If you are charged with possession of a controlled substance in Georgia, there are a few ways to beat the charges. One way is to show that the drugs were for personal use and not for sale. Another way is to show that the drugs were planted on you or that the police did not have probable cause to search you or your property.
If you are charged with possession of a controlled substance with intent to sell, the best way to beat the charges is to show that you did not actually have the drugs on you or that you did not have the drugs in your possession with the intent to sell them. Another way to beat these charges is to show that the police did not have probable cause to search you or your property.
Broaden your view: Histones Positively Charged
What are the risks of going to trial on a possession charge in Georgia?
There are several risks associated with going to trial on a possession charge in Georgia. The most serious of these is the possibility of receiving a harsher sentence if convicted. In some cases, a person convicted of possession may be sentenced to prison time, while someone who pleads guilty or is found guilty after a trial may only receive probation. The amount of drugs involved in the possession charge may also play a role in determining the sentence. Another risk of going to trial is the possibility of having one's assets seized by the government. This can happen if the drugs were found in a person's home or car, for example. If a person is convicted of possession, they may also lose their driver's license and have difficulty getting a job or housing in the future.
Frequently Asked Questions
What are some defenses to drug possession charges?
The defenses typically offered to drug possession charges vary depending on the specific charge. However, some common defenses include lack of intent to sell or distribute, mistaken identity, and reasonable mistake of fact. A criminal defense attorney can illuminate these and other possible defenses in more detail based on your specific case.
What are Georgia’s drug possession laws?
Possession of any controlled substance on the list of Schedules I, II, III, IV, or V is a felony. Possession of any drug on the Schedule VI is a misdemeanor. (The Controlled Substances Act defines “controlled substances” as substances listed in Schedules I-V.) The possession limit for each type of controlled substance is set at an equivalent of one gram. What if someone is found with less than one gram of a Schedule I controlled substance? If someone is found with less than one gram of a Schedule I controlled substance, the individual will be guilty of a misdemeanor. Educational requirements and/or community service may also be required as punishment.
What are the collateral consequences of a criminal conviction in Georgia?
Collateral consequences of a criminal conviction can include the inability to obtain certain jobs or housing, increased scrutiny when applying for financial assistance, and difficulty finding education or training programs. Additionally, since Georgia criminal records are not eligible for expungement, unless you successfully petition to have your record “restricted,” your conviction will show up on background searches indefinitely.
What happens if you get caught with an opiate in Georgia?
If you are caught with psychoactive drugs, like morphine, codeine, heroin, or opium, in Georgia it is a felony. You could face up to 10 years in prison and a $100,000 fine.
What are the penalties for felony crimes in Georgia?
The penalties for felony crimes in Georgia vary depending on the specific felony offense. Some of the most common felony crimes in Georgia include assault, burglary, theft, and murder. The penalties for these offenses can range from a misdemeanor charge to a death penalty sentence.
Sources
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- https://legalinsurrection.com/2022/12/warnock-squeaks-by-to-win-georgia-senate-race-gives-dems-outright-majority/
- https://www.youtube.com/watch
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