How to Fight a Drug Possession Charge in Georgia

Drug crimes are generally met with very little leniency in Georgia and even simple drug possession of an illegal drug can result in lengthy jail time and hefty fines.

Your best bet of avoiding such harsh penalties is to seek legal counsel as soon as possible after an investigation by law enforcement into drug possession begins—or charges are filed against you.

An experienced drug possession lawyer understands the relevant laws and the local judicial system in Georgia intimately and can help defend the charges. The potential for case dismissal, reduced charges or an acquittal at trial is much more likely with a knowledgeable attorney on your side.

Even if a conviction for drug possession results, a seasoned criminal defense lawyer can help minimize the consequences for the future.

Under Georgia law, a drug possession charge can result in a variety of penalties, dependent upon the type and quantity of drug involved—and the criminal background of the defendant.

Schedule I or II substances, like cocaine and methamphetamines, are treated more harshly than Schedule III substances. However, bear in mind that marijuana remains a Schedule I substance in Georgia.

Simple possession of a controlled substance is usually prosecuted as a misdemeanor but it can still lead to fines and jail time. Possession with intent is a separate felony offense punishable by up to 15 years in prison.

Defending any drug possession charge is essential to avoid both immediate consequences and the long-term consequences of a criminal record, such as issues with employment, education, immigration, travel, and so on.

Depending on the circumstances of the charge and what happened before, during, and after the arrest, several defenses may be available to you.

Prosecutors must prove guilt beyond a reasonable doubt—which is a high legal bar to meet. Skilled criminal defense lawyers can often cast doubt on the evidence available to prosecutors.

Unlawful search or seizure

Law enforcement officers in Georgia can and do make mistakes when charging people with drug possession. If law enforcement officers obtained evidence without a proper warrant, for instance, your Fourth Amendment rights may have been violated.

This can lead to key evidence being declared inadmissible, effectively resulting in the collapse of the case against you and charge dismissal.

Lack of possession

To be found guilty of possession, the prosecution must prove that the defendant had illegal drugs in their actual or “constructive” possession. Constructive possession means that the defendant had “control” over the area where the drugs were found. You can be convicted of possession even if drugs are not found directly on your person.

However, skilled defense attorneys can often create reasonable doubt that a defendant had “control” over the area in question or even had any knowledge of the presence of drugs. This can be an especially strong defense if the drugs are found in shared spaces or vehicles.

Entrapment

Entrapment is where law enforcement officials induce someone to commit a crime they wouldn’t have otherwise committed. It may sometimes apply to a drug possession case, and a skilled drug possession lawyer may be able to use this to a defendant’s advantage.

Beating a drug possession charge can be challenging but enlisting the help of a seasoned criminal defense lawyer experienced in these types of cases increases the odds of a favorable outcome, such as reduced charges or dismissal.

Your attorney will help you with the following:

• Understanding the charge: drug possession charges in Georgia can be misdemeanors or felonies, depending on the types/quantity of drugs found. Understanding the classification of your charge is the start of the process of beating it.
• Following legal procedures and protecting your legal rights: your lawyer will guide you through Georgia’s judicial system.
• Building a personalized defense strategy: your lawyer will analyze the specific details of your case and start building a tailored defense strategy—usually based on one of the strategies outlined above.

Avoiding conviction and incarceration: there may be legal options available that can help to prevent the worst consequences of a drug possession charge if case dismissal or acquittal is not possible (see next section).

First-time drug possession offenders and those who pursue the full range of legal options available may be subject to more lenient treatment from the judicial system in Georgia, preventing some of the worst outcomes of a conviction—including a harmful criminal record—and offering a “second chance”.

Below we cover some of the diversion program options potentially available…

The First Offender Act

Qualifying individuals charged with relatively minor drug offences may be allowed to complete probation rather than a prison sentence—and, importantly, avoid a criminal record.

To qualify for this, the defendant will need to meet specific conditions but will pay reduced fines and spend time on probation. In some cases, some jail time may be required.

Drug Treatment Court

Drug Treatment Court focuses on rehabilitation and treatment rather than punishment.

Individuals facing drug possession charges who meet certain criteria may be eligible for enrollment in this program, where they will receive treatment and counseling to help fight addiction. Upon completion of the program, the charges can be dropped or reduced.

Conditional Discharge

Certain first-time offenders might be allowed to plead guilty to drug possession charges in exchange for entering into a drug treatment program.

The court doesn’t accept the “guilty” plea but imposes certain conditions on the defendant, which, if met, lead to the charges being dismissed and no criminal record. However, failure to meet the terms of the conditional discharge can result in a heavy sentence.

Plea Bargaining

Depending on the nature of the crime and the prosecution, your drug possession defense lawyer may be able to negotiate a plea bargain with reduced charges or a lighter sentence (including limited or no jail time).

After speaking to drug possession defendants, Michael Fulcher will carefully consider the circumstances of the alleged offense as well as the defenses and legal options available.

Because of the potential for severe punishments and a lifelong criminal record, seeking such experienced legal counsel is essential to avoid potentially life-altering consequences.

If you’re facing drug possession charges in Morgan County, Georgia, or the surrounding area, speak to a defense lawyer from Michael Fulcher Law, LLC. We’ll outline your legal options, help you navigate the judicial system, and reduce the impact on your future. Contact us for a free consultation or call us at 706-438-1555.