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. over the shotgun and the area surrounding the bed under which the prescription The Sarasota County Sheriffs Office reported the following arrests: Derek Earl Bain, 28, 1800 block of Ironwood Court, Venice. If the prosecutor has an air-tight case with indisputable evidence, your attorney will work to get you the lightest possible sentence. This is true particularly if you were caught with enough marijuana to get you charged with possession with intent to distribute: First Offense: If convicted, you may be sentenced to up to 20 years in prison and up to$20,000 in fines. This includes any steps taken to make illegal narcotics Possession of non-Narcotic Schedule II Drugs: warrant 2-15 years incarceration. Look at the diagnoses that we have in our law. WebIn Georgia, felony gun possession is usually an additional charge that is tacked on when a felon is arrested for a different crime. 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 up to 30 years incarceration. 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. The courts often see people charged with simple possession as drug uses or drug addicts, but not drug dealers. Depending on the circumstances of the case, a sentence may result in a diversion program or up to 30 years in prison. 16-11-126(g), any If somebody is charged with drug possession, serious consequences may follow including jail time, probation, drug screens, fines, marks on permanent records, and more. Ulcerative colitis? The 20-year-old is charged with two counts of possession of child pornography. firearms that are prohibited in the state of Georgia. If you dont defend yourself, you can end up regretting the outcome. It is well known that the laws for drug possession, as well as drug manufacture, in Georgia are relatively strict. contact our Atlanta felony gun possession charges. Possession of Schedule III, IV, or V Drugs: warrant 1-5 years incarceration. Such laws outline when a person needs a 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. In a gun charge case, Please call (888) 205-9314. If you are caught in possession of marijuana and it weighs more than one ounce, you are facing serious felony charges. (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. The 20-year-old is charged with two counts of possession of child pornography. 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 2022 Best Georgia Lawyers - All Rights Reserved. Claim Entrapment. 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. person commits the offense of carrying a weapon and is convicted shall be A top criminal defense lawyer will have references, reviews, and successful drug trafficking case examples that demonstrate their ability to handle your case. However, the sentencing is different depending on the drug and the amount. Georgia is the gateway between Florida and the entire East coast. We represent clients in Atlanta and throughout the state 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. Consideration of all defense strategies, resolution paths and legal options. 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. Repeat offenders for drug trafficking face even stronger mandatory minimum jail sentences. 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. At trial, the (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. 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. Charge in Georgia. Additional charges may be forthcoming, according to the Grovetown Police Department. 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? Please enter your username or email address to reset your password. Additional charges may be forthcoming, according to the Grovetown Police Department. Cocaine Bear is a sensationalized version of a true story. Criminal defense attorneys will challenge the validity of the search. This is a free matching service only, claim reviews will be performed by a third party attorney. Schedule I drugs, substances, or chemicals are defined as drugs with no currently accepted medical use and a high potential for abuse. A conviction, whether it is diversion, plea deal or jury trial, will leave you with a criminal record. 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. Georgia criminal defense lawyers fight criminal offenses in all GA courts. You need Michael Bixon representing your rights. law. Any person who is not prohibited by law from Although the above sentences are compulsory minimum sentences, there are three different ways in which a defendant can be sentenced to less than the compulsory minimum. He brings that same philosophy to his practice and focus in helping people facing insurmountable circumstances. An ad blocker has likely prevented this video content from loading. If this is a first misdemeanor marijuana possession, we can fight for a conditional discharge, or diversion. These include marijuana, LSD, GHB, and heroin. A good criminal defense attorney knows that there are several ways to fightdrug charges. Regardless of the amount of marijuana you are convicted of possessing, your drivers license will be suspended. 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. 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 Again, the sentencing court may use its discretion to depart from a mandatory sentence if the defendant was not a leader in the drug operation if the defendant did not have a weapon if the criminal behavior did not result in death or serious physical injury, if the defendant had no prior offense and if the defendant did not apply the mandatory minimum sentence lastly. Call us to talk about your case today. 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. In fact, in Georgia, those convicted of drug possession can lose their drivers license and all driving privileges. Mere presence alone is not enough. Even the Drug Charges. 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. 16-11-131 was tantamount to a directed verdict, requiring reversal. A Former DA Breaks Down Your Drug Defense! 16-11-123, a person Lawyers should get together and fight for marijuana to be legalized for personal use. Before delving into possible defenses, one of the first courses of action a person should take is to study which kind of jurisdiction their charges will be filed through. Learn how the government views domestic terrorism including groups on a terrorist watch list. 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. What is the Difference Between OWI and DUI? There are also certain types of 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. Learn about theft by taking laws in Georgia including misdemeanor and felony charges, potential sentences, and fines if convicted. 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. Chedrick Chaney, but Cox was at the apartment during one of the buys. various gun licensing requirements. The law requires a sentence of at least 25 years for 28 grams or more. If you are able to demonstrate that law enforcement abused their power during the drug search, then you may argue to drop charges. Bond: none. There are a number of ways that this may be possible such as proving an illegal traffic stop or other flaws in police work. Required fields are marked *. Are you facing a drug-related charge? The Georgia Senate introduced Senate Bill 609 which would require the medical cannabis commission to begin issuing licenses in 2022. the activities are being conducted may have or carry on his or her person a Possession of over an ounce is a felony punishable by a minimum of one year and maximum of 10 years imprisonment. Copyright 2022 - BestGeorgiaLawyers.com. Any person who is not prohibited by law from The state of Georgia has 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. How to beat a gun charge in georgia. Thats right if you are in control of the marijuana you can be found to be in possession of it. Web5 Ways To Beat A Drug Possession Charge! A controlled substance is any pharmaceutical or narcotic that is regulated by law. 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. Please call (888) 205-9314. If we can make that argument, we can usually resolve the case for a lower charge. 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