Skilled Drug Traffic Attorney in Morgan County, Georgia

Arrested man seating next to a table full of illicit drugs -drug trafficking offenses

When you are arrested for drug trafficking in Georgia, confusion, anxiety and panic can set in. You think to yourself – what will happen next? What are my rights, and how can I protect them? You may, or may not know that the penalties for a drug trafficking conviction are severe, and may include a long prison sentence and thousands of dollars in fines. Thus, if you are arrested, you must retain a skilled and experienced felony drug defense attorney who can advise and guide you through your difficult ordeal.

Michael Fulcher is a knowledgeable drug trafficking defense attorney that can help and protect you at every stage of your case. We provide a free consultation to answer your questions. Give him the opportunity to defend you – you won’t regret it.

How a Felony Drug Defense Attorney Can Help With the Drug Trafficking Charges You Face

The value of retaining an experienced drug defense attorney cannot be overestimated. Once you are targeted by law authorities for a drug charge arrest, the police can obtain surveillance warrants to search your home, vehicle and cell phone, and any other possessions, to pursue a conviction against you. With a state like Georgia having virtually limitless resources to prosecute you, you need experienced and competent counsel to defend you. Such an attorney will be able to explain your legal rights, guide you through the complicated legal system, and fight long and hard to protect you.

Drug offenses in Georgia fall into two categories – misdemeanors or felonies. While simple possession of a very small quantity of a drug may be classified by Georgia statutes as a misdemeanor offense, drug trafficking is a far more serious offense that is classified as a felony, where you face potentially severe punishment, including likely prison time, and substantial financial penalties.

However, there is no guarantee that even a small quantity of a drug will not be considered evidence of sales or distribution. Certainly, possession of a large quantity of drugs will be viewed as an intent to distribute and to traffic. Therefore , if you have been charged with a criminal drug offense in Georgia such as drug trafficking, it it absolutely essential that following your arrest, you remain silent, and that immediately thereafter, you retain skilled and experienced counsel to represent you and to protect your rights. Without such knowledgeable counsel representing you, it is unlikely that you will be able to defeat a criminal drug charge or even to obtain a deferred adjudication of it.

An experienced attorney is especially necessary for a first-time offender, who is inevitably unfamiliar with criminal law and the legal system. In representing a first-time offender, a knowledgeable felony drug attorney may be able to obtain an alternative disposition, with lighter punishment or penalties. This is especially true where the lawyer may be able to negotiate a favorable plea deal for his or her client, rather than to have them face the risk of a felony drug trial.

An experienced attorney will know that a first-time offender stands the best chance of obtaining a plea alternative. Such alternatives might include a conditional release or discharge, or diversion into a special program for youthful and/or first time offenders. Michael Fulcher knows criminal law, with over 17 years of experience as a prosecutor, public defender, and privately retained defense counsel. That experience includes a deep understanding of law, criminal procedure, and familiarity with all of the players—police, prosecutors, and judges—in Morgan, Greene, Putnam, Jasper, Taliaferro, Walton, Newton Counties. Contact us today.

What is a Drug Trafficking Offense?

A drug trafficking offense includes the sale, manufacture, importation, delivery or possession of a drug or controlled substance over a specific amount. The primary difference between drug trafficking and drug possession lies in the quantity of the controlled substance involved. You can be charged with drug trafficking if you are caught with ten or more pounds of marijuana or one ounce or more of a drug, like cocaine or methamphetamine.

Drug trafficking offenses are always more serious than drug possession offenses, as they will expose you to much more serious charges, including lengthy, mandatory prison sentences.

What are the Penalties for Drug Trafficking in Jasper County, Georgia?

The penalties for drug trafficking in Jasper County, Georgia are related directly to the type and quantity of the drug or controlled substance that is involved. The higher the quantity, the harsher and more severe are the penalties. The following are the penalties for drug trafficking, as set by the Georgia Criminal Code, for the most widely used drugs.

  • Amphetamines or Methamphetamines:
    • 28 grams to less than 200 grams – a minimum of 10 years in prison, and a fine of $200,000;
    • 200 grams to less than 400 grams – a minimum of 15 years in prison, and a fine of $300,000;
    • 400 grams or more – a minimum of 25 years in prison, and a fine of $1,000,000.
  • Cocaine:
    • 28 grams to less than 200 grams – a minimum of 10 years in prison, and a fine of $100,000;
    • 200 grams to less than 400 grams – a minimum of 15 years in prison, and a fine of $300,000;
    • 400 grams or more – a minimum of 25 years in prison, and a fine of $1,000,000.
  • Ecstasy:
    • 28 grams to less than 200 grams – between 3 and 30 years in prison, and fines of between $25,000 and $250,000;
    • 200 grams to less than 400 grams – between 5 and 30 years in prison, and fines of between $50,000 and $250,000;
    • 400 grams or more – between 10 and 30 years in prison, and fines of between $100,000 and $250,000.
  • Marijuana:
    • 10 pounds to less than 2,000 pounds – a minimum of 5 years in prison, and a fine of $100,000;
    • 2,000 pounds to less than 10,000 pounds – a minimum of 7 years in prison, and a fine of $250,000;
    • 10,000 pounds or more – a minimum of 15 years in prison, and a fine of $1,000,000.
  • Opium, Heroin,and Morphine:
    • 4 grams to less than 14 grams – a minimum of 5 years in prison, and a fine of $50,000;
    • 14 grams to less than 28 grams – a minimum of 10 years in prison, and a fine of $100,000;
    • 28 grams or more – a minimum of 25 years in prison, and a fine of $500,000.

Following your arrest, at a time when you will be facing the very real possibility of a long period of incarceration, and fines that you will not be able to pay, the severity of these punishments and penalties is sobering evidence that you will need experienced and effective counsel to protect your legal rights. Michael Fulcher Law can help.

Can a Drug Trafficking Charge be Dismissed?

With the help of experienced and knowledgeable counsel, a drug trafficking charge can potentially be dismissed or reduced. There are several avenues that an experienced attorney will want to investigate and explore to see if the charges against you can be dismissed or reduced to a lesser charge.

First, the attorney will seek to show that you never owned the drugs in question. If the attorney is able to provide evidence that you never owned the drugs, and that they actually belong to someone else, then the prosecution might consider dropping the trafficking charge, as it will become much more difficult for them to achieve a conviction on such a basis.

Second, even if you owned the substance in question, an experienced attorney will investigate to see whether the prosecution may have made a mistake in determining whether you intended to traffic or distribute the drugs in the first place. As in any prosecution, the government must prove beyond a reasonable doubt that you intended to distribute the drugs. If they realize that they will not be able to meet this level of proof, they might conclude that they overcharged you, that the trafficking charges were brought in error, and should therefore be dismissed or reduced.

Finally, an experienced attorney will always investigate the possibility of a lab error. That is, the results confirmed by the laboratory were erroneous. If the lab results cannot conclusively show that the items found on you were actual, illegal drugs, then it is certainly possible that drug trafficking charges will be dropped due to a lack of, or tainted, evidence. Additionally, the charges will be dismissed if it can be shown that the evidence was tampered with, that it was destroyed in testing, or that it was lost.

Proving any of the above can conceivably lead to the dismissal of a serious drug trafficking charge. Once again, only talented and experienced counsel working on your behalf would be able to do this.

What is the Severity of a Drug Trafficking Charge?

Drug trafficking convictions offer severe penalties, with mandatory minimum prison sentences that cannot be reduced by a judge. They are certainly far more serious than simple drug possession charges, and the penalties for a drug trafficking conviction are considerably harsher than those for even selling drugs. Drug trafficking is charged when the accused is alleged to have been in possession of an illegal controlled substance, over an amount specified by law. No other evidence of intent to sell or distribute is required. If a person is caught with a kilo of cocaine, the State of Georgia says there is no other purpose for that amount other than trafficking.

Criminal sentences for the violation of Georgia’s drug trafficking statute have been listed above. They are certainly harsh, severe and mandatory.

You need to retain knowledgeable counsel if you are charged with drug trafficking and want to protect your rights – and possibly avoid lengthy incarceration.

How to Beat a Drug Possession Charge?

Although carrying penalties that are not as severe as those for drug trafficking, the possession of an illegal controlled substance is a serious charge, carrying potential jail time and expensive fines. If you are charged with drug possession, you will certainly need to retain an experienced felony drug attorney to defend you. Such an attorney will use his or her knowledge of criminal law to see if the charges against you could be dismissed for any of a variety of reasons.

A skilled attorney will turn first to examining how the drugs were obtained by the police. Both the Fourth Amendment of the United States Constitution and the Constitution of the State of Georgia prohibit unlawful searches and seizures. If law enforcement did not obtain your consent to a search, or they did not have probable cause for a search, or if they obtained, without probable cause, a search warrant signed by a Georgia judge, the evidence that they acquired would be inadmissible in a judicial proceeding in a court of law. An attorney will need to utilize all of his or her talents to prove that probable cause did not exist and that such evidence is inadmissible.

However, if it becomes clear that the evidence against you was obtained lawfully, a skilled attorney would attempt to defeat a felony drug charge by negotiating with the prosecution to see if they would accept your plea to a lesser charge. If you agree to plead guilty to a lesser charge, you might be offered admission into a diversion program, thus avoiding jail time. Similarly, an experienced attorney would counsel you to admit your drug addiction to the authorities, an additional approach that might help you enter a rehabilitiation program and to avoid jail time.

Third, if you were in the presence of other people at the time that the drugs were uncovered, a skilled attorney might be able to argue successfully that the drugs did not belong to you, and that in fact they belonged to others. Following such an argument, the burden of proof would be on law enforcement and the prosecution to prove that you did own the drugs. Such a line of argument by your attorney on your behalf can often be successful and will work toward your benefit.

Fourth, an experienced drug possession attorney might be able to argue plausibly that you were entrapped into committing the crime by someone like an undercover officer or an informant, and that without their active encouragement or participation, you would not have committed the offense for which you were arrested. Cases of entrapment by law enforcement do occur and unfortunately are happening more often today. Police officers have been disciplined, and and have even gone to prison following convictions for entrapment.

Finally, a savvy and knowledgeable attorney will always examine whether there is a medical exception to a drug possession charge. One example is medical marijuana. If the police ignored your claim that you had a legal right to possess it, they would not have had probable cause to have searched your premises for it, and thereafter had you arrested.

These examples of how to beat a drug charge show the value and importance of a knowledgeable felony drug attorney, and how the attorney’s skill in vigorously protecting your rights cannot be overemphasized.

CALL US NOW
FOR A FREE CONSULTATION

When you need a lawyer after being charged with a DUI or criminal offense or as you explore your options for filing a personal injury claim, look no further than Michael Fulcher Law’s impressive background, and ultra-attentive client service. To learn more about how we can help you achieve the best legal solution possible for your circumstances, call our criminal defense law firm at (706) 438-1555 or contact us online, and schedule your free consultation today.

CALL NOW (706) 438-1555

Michael Fulcher Law is Here to Help You

As can be seen, an arrest for drug trafficking is a very serious matter that cannot be ignored, and must be addressed promptly. A drug arrest will not magically disappear on its own. The stakes are extraordinarily high, and prompt action must be taken on your behalf.

If an arrest is not handled by a skilled felony drug defense attorney who is fully familiar with criminal law and the intricacies of the legal system, your arrest can easily turn into a conviction that could have life changing consequences for you and your family. If you are arrested for drug trafficking in Jasper County, Georgia or its surroundings, or if you are arrested for simple drug possession, your first proactive step to defend yourself must be to immediately contact Michael Fulcher Law. We are here to protect and to defend you to the fullest. Take advantage of our free consultation. Find out for yourself what we can do for you.

AMAZING WORK

“Mr. Fulcher has been tremendously helpful with my case. Since hiring him he has consistently returned my calls as quickly as he can. We discussed an ideal outcome, and I set about doing exactly as he said. Following his advice we were able to get a very favorable outcome. He is always quick to answer any questions, and has stayed very engaged with me throughout this ordeal. Michael provides excellent counsel, and I would recommend him to anyone!”

— TOM

READ MORE REVIEWS