Experienced Drug Possession Lawyer
in Madison, Georgia

Perhaps the most critical factor is beating a drug possession charge is to get the best possible legal representation. Look for a drug possession lawyer who has experience with cases like yours, and who knows the local laws, and has worked in the courts in your jurisdiction. That’s important, because that’s the attorney who has insights into the prosecutors, and judges who will most likely be on your case. At the same time, make sure you feel comfortable with your attorney, and trust that your case will be given the attention it deserves, and needs. Get representation as soon as possible—preferably as soon as you post bail. Do not wait until an indictment is handed down.

After looking at the facts of your case, we can determine the best course of action. For instance:

• Were your Fourth Amendment rights violated: Did the police commit illegal search, and seizure? Were you questioned without being allowed to see a lawyer or not given your Miranda rights?
• Did entrapment play a role: Were you induced into taking a drug into your possession by an informant or the police?
• Was there an abuse of power: Was there an excessive use of force or other intimidating tactic used at the time of your arrest, or did you feel coerced in any way?
• Is there reasonable doubt: Is there a good reason to believe that you really didn’t know that the drugs were in your home or car, and that they may have been put or left there by someone else?
• Were the drugs actually yours: Were they found in someone else’s vehicle or residence?
• Did you have a lawful medical reason for having the drug: Did your physician prescribe a Schedule II, Schedule III or Schedule IV drug for your legal, and legitimate use?
• Was the chain of custody broken: Was the drug evidence mishandled by the police or are they actually missing?

We examine every possible avenue in creating a defense on your behalf to help you “beat a drug possession charge”, and get you the justice you deserve.

Any arrest is bound to be stressful. Because penalties for Georgia drug possession, and drug trafficking law are so severe, it’s imperative to:

• Stay calm: don’t yell or get hysterical, and definitely don’t become violent
• Be respectful: While it’s true that you’re angry, and possibly feeling defiant, being uncooperative, and mouthing off is not going to help your situation. That doesn’t mean you have to volunteer any information to the police beyond your name, and produce your identification, but that’s it.
• Be smart: Do not lie to, attempt to bribe, or otherwise try to convince the police to release you.
• Request legal counsel: It’s your right, and it’s in your best interest. Don’t discuss anything with the police without your lawyer being present.

The difference between personal use, and trafficking (or possession with intent to distribute) is largely a matter of amount. Say you had an ounce, and a half of marijuana: that may seem like something you would use over a medium period of time. Unfortunately, the threshold for personal use is less than an ounce, and everything over that is considered enough to sell or distribute. At the same time, if you have less than an ounce in your possession but were also nabbed with scales, multiple baggies, or a lot of cash, you are likely to be facing an intent to distribute felony charge.

There are a number of factors that go into determining Georgia felony drug possession jail or prison sentences, fines, or other penalties.

• For possession of a Schedule I or Schedule II, and non-narcotic drugs: Imprisonment of not less than one year nor more than 15 years for a first offense, depending on the amount. A third or subsequent offense doubles that amount. (Schedule II narcotics include morphine, opium, codeine, fentanyl, and oxycodone, among others. Schedule II non-narcotic drugs include stimulants such as amphetamine or methamphetamine, and Ritalin, as well as amobarbital, glutethimide, and pentobarbital.)
• For unlawful possession of non-narcotic Schedule III, Schedule IV or Schedule V drug: A sentence of not less than one year nor more than five years for a first offense. Upon conviction of a second or subsequent offense, the sentence becomes not less than one year nor more than ten years.

Although the penalties that the court can impose are severe, there are punishments that are apart from those handed down by a judge. Convictions for drug possession can lead to strict conditions of probation for years, suspension of driving privileges, affect your ability to get a job, obtain a loan, or get a firearms license. It frequently leads to problems with family, and friends. Landlords typically run background checks, and are less than likely to want to rent to someone with a felony record., and if you are seeking child custody, a drug possession conviction may very well be held against you.

In criminal trial cases, the arraignment is the first time you will appear in court to address your charges. At the arraignment hearing, the judge will read the charges against you. You will be apprised of your rights, and your plea will be entered: you plead either guilty or not guilty. If you do not enter a plea, the court automatically enters a plea of not guilty. If you plead not guilty, your drug possession lawyer can ask for all evidence in your case, and start building a defense on your behalf.

Yes, possession of paraphernalia is a crime in Georgia—even if you did not have drugs in your possession. Sometimes where there’s smoke, there’s fire, so if you are caught with certain items you can be charged under Georgia § 16-13-32.2: Possession, and Use of Drug-Related Objects. These include “any object or materials of any kind for the purpose of planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body marijuana or a controlled substance.”

Drug paraphernalia includes, among other things:

• Scales
• Syringes
• Rolling papers
• Roach clips
• Bongs or Pipes
• Cards or other objects with drug residue
• A quantity of plastic “baggies”
• Rolling papers
• Even tin foil,

A violation of this code is a misdemeanor, punishable by a jail term of up to one year and/or a fine not to exceed $1,000.

There are no guarantees, but in some cases you may be eligible for a diversion, or alternative sentence, under Georgia’s First Offender Act. It is not automatically offered; it is requested by your drug possession attorney. It is only available if, indeed, it is your first offense, and you have never been convicted of a felony in Georgia or any other U.S. state.

Under this act, you still receive a sentence, and may still have to serve some jail time, but if you satisfactorily complete all the terms of your probation, you will no longer have a conviction, the Court Clerk will enter an Order of Discharge, and your records will be sealed. Any violation on any term of the conditions set by the Court can nullify your first offender status: moreover, you will be convicted of your drug possession charge, and could be resentenced up to the maximum penalties.

Some people convicted of a drug-related felony may have the option of drug court. For example, Morgan County is served by the Alcovy Judicial Circuit drug court, and reflects a partnership between “judicial, district attorney, law enforcement, drug court office, treatment providers, defense bar, and felony probation representatives.” The stated mission of this program is to ” enhance public safety by reducing crime, and recidivism while maximizing the productivity, and health of community through a more efficient allocation of available resources, which establishes a comprehensive system of treatment, incentives, and sanctions for eligible drug dependent offenders.”

In order to be eligible, you must:

• Be 17 years of age or older
• Be facing felony drug charges
• Be facing a probation period of 18 to 24 months
• Have a substance-abuse problem
• Be a legal resident of the United States

You are ineligible if you live with a substance abuser, have been charged with sales or manufacturing narcotics, have a mental or physical disability that would not allow you to successfully complete the program, are in a medical pain management program, or have a history of violent crime or sex offenses.

Components of the program include integrating drug treatment services with justice system case processing, providing drug/substance abuse rehabilitation programs, monitoring abstinence of substance abuse through random drug testing, ensuring participants’ ongoing compliance through a coordinated strategy. By forging partnerships, and “using a non-adversarial approach, prosecution, and defense counsel promote public safety” drug courts also strive to “protect participants’ due process rights.”

Entry into the program is voluntary, and at the sole discretion of the program administrators, and “charges will be dismissed or a reduced sentence will be entered upon successful completion of the program.”