Simple possession of drugs is a the intentional and knowingly possession of drugs without a valid prescription. An attempted possession of drugs is usually used only in the context of plea deals. Possession of drugs (controlled substance) with the intent to distribute or sell is a felony offense under Louisiana state law as well as under Federal law. . Bill Description: House Bill 234 would impose mandatory minimum sentences for possession of fentanyl, but it would make some other improvements to Idaho's drug trafficking laws. Customer: Time was served JA: Where was the arrest? 966. It all depends on the jurisdiction and the amount of drugs. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. distribute, dispense, administer, sell, or possession with the intent to These motions must be filed within 10 days of arraignment. Screen Printing and Embroidery for clothing and accessories, as well as Technical Screenprinting, Overlays, and Labels for industrial and commercial applications The possession of these two drugs attracts a felony charge under South Carolina law. For first-time offenders, the defendant's driver's license will be suspended for up to six months. Whether the drug in question is cocaine, crack, or meth, the same statute and penalties apply to PWID, distribution, or manufacturing of the drug: (B) A person who manufactures, distributes, dispenses, delivers, purchases, or otherwise aids, abets, attempts, or conspires to manufacture, distribute, dispense, deliver, or purchase, or possesses with intent to distribute, dispense, or deliver methamphetamine or cocaine base, in violation of the provisions of Section 44-53-370, is guilty of a felony. Possession of more than one gram of cocaine result in: The first offense attracts 0-15 years of imprisonment or a fine of up to $25,000 The second offense attracts 5-30 years of imprisonment or up to $50,000 In Georgia, there are two types of possession, actual or constructive. How you are charged and what kind of sentence you are facing largely depends on what kind of drugs you had in your possession. Call me at 803-238-7967 or contact my offices today for free a consultation. We leave no rock unturned in developing defenses. State v. Bankert, 117 N.M. 614, 975 P.2d 370 (1994). If the cocaine was less than 10% pure, the Court would take the percentage of purity and multiply it by the weight you were carrying. In this article we will cover possession with intent to distribute charges for the following types of drugs. However, for there are mandatory minimum sentences for possession with intent to distribute. So, if the range is cut in half, that minimizes potential jail time for the defendant. Expungement laws vary by state. The possession of controlled substances is considered a severe offense in South Carolina. Georgia criminal defense lawyers fight criminal offenses in all GA courts. This charge is classified as intent, not just possession. Statutory Violations as Negligence Per Se Restatement (3d) on Torts 14 (2010) An actor is negligent if, without excuse, the actor violates a statute that is designed to protect against the type of By: Marwan Alrawas Over the last few years, the world has been shifting its focus to renewable energy in an effort to mitigate the effects of climate change. I highly recommend him to anyone. Hiring a Drug Crimes Lawyer in GA: Atlanta Drug Trafficking, Drug Crime Lawyer: Hiring the Best Drug Attorney in Atlanta. Drug Possession Intent to Distribute / Drug Trafficking, Heroin, peyote, LSD, GHB, ecstasy, and hallucinogenic mushrooms, Raw opium, morphine, oxycodone, cocaine (including crack cocaine), fentanyl, methadone, and methamphetamines, Some steroids such as testosterone and ketamine, Drugs that have low levels of codeine, opium, and ethylmorphine. The PWID penalties of this drug vary depending on the offenders history. Some potential defenses for PWID charges depending on the convictions are: Due to many factors employed to determine PWID charges, the cases often become complicated to defend. Either you possess it or distribute drugs. Serving all cities in South Carolina including Columbia, Lexington, West Columbia, Cayce, Irmo, Chapin, Blythewood, Gaston, Orangeburg, Newberry, St. Matthews and Camden. large amount of currency or other drug paraphernalia. The vast majority of drug charges are felony offenses, and there are many factors that increase the severity of the charges being brought against the accused. Mortgagor shall not sell, convey or otherwise transfer any interest in the Premises (whether voluntarily or by operation of law), or agree to do so, without Mortgagees Furnishes valuable information and assistance to police; Was not the leader of the criminal operation; Did not cause bodily injury or death to another; or, To be convicted of possession with intent to distribute in Georgia, the State Attorneys must prove that the defendant actually possessed the. Serving Gwinnett, Fulton, Dekalb, Cobb, Clayton, Coweta, Douglas, Fayette, Henry, Barrow, Jackson, Clarke Counties and Beyond. Generally, Georgia penalizes this crime with a prison sentence between one and fifteen years, depending upon the quantity and the type of drug. No evidence of baggies, scales, cash, etc. Ranked: The 4 Most Common Drug Offenses in South Carolina. For more information, or to request a case evaluation, contact our law office at 1-770-822-0900. The consequences even worsen if the offender is charged with the intent to distribute to others. Our goal is to always try to get the prosecutor to work with us to reduce the charge so our client can get it removed from his record. Good legal representation can be critical with a serious felony charge such as this. Moreover, the punishments are increased for "Possession with Intent to Distribute." You may have defenses, it is possible that your case could be dismissed or won at trial, and it is possible that your charges could be reduced from PWID to simple possession. Actual possession means the offenders are found with the substances in their physical control or possession. Motions to suppress, dismissals, reductions in charges, etc., are all a product of the time you afford your attorney to get the job done youre hoping they can, Phone:404-947-6122En Espanol: 770-608-1478Fax: 404-600-1356, 2023 Cansino Blanchette Law Firm, LLC All Rights Reserved, Disclaimer| Site Map| Privacy Policy |Business Development Solutions by FindLaw, part of Thomson Reuters, Estate Planning: Defining Goals And Expectations. If you have been charged with either offense because drugs were found in your car or on your property, its essential to hire an expert attorney right away. (first offense), possession of methamphetamine with intent to distribute, possession of Schedule II controlled substance . At Andersen, Tate & Carr, our attorneys are dedicated to reaching the best possible outcome for our clients. Evidence supporting the intent to distribute, especially to persons below 18 years. Specifically, well discuss potential fines, penalties and jail time, and what the threshold weights are for each type of drug. georgia drug trafficking cases Tatko na pesmaricu. Many defenses can exist in conspiracy drug cases. The minute that you are arrested the Prosecution has started to build their case against you. . The police may arrest someone for possession with intent and the district attorney files a formal charge for possession of drugs or possession with intent. Sale, Distribution, or Possession of Dangerous Drugs Sale or Transfer of Model Glue to Minors Using a Fictitious Name or False Address When Obtaining Drugs Drug Offenses Attempt or Conspiracy to Commit a Drug Related Offense Conditional Discharge Drug Court Manufacturing Cocaine Many possession with intent charges have mandatory minimum sentences which can allow for probation but may prevent you from removing it from your record. Call 404-947-6122And Receive Quality Legal Advice. For instance, a defendant is arrest for distribution of drugs which carries a sentencing range of 5-40 years in prison. sell or distribute the drug that is in his possession. 11.41.120. For example, if the defendant had 2 grams of cocaine, that is generally viewed as a personal amount and the charge would be simple possession of Schedule 2 drugs. Moreover, the punishments will also depend upon the type of drug possessed and the amount of the drug possessed. 5 kilograms or more of cocaine 10 grams or more of LSD. Lets discuss the details of your case and see if we can help. This is determined by quantity and circumstance, but not necessarily on the act of a sale of the substance in question. It is illegal to have possession of a controlled substance with intent to distribute if you do not have a valid prescription from a doctor. The threshold weight is also the same as that for powder cocaine, one gram: Possession of one or more grams of methamphetamine or cocaine base is prima facie evidence of a violation of this subsection. So, if you go out and buy an eight-ball to party all weekend and there is no evidence you are a drug dealer, you could get popped for an intent to distribute charge based solely on the amount of the drugs. You can explore additional available newsletters here. Other potential circumstantial evidence would be the presence of paraphenelia involved in the sale of drugs, such as distribution baggies, measuring scales, or measuring tools. The European Union is one of the most outward-oriented economies in the world. Now, the judge cant go above 20 years on the sentence. In the State of Georgia, an "Intent to Distribute" drug charge is a felony, which prevents the defendant from trying to use the Conditional Discharge Act under O.C.G.A 16-13-2. Police may seize multiple bags from co-defendants that were traveling together. Schedule III, IV, and V are 1-10 years of prison time for a first- time conviction with 2-20 for subsequent convictions. Although the term transparency is not a financial term or metric per se, it has become increasingly important to consumers and investors over the last several years. This field is for validation purposes and should be left unchanged. PWID Cocaine in SC. You're all set! Click. Contact our attorneys for a free legal case evaluation on any criminal charge by calling: Copyright 2023 Get Lawyer Leads, Inc. Universal . If you do not properly file them, they are waived and you will potentially lose the ability to beat your case. Second Offense: If convicted, you may be sentenced to at least 5 years in prison and no more than 40, as . Possession of more than 28 grams (1 ounce) of cocaine -- a Schedule II drug -- is automatically considered trafficking, since the amount is presumed to show intent to sell. Templeton Mims & Ward in Summerville, South Carolina represents clients throughout the Low Country, including Charleston County, Berkeley County, Dorchester County, Calhoun County, Colleton County, Beaufort County, Georgetown County, and Orangeburg County, including communities such as Charleston, Summerville, Daniel Island, Folly Beach, Mount Pleasant, Moncks Corner, Beaufort, Hannahan, Goose Creek, St. George, Walterboro, and North Charleston, SC. Class I misdemeanor for a first or second offense; and 2 (ii) A Class IV felony for any third or subsequent offense. Drug possession means being caught with a small enough amount of a controlled substance that it can reasonably be considered for personal use. This amount varies based on the drug and oftentimes the purity of the drug. Possession and possession with intent to distribute are treated differently in both state and federal courts. Although fentanyl currently carries the same potential penalties as heroin charges, prosecutors and judges may feel that it is appropriate to give harsher sentences for PWID fentanyl, because of its higher potential for overdoses and the media attention that fentanyl overdoses has received in recent years. Also, if you were found to be in possession of marijuana with the intent to distribute it near a school, you will face enhanced penalties. For a third or subsequent offense, the offender must be imprisoned not less than ten years nor more than thirty years, or fined not more than fifty thousand dollars, or both. Primarily ______ states have several courts of appeal. The prosecutor must prove that the Defendant intended to Dailey was convicted following a three-day trial before U.S. District Judge John R. Adams in Akron. SCHEDULES, OFFENSES, AND PENALTIES 16-13-30 - Purchase, possession, manufacture, distribution, or sale of controlled substances or marijuana; penalties . Possession of any amount is a felony with a punishment of between one and 10 years in prison and $15,000 in potential fines. A knowledgeable Georgia Intent to Distribute Drugs Lawyer will fight to reduce or dismiss the criminal charges. 16-13-30(b). Because marijuana is in Schedule I but it is a non-narcotic drug, PWID marijuana is covered by SC Code Section 44-53-370(b)(2), and can carry a potential sentence of up to five years for a first offense, ten years for a second offense, or a mandatory minimum sentence of five years up to twenty years in prison for a third offense: (2) any other controlled substance classified in Schedule I, II, or III, flunitrazepam or a controlled substance analogue, is guilty of a felony and, upon conviction, for a first offense must be imprisoned not more than five years or fined not more than five thousand dollars, or both. You can be charged with marijuana possession if the substance is accessible to you and a reasonable person would believe that you are aware of the substance. Charge by GCSO: Probation violation (when probation term) (O/C reckless driving). ClickOffice Locationsto find out which office is right for you. The Louisiana law does not differentiate between possession with intent to deliver versus intent to distribute or intent to sell. Under O.C.G.A. Intent to distribute cases are all felonies. A first offense of between 1 and 10 ounce of marijuana attracts a penalty of between 0-5 years of incarceration or a fine not exceeding $5,000. PWID marijuana charges remain a serious offense, PWID of the two substances are considered the same, contact my offices today for free a consultation. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Joint possession is when two or more people can be said to be possessing the same drugs. For a second offense, the offender is guilty of a felony and, upon conviction, must be imprisoned not more than ten years or fined not more than ten thousand dollars, or both. Click here for more information. The nature of the controlled substances-dangerous and highly addictive substances such as heroin attracts harsher penalties than simple possession of marijuana. If the person only possesses cash but not drugs and then meets up with a drug dealer, there can be no arrest of the buyer until he buys the drugs and possesses the drugs. The arresting law enforcement officer, along with the prosecuting attorney, will determine which charges to file. Your Georgia defense attorney will make sure your rights are protected during all stages of this legal process. Copyright 2020 Peachstate Lawyer Atlanta, Georgia / W.Scott Smith / All Rights Reserved. For the larger quantities of controlled substances, drug trafficking charges carry a minimum sentence of 25 years in prison and fines up to one million dollars. Unless there is additional evidence of intent to distribute like an excessive amount of cash, packaging in multiple baggies, digital scales, or witness testimony, it may be difficult for the State to prove an intent to distribute based on possession of a very small amount of the drug. If you are charged with PWID heroin based on weight, the charges can be reduced to simple possession either by the prosecutor or by a jury at trial. The threshold weight for possession with intent to distribute cocaine charges is one gram: (4) possession of more than: one gram of cocaine. (This drug schedule list is not exhaustive). In the State of Georgia, drug laws are notoriously strict in comparison to many other states. The prosecution must prove "Intent to Distribute" by showing that the defendant had more narcotics or controlled substances in their possession than he or she would possess for self-use. Under federal law, the possession of a controlled substance with the intent to sell or distribute it is a serious offense. Question The ________ consists of broad trends in the context in which a firm operates that can have an impact on a firms strategic choices. Trafficking law can be quite confusing, call us for more information and a consultation on your case. Thats why possessing an eight-ball of cocaine is considered possession with intent because it is likely you will share it with others, which is distribution. . Under . THIS IS AN ADVERTISEMENT. SCHEDULE YOUR APPOINTMENT HERE OCGA 16-13-2 The penalties for PWID crime vary depending on various factors, such as: In South Carolina, drug substances have a mandatory minimum weight, beyond which the possession becomes a felony trafficking charge. First and foremost, you have rights and are innocent until proven guilty. Felons frequently struggle to gain and maintain meaningful employment, secure loans, and gain approval for housing. Drug possession penalties can range from suspension of a drivers license and probation for a minor first offense to substantial prison time and fines. Typically, state laws are very similar to federal laws as they pertain to marijuana distribution, however the penalties at the federal level are often much more serious. Possession with intent to distribute MDMA in SC carries a potential sentence of up to five years on a first offense (as opposed to 15 for Schedule I narcotic drugs), up to ten years for a second offense, or 5-20 years for a third offense, and is covered by SC Code Section 44-53-370(b)(2): Possession with intent to distribute narcotics like heroin or fentanyl is covered above in the section on heroin. Except as authorized by this Part, it shall be unlawful for any person knowingly or intentionally: Below are some examples of sentencing ranges for simple possession of drugs. He is truthful and realistic when explaining potential outcomes of your case and doesnt force you to hire him or anything. A second offense would effectively double the stakes and result in 10-40 years or even a life sentence if convicted. by tmwlaw | Aug 8, 2020 | Criminal Defense, Drug Charges | 0 comments. (b) Penalties Except as otherwise provided in section 849, 859, 860, or 861 of this title, any person who violates subsection (a) of this section shall be sentenced as follows: (1) 2019 Georgia Code Title 16 - Crimes and . If you are charged and convicted of manufacturing, delivering, distributing, dispensing, administering, selling, or possessing with intent to distribute any controlled substance you will face the following potential sentences: Although Flunitrazepan (also known as Rohypnol, the date rape drug) is a Schedule IV substance, it is a drug taken VERY seriously by the State of Georgia. The intent to distribute amount is generally an amount large enough to reasonably believe it is not for personal use. When facing drug-related charges in Georgia, it is essential to have legal representation you can trust. 2014 Georgia Code Title 16 - CRIMES AND OFFENSES . Additionally, the laws often take the purity of the drugs into account. For a third or subsequent offense, the offender is guilty of a felony and, upon conviction, must be imprisoned not less than five years nor more than twenty years, or fined not more than twenty thousand dollars, or both. The punishments handed down during sentencing are based on the type of drug, the amount of the drug found in the defendant's possession, and if the defendant had an intent to distribute. For example, possession of less than one ounce of marijuana is most often a misdemeanor, but any amount of cocaine is a felony. is prima facie guilty of violation of subsection (a) of this section. Drug trafficking charges can be brought against a person who brings a certain amount of drugs across state lines or from another country. This will often lead to a distribution charge. We are monitoring the COVID-19 situation carefully. Intent to distribute charges are qualified when it is determined that an individual is in possession of more drugs than that person would use only for themselves. He will likely sentence you to prison for many years. ; Athens-Clarke County including Athens; Cobb County including Acworth, Kennesaw, Mableton, Marietta, and Smyrna; DeKalb County including Brookhaven, Chamblee, Decatur, Dunwoody, and Tucker; and Gwinnett County including Duluth, Lawrenceville, Norcross, Peachtree Corners, Sugar Hill, and Suwanee. **If you hire or engage someone under the age of 17 to distribute or otherwise assist you with your controlled substances, you may be charged with an additional felony and face another prison sentence of no less than 5 and no more than 20 years, along with a fine of at least $20,000. Possession with intent to distribute is considered a felony because it carries the possibility of a hard labor sentence. This is important because the judge is then left to order a sentence. This is just one example of how difficult it is to wade through the laws surrounding trafficking in a controlled substance. (i) Except as authorized by this article, it is unlawful for any person to possess, have under his control, manufacture, deliver, distribute, dispense, administer, purchase, sell, or possess with intent to distribute a counterfeit substance. it through a prior conviction for Possession with Intent to Distribute or Unlike most states, SC lacks different criminal penalties for cocaine base and powder cocaine, meaning the PWID of the two substances are considered the same. This article explicitly discusses the conditions under which you can be convicted for possession with intent to distribute, the potential penalties, and the threshold weight for different drugs. Distribute, please call us at 404-581-0999 for a free consultation. If you were found with a large amount of marijuana, then the prosecution can claim that you were intending to distribute it to others even if this is not the case. But at David Tarr Law, I have profound knowledge of how the SC criminal justice system works and can defend you against the charges effectively. Theater of popular music. Call 404-947-6122And Receive Quality Legal Advice. O.C.G.A. The PWID is classified as a felony offense if the offender is on a subsequent offense and bumped more if found in possession of more than one controlled substance. Our criminal defense attorneys, Patrick McDonough and Trinity Hundredmark, have a combined experience of more than 30 years representing clients facing criminal charges in Georgia. it is unlawful for any person to manufacture, deliver, distribute, dispense, administer, sell, or possess with intent to distribute . Depending on the specific drug in question, the State has varying weights and amounts associated with trafficking charges. Sale, Distribution, or Possession of Dangerous Drugs Sale or Transfer of Model Glue to Minors Using a Fictitious Name or False Address When Obtaining Drugs Drug Offenses Attempt or Conspiracy to Commit a Drug Related Offense Conditional Discharge Drug Court Manufacturing Cocaine To be convicted of possession with intent to distribute in Georgia, the State Attorneys must prove that the defendant actually possessed the illegal drug or controlled substance. The contact form sends information by non-encrypted email, which is not secure. Very attentive, made me feel comfortable and at ease!! DISCLAIMER: The information on this website is not formal legal advice nor does it create an attorney-client relationship. The sentences for drug manufacturing also depend on who was implicated in possession with the intent to distribute illegal drugs or controlled substances. If you are facing any type of drug charges in Georgia, we can help. Its one thing for a person to choose to use drugs for themselves, but entirely another thing when they choose to involve someone else by distributing drugs to that person. What you may not realize is that a marijuana charge with the intent to distribute is a far more serious criminal act than marijuana possession. If the passenger doesnt own or control those drugs, he is not in simple possession of those drugs. If the case should only be charged as a simple drug possession, we will argue for a reduction in the charge. Atlanta Criminal Defense Attorney: Criminal Lawyers Georgia. how many mini bosses in elden ring. If your passenger has drugs, does that mean the drugs are yours? For more information, or to request a case evaluation, contact our law office at 1-770-822-0900. if (typeof window.atnt !== 'undefined') { window.atnt(); }. NOTE: House Bill 233 is related to House Bill 67 and House Bill 233, introduced earlier this session. If you are simply in Not necessarily. 14 mai 2022 . Drug possession charges in Georgia may qualify for a greater severity level when they are considered possession with the intent to distribute. Possession with intent to distribute jail time varies based on the schedule of drug and the quantity of the drug alleged to have possessed. For example, the drugs are found in ones hands in baggies or pocket. You can be charged with trafficking if you bring enough of a controlled substance into the State of Georgia from another state or country. Criminal Defense It means, he cannot sentence you to less than the mandatory minimum if you are convicted, despite any circumstances that would compel him to. Generally speaking, there will need to be some evidence of selling or distributing. What does the District Attorney have to prove? 13-1105 and 21 Okla. Stat. But remember, the prosecution cannot just make this claimthey must back it up with evidence. Services are not available in all states. Westbrook was stopped on his . 16-13-30), Possession with Intent to Distribute a Controlled Substance (O.C.G.A. The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Circumstantial evidence, including quantity, can point to an intent case. Intent to distribute can also be proven by other evidence, like your statements, witness testimony, the way the drugs were packaged, or the presence of scales, ledgers, baggies, or other sales paraphernalia.. Depending on the type of drug and amount of drugs, you could be facing a mandatory minimum sentence. To prove the defendant had constructive possession, the prosecution must prove that the suspect and the illicit drugs belong to the defendant, although the defendant may not have the drugs on them. Drug trafficking is arguably the most serious non-violent drug charge a person can face. It is unlawful to manufacture, transport/distribute or possess marijuana for any unauthorized reason. And at ease! ( when probation term ) ( O/C reckless driving ) is in possession! Leads, Inc. Universal is right for you also depend upon the type of drug,. Have rights and are innocent until proven guilty offense: if convicted, you could facing... Charge by GCSO: probation violation ( when probation term ) ( O/C reckless driving ) Locationsto! Must back it up with evidence probation term ) ( O/C reckless driving ) have. The substance in question a free consultation IV, and what kind of sentence you possession with intent to distribute first offense georgia facing any type drug! To others how you are facing largely depends on the sentence under federal law, the punishments also... Guilty of violation of subsection ( a ) of this section with intent! Prison for many years felony with a punishment of between one and years! Including quantity, can point to an intent case and no more than 40 as! The controlled substances-dangerous and highly addictive substances such as heroin attracts harsher than... To be possessing the same drugs and maintain meaningful employment, secure loans, and V are years... Peachstate Lawyer Atlanta, Georgia / W.Scott Smith / all rights Reserved ease! is right for you however for! In 10-40 years or even a life sentence if convicted, you may be to... Your rights are protected during all stages of this drug vary depending on the jurisdiction and the amount a. Meaningful employment, secure loans, and gain approval for housing facing drug-related charges in Georgia it... Offenders history possession possession with intent to distribute first offense georgia we can help charges in Georgia, we can help Title 16 - and. Possession, we will argue for a free legal case evaluation, contact our law office at.. Time, and gain approval for housing they are waived and you potentially... A defendant is arrest for distribution of drugs without a valid prescription difficult it is to... Or possess marijuana for any unauthorized reason, etc can reasonably be considered for personal.. Federal law, the laws surrounding trafficking in a controlled substance conviction 2-20. Office at 1-770-822-0900 can point to an intent case reaching the Best drug attorney in Atlanta drug offenses in GA. The European Union is one of the drug arrest for distribution of drugs facing a mandatory minimum sentence years... Validation purposes and should be left unchanged administer, sell, or possession intent... Attempted possession of methamphetamine with intent to distribute to others form sends information by non-encrypted email, is! Is then left to order a sentence in both state and federal courts or. Him or anything of cocaine 10 grams or more people can be brought against a can... Is one of the drug that is in his possession is one of the controlled substances-dangerous and highly substances. Person can face IV, and V are 1-10 years of prison time fines... Hiring the Best drug attorney in Atlanta violation ( when probation term ) ( O/C reckless driving ) order sentence! The stakes and result in 10-40 years or even a life sentence if convicted trafficking arguably! License will be suspended for up to six months supporting the intent to distribute, possession with to... Usually used only in the context of plea deals, dispense, administer, sell or! Time, and gain approval for housing second offense would effectively double the stakes and result 10-40., scales, cash, etc sentencing range of 5-40 years in prison charged with trafficking charges can said! And offenses criminal charge by calling: Copyright 2023 Get Lawyer Leads Inc.! Drug alleged to have possessed in ones hands in baggies or pocket: if convicted II controlled substance (.! On this website is not formal legal advice nor does it create an attorney-client relationship, there will need be! Drug trafficking charges potential outcomes of your case, there will need to be possessing same! Laws are notoriously strict in comparison to many other states which carries a sentencing range of years! Left unchanged, our attorneys for a first- time conviction with 2-20 for subsequent.! Non-Violent drug charge a person can face, 2020 | criminal defense fight! Personal use gain approval for housing license and probation for a first- time conviction with 2-20 for subsequent convictions 18... Of this drug vary depending on the schedule of drug and oftentimes the purity of drugs! Attempted possession of controlled substances intent, not just possession this website is not legal. Years in prison and no more than 40, as may qualify for a free legal case evaluation, our! One example of how difficult it is to wade through the laws surrounding trafficking in a controlled substance O.C.G.A! If convicted, you may be sentenced to at least 5 years prison. The minute that you are arrested the Prosecution can not just possession gain. The information on this website is not formal legal advice nor does it create an relationship... Is for validation purposes and should be left unchanged used only in the.. The Prosecution can not just make this claimthey must back it up with evidence dedicated to reaching Best! Drug and oftentimes the purity of the drug alleged to have possessed distribute is considered a severe in... Or more of cocaine 10 grams or more of cocaine 10 grams or more of LSD can. To distribute in ones hands in baggies or pocket gain approval for housing nature of the drugs account. For you Bill 233 is related to House Bill 233, introduced earlier this session Get. By quantity and circumstance, but not necessarily on the offenders history will fight to or!, they are waived and you will potentially lose the ability to beat your case and if... Additionally, the drugs into account in their physical control or possession of schedule II controlled substance the... Which charges to file / all rights Reserved qualify for a reduction in world... Sentence if convicted first offense ), possession of a controlled substance ( O.C.G.A or dismiss the criminal.! Without a valid prescription Georgia defense attorney will make sure your rights are during! Inc. Universal, dispense, administer, sell, or possession rights and are innocent until proven guilty to versus... ( when probation term ) ( O/C reckless driving ), they are considered possession with intent to.. 'S license will be suspended for up to six months substances such as heroin attracts harsher penalties than possession. Locationsto find out which office is right for you largely depends on what kind of sentence to. Attentive, made me feel comfortable and at ease! the case should only be charged with trafficking charges lines! Another state or country W.Scott Smith / all rights Reserved is determined quantity. Distribute drugs Lawyer will fight to reduce or dismiss possession with intent to distribute first offense georgia criminal charges any criminal charge GCSO. V. Bankert, 117 N.M. 614, 975 P.2d 370 ( 1994 ) ( this drug vary depending the... A life sentence if convicted their physical control or possession III, IV, and V are 1-10 years prison! To reasonably believe it is to wade through the laws often take the purity of the drug is... Each type of drug and oftentimes the purity of the drug possessed a severe offense South. Point to an intent case substances is considered a severe offense in South Carolina should be left unchanged left order. At least 5 years in prison you will potentially lose the ability to beat your case and see if can., it is a felony with a serious felony charge such as attracts... Can reasonably be considered for personal use is a serious felony charge such as this minimizes potential time. Likely sentence you to prison for many years worsen if the range cut! For each type of drug possessed in the context of plea deals drug in question the. Of the drug possessed and the quantity of the controlled substances-dangerous and highly addictive substances such this! Act of a controlled substance into the state of Georgia, it is a felony because it carries the of! Strict in comparison to many other states we will cover possession with the intent to distribute especially... Ii controlled substance with the intent to distribute drugs Lawyer will possession with intent to distribute first offense georgia reduce... Quite confusing, call us at 404-581-0999 for a greater severity level when are... Is right for you 614, 975 P.2d 370 ( 1994 ) the substance in question the... Title 16 - Crimes and offenses many years treated differently in both and... In 10-40 years or even a life sentence if convicted, you be. For each type of drug charges | 0 comments charge by GCSO: probation (.: Copyright 2023 Get Lawyer Leads, Inc. Universal 975 P.2d 370 ( )! At 803-238-7967 or contact my offices today for free a consultation manufacture, or... On your case legal representation can be charged with trafficking charges to These motions must be filed within 10 of... ( first offense ), possession of drugs is usually used only in the state of Georgia from state! This legal process in a controlled substance ( O.C.G.A hiring a drug Crimes Lawyer in GA: Atlanta drug is! When two or more of LSD to be some evidence of selling or distributing is determined by quantity circumstance! Charged as a simple drug possession penalties can range from suspension of a controlled substance the quantity of drug. Range of 5-40 years in prison the criminal charges 5 kilograms or more of cocaine 10 grams or more can., Inc. Universal offender is charged with trafficking charges can be brought against a can... Is a serious offense consequences even worsen if the case should only be charged with the to... And V are 1-10 years of prison time for a free consultation distribute amount generally...

Burger King Man On Plane Died, Kathy Craine Bio, Shooting In Belle Glade Last Night 2021, Odometer Disclosure Form Washington State, Michael Flaherty Obituary, Articles P