Carrollton Drug Lawyer
If you are arrested for possessing a controlled substance or narcotic, you could face several different charges, depending on the type and the amount of the drug as well as other relevant factors. Georgia drug penalties can be harsh, potentially causing life-long consequences to your personal and professional life.
Taking the time to consult with a Carrollton drug lawyer prior to accidentally providing an admission of guilt to the charged offense could allow you to consider all your legal options. A knowledgeable defense lawyer could help you fight back with a strong defense strategy.
Laws About Possession of Drugs
Under Georgia law, possession occurs not only when individuals have a drug on their person, but also if they have a drug within their home or vehicle. Possession of less than one ounce of marijuana is a misdemeanor, but possession of any greater amount is a felony. Likewise, possession of most other controlled substances, no matter the amount, is a felony. Depending on the facts of a case, however, a defense attorney could have some room to negotiate with prosecutors.
Possession With Intent to Distribute
Punishment for possession of drugs may be more severe if there was an intent to distribute. This charge is based on a number of factors, including:
- Amount of the drug
- A pattern of frequent and short visits to certain places
- Carrying large amounts of cash
- The presence of paraphernalia used to weigh and distribute drugs, such as baggies and scales
Even if there is no intent to distribute, individuals may be charged with possession with intent to distribute when individuals possess a larger quantity of drugs than what is reasonable for recreational use.
Trafficking in Drugs
Drug trafficking is the most severely-punished, non-violent drug possession law in Georgia, as compared to simple possession and possession with intent to distribute. In most cases, drug trafficking is charged if a large quantity of drugs is involved. Penalties for drug trafficking are harsh and depend largely on the type of drug involved and the amount found. A Carrollton drug lawyer could advise someone about the penalties to expect based on the details of the case.
Penalties based on Drug Schedules in Carrollton
Most charges for the possession of controlled substances and narcotics are felony offenses according to O.C.G.A. § 16-13-30. Penalties for having any of these drugs in possession vary according to the type of drug and the amount of the drug. Schedule 1 and 2 drugs are considered the most highly addictive and illegal drugs, including heroin, marijuana, and LSD, so penalties for possessing these drugs tend to be more severe.
For example, trafficking cocaine, which is defined as selling, making, distributing or knowingly possessing 28 or more grams of cocaine, can result in mandatory minimum prison sentences of 10 to 25 years.
Penalties for marijuana may be less severe. Possessing less than one ounce of marijuana is a misdemeanor offense that can result in up to 12 months in jail, a $1,000 fine, and probation. Possession of more than one ounce of marijuana, however, is a felony charge that could result in one to 10 years in prison and a fine of up to $5,000.
Penalties for subsequent drug convictions in Carrollton are far harsher than for a first-time offender. This is also the case for driver’s license suspensions that result from drug convictions, as the suspension period increases with each subsequent conviction. Therefore, it is critical for a defendant to retain the services of a Carrollton drug attorney.
Reach Out to a Carrollton Drug Defense Attorney
Those charged with drug offenses may face severe repercussions under Georgia law. There are defenses available in many cases involving drug possession, possession with intent to distribute, and trafficking. No matter what type of allegations exist in your case, you should consider consulting a Carrollton drug lawyer for advice about how to handle your particular case. Working with an attorney could make a huge difference in your personal life, professional life, and ability to keep driving privileges.
