What is considered drug traffic charges in Georgia?
Drug traffic charges in Georgia 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 Traffic Charges In Georgia?
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 possesion attorney in Georgia 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 traffic charges in Georgia 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 traffic charges in Georgia. 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.
Michael Fulcher Law is Here to Help You
As can be seen, an arrest for drug traffic charges in Georgia 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 possession 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.