Georgia Drug Possession Lawyer

If you’ve been charged with drug possession in Georgia, it’s essential to understand your rights. The Freedom Lawyers can help take immediate steps to protect your future. At The Freedom Lawyers, we are committed to providing top-notch legal representation for individuals charged with drug offenses as experienced and proven Georgia Drug Possession Lawyer.

Specialized Georgia Drug Possession Lawyer

Additionally, we specialize in defending clients against drug possession charges. We navigating our clients through the complexities of Georgia’s legal system. Our team combines thorough investigations, clear client communication, and a focus on safeguarding your future to deliver the best possible outcomes. We are an experienced, top-rated Georgia Drug Possession Lawyer. We can help protect your Future.

Understanding Georgia’s Drug Possession Laws

Georgia has some of the strictest drug laws in the United States. Under O.C.G.A. § 16-13-30, it is illegal to possess, manufacture, or distribute controlled substances. The law categorizes drugs into five schedules, with Schedule I substances being the most strictly regulated and Schedule V being the least.

Here’s a quick breakdown of common drug possession charges in Georgia:

How Does Georgia Law Classify Controlled Substances?

Understanding how Georgia classifies drugs or controlled substances is crucial for comprehending consequences of felony drug charges. Similar to Federal law, Drugs or controlled substances in Georgia are divided into five categories: Schedule 1, Schedule 2, Schedule 3, Schedule 4, and Schedule 5. Each schedule involves different types of drugs and varying degrees of restrictions and penalties.

Schedule 1: Includes drugs with no recognized medicinal value and high potential for abuse, such as LSD, mushrooms, and heroin. Many people are surprised to know that marijuana is also a Schedule I controlled substance.
Schedule 2: Consists of drugs with accepted medical uses but strict regulations, like opium, methamphetamine, and cocaine.
Schedule 3: Includes steroids, which have some medical uses but also potential risks of abuse.
Schedule 4 and Schedule 5: Include drugs with medical uses and a low potential for abuse, such as Valium and Xanax.

Marijuana Possession

Possession of Marijuana under one ounce is the only exception, but even a misdemeanor can have severe consequences. The consequences for possessing less than an ounce of marijuana can include a fine of up to $1,000, a 12-month jail term, or both. Alternatively, performing community service or be on probation for up to 12 months might be required.

However, this only applies to marijuana in its original plant form. Possessing THC in hash, wax, or oil form—even a small amount—will result in a felony V.G.C.S.A. charge for Possession of a Schedule I Controlled Substance and felony charges.

Possession of Controlled Substance

All Other Possession of Controlled Substances Charges are classified as felonies. It is important to have an experienced, specialized Georgia Drug Possession Lawyer to position you to have the best outcome possible.

The possible punishment for the Scheduled controlled substances are as follows:

Unlawful possession of a Schedule 1 controlled substance, Schedule 2 non-narcotic, or a Schedule 2 narcotic is a felony, leading to jail sentences ranging from one years to 15 years, depending on the quantity involved.
Unlawful possession of a Schedule 3, Schedule 4, or Schedule 5 controlled substance is also a felony, with jail terms between one year and five years.

Possession with Intent

Possession with Intent to Distribute: This charge applies when the evidence suggests that you intended to sell or distribute drugs, and can lead to increased consequences. Punishment for Possession with Intent to Distribute increases dramatically.

Everyone who possesses with intent to distribute a controlled substance in Schedule I or Schedule II faces a felony and five years to 30 years in prison

A person Who possesses with intent to distribute a controlled substance in Schedule III, IV, or V shall be guilty of a felony and faces imprisonment for not less than one year nor more than ten years.

Prosecutors often ask for jail time with drug offenses. We are an experienced Georgia Drug Possession Lawyer knows how to position your case for success. Additionally, we can put the case behind you and minimize the consequences on life in the future.

What to Expect in a Criminal Prosecution

Understanding the Criminal Process is essential f you’re facing drug possession charges. Here are the typical steps involved:

Arrest: The process begins with an arrest, often following a traffic stop, search, or investigation. It’s important to remain silent and request an attorney immediately.
Initial Appearance: Within 72 hours of your arrest, you will appear before a judge to hear the charges against you. The judge may also set bond at this stage.
Preliminary Hearing: During this phase, the prosecution must demonstrate that probable cause exists to proceed with the charges. If you bond out, you are no long entitled to this hearing.
Accusation/Indictment: You charges are formally filed in the clerks office and the official Criminal Prosecution begins.
Arraignment: At your arraignment, you will enter a plea of guilty, not guilty, or no contest. It is highly recommended that you have legal representation by this point.
Discovery and Pretrial Motions: Your attorney will gather evidence, review the prosecution’s case. In every case we take on, we file motions to suppress evidence if your rights were violated. We file Pretrial Motions in every one of our cases.
Trial: If your case proceeds to trial, both sides will present evidence and arguments. The burden of proof lies with the prosecution to demonstrate guilt beyond a reasonable doubt.
Sentencing: If convicted, the judge will determine your punishment, which could include jail time, probation, fines, or mandatory drug treatment programs.

At The Freedom Lawyers, we work tirelessly to challenge the prosecution’s case at every stage. Further, we striving to reduce or dismiss charges whenever possible. As an experienced and proven Georgia Drug Possession Lawyer, we know how the Prosecution will try and prove their case. Moreover, we do everything we can to build your case for success.

How We Can a Georgia Drug Possession Lawyer like The Freedom Lawyers help?

When you hire The Freedom Lawyers, you gain a team dedicated to protecting your rights and your future. Here’s what sets us apart:

Client Communication: We prioritize keeping you informed throughout your case. From explaining the charges to discussing possible outcomes, we ensure you understand every step of the process.
Thorough Investigations: Our team meticulously reviews all evidence, including police reports, witness statements, and any video footage. If law enforcement violated your rights, we will uncover it and fight to have that evidence excluded.
Protecting Your Future: A drug possession conviction can impact your ability to find employment, secure housing, or pursue higher education. Our goal is to minimize the impact of these charges on your life.

Penalties for Drug Possession in Georgia

Georgia’s drug possession penalties depend on the type of drug and the amount in your possession. Here are some examples under O.C.G.A. § 16-13-30:

Marijuana (less than 1 ounce): Up to 12 months in jail and/or a fine of up to $1,000.
Schedule I or II Substances (e.g., heroin, cocaine):
- First offense: 1 to 15 years in prison.
- Second or subsequent offenses: 5 to 30 years in prison.
Schedule III, IV, or V Substances:
- First offense: 1 to 5 years in prison.
- Second or subsequent offenses: 1 to 10 years in prison.

Repeat offenses and possession near schools or parks can lead to enhanced penalties. To see the full details of Georgia’s drug laws, visit O.C.G.A. § 16-13-30.

Defenses by Your Georgia Drug Possession Lawyer

Constitutional Right Against Unreasonable Search

The Supreme Court of Georgia, over the history of Georgia Law, has made decisions that affect the way police have to treat you during traffic stops and when searching your vehicle. The Constitution says you have a right against any unreasonable searches and seizures. The police have multiple ways they can search your vehicle or home or person without a search warrant. However, the exceptions are limited, and oftentimes the police conduct a search without a warrant and without falling under a valid warrant exception. In those cases, the search is unlawful and any evidence that is found because of that search can be thrown out in court.

Our attorneys specialize in fighting illegal searches. This includes illegal inventory searches, illegal probable cause searches, searches without probable cause, Searches without articulable suspicion, Plain-View searches, searches with a search warrant, and searches without search warrants.

Search Warrant Cases

We specialize in challenging search warrants and the underlying evidence used to obtain said search warrant. Even when a search warrant is issued, there are times where the affidavit justifying the search warrant is based on faulty information, or does not provide enough information to justify the issuing of the warrant. In these cases, the search warrant can be challenged in court.

Our lawyers are trained to scrutinize the credibility of the officer and their investigation. We do everything we can to cross examine them using their own evidence. We find the deficiencies and inconsistencies in their investigation. If your officer obtained a search warrant unlawfully, our team of attorneys will work to get to the bottom of it. Our goal is to know the case better than the officers, and to know what they will testify to at a motions hearing or trial.

Equal Access

We also specialize in defending people who were accused of drugs along with co-Defendants. The law is very clear that there are certain elements required for an officer to charge you with possession of drugs. You must either be in direct possession, which means it’s on your person, or you can be in constructive possession. Construction possession means a person must be able to maintain some direct access and control over the drugs to the exclusion of others. In cases where multiple people are charged with possessing the same item, or where multiple people had equal access to the item, additional defenses arise, creating multiple ways for us to get the case dismissed or reduced.

Why You Need an Experienced Georgia Drug Possession Lawyer

Drug possession charges can feel overwhelming, but you don’t have to face them alone. With The Freedom Lawyers on your side, you gain a legal team committed to:

Fighting for Your Rights: We hold law enforcement accountable for any violations of your constitutional rights.
Reducing Penalties: Whether it’s negotiating plea deals or seeking alternative sentencing options like diversion programs. We gamplan early and explore every avenue to lessen the impact on your life.
Providing Personalized Defense: Every case is unique. We develop defense strategies tailored to the specifics of your situation.

Take the First Step Today

If you or a loved one has been charged with drug possession, don’t wait to seek legal help. Contact The Freedom Lawyers today for a free consultation. Let us put our expertise to work for you and help you move forward with confidence.

Call us now or schedule a consultation.