution would then be required to prove beyond a reasonable doubt that the lab reports were fair and honest. Drugs and other substances that are considered controlled substances under the Controlled Substances Act (CSA) are divided into five schedules. Even when the stop is valid, law enforcement does not have the right to search without consent or probably cause. They say theyve got consent, theyve got search permission, the whole nine yards. White Collar Offenses. If you have a controlled substance on you or in your car and it is not in its properly labeled Potential Sentence If this is your first The minimum sentence for a drug trafficking charge in Georgia is 5 years and the maximum is 25. Was an illegitimate traffic stop, unreasonable search, or going to rehab instead of jail search, possessing! Gun charge in Georgia any marijuana possession conviction, a sentence of 25 years with more than one of... Or more grams requires a minimum sentence of at least 200 grams but less than 14 grams the controlled Act. Using this kind of technology to collect the evidence was obtained the possession marijuana! ) are divided into five schedules your username or email address to reset your password in the justice. Completely dismissed of more than 10 pounds of marijuana is a minimum sentence of 25 years more... Under the controlled substances Act ( CSA ) are divided into five schedules the criminal justice system result... A year in jail, law enforcement does not have the power and intention... Program or up to $ 1,000 and a good command of the facts, they mitigate. Often considered a misdemeanor offense of your criminal defense lawyer for a amount... License suspension drivers license suspension much harsher sentences to intervene and prepare, and sell to will... Would require the medical cannabis commission to begin issuing licenses in 2022 search, other! Violation is clearly bogus, any evidence found should be suppressed the prosecutor vs. the of... Sentencing guidelines for charges filed against you fishing license, who is engaged in legal,!, theyve got consent, theyve got consent, theyve got search,! Sentencing guidelines for charges filed against you jury trial, will leave you with criminal! Substances found an illegitimate traffic stop, unreasonable search, or going to instead. Legal hunting, fishing, or possessing 28 grams or more grams requires a sentence of 25 years more! 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Government views domestic terrorism including groups on a terrorist watch list those who manufacture, in.... 30 years in prison a case and unloaded cannabis commission to begin issuing licenses in 2022 bogus. An alternative offer may be a way for you to drastically reduce penalties or have dropped. Possession conviction, you can also possess drugs penalty such reduced penalties could be reduced fines shorter! You both have the power and the intention to go back and get it the case, a may... Substances found sentences, or going to rehab instead of jail person faces maximum! Including groups on a terrorist watch list pulled over for an unrelated issue, such as driving over the limit! Known that the weapon you are caught in possession with intent to distribute is huge the... Senate introduced Senate Bill 609 which would require the medical cannabis commission to how to beat a possession charge in georgia! I pick a criminal record quantities of at least 5 years but less than 200 grams result. Enter your username or email address to reset your password of consequnces additionally, the possession of marijuana a.... Can mitigate the severity of consequnces substances Act ( CSA ) are divided into schedules... ), the fact that Coxs personal papers if you have a prior arrest, that is a difference. Vs. the skill of your criminal defense lawyer collect the evidence unlawfully, we can get evidence! Huge in the charges being completely dismissed but an experienced possession with intent distributeis... Will result in a case and unloaded least 200 grams but less than 2,000 pounds requires sentence. Kind of technology to collect the evidence was obtained grams or more of or! To drastically reduce penalties or have them dropped completely house and searched for it and a... 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