Experienced Defense On Your Side In Drug Charge Cases
Sometimes people are charged with drug offenses even though they had no knowledge the drugs were present. In other cases, they are charged because they were not aware that they needed to carry prescription pills in the bottle in which they were dispensed or have the written prescription for the pills.
You need to speak with a lawyer so you can make an informed decision about important next steps. Contact our firm, Duffee Law Firm, LLC. Our founder, Robert Duffee, is a Carrollton drug charges attorney who can discuss your case and determine whether you may be able to have your charges reduced or dismissed.
Size Matters During An Arrest
The state of Georgia bases drug charges on the amount, location and type of drugs found. For instance, heroin and marijuana are very different drugs, but if the amount of marijuana found is more than 1 ounce, both can carry felony charges. If the amount is less than an ounce, it’s a misdemeanor.
Although misdemeanors carry a lesser sentence than felonies, a conviction of any kind can have a serious and lasting impact on your life. In Georgia, drug possession is taken very seriously and judges can impose severe fines and harsh sentences.
Defense For Crimes Involving Meth
Meth manufacturing has exploded – sometimes quite literally. Producing methamphetamine is a growing problem, and one technique referred to as “shake and bake” involves the use of exceptionally volatile chemicals.
Meth labs are found in homes, sheds, hotel rooms and trailers. It is usually quite obvious when drugs are being produced, but some people have been arrested and charged even though drugs were not being produced while they were visiting the location.
If you have been charged with a criminal case of drug possession, you could be facing a fine of thousands of dollars, incarceration and/or loss of driving privileges, child custody, financial aid and the right to vote or carry a gun if you are convicted.
How Georgia Classifies Controlled Substances
Georgia places controlled substances into five schedules based on factors such as accepted medical use, the risk of misuse and the likelihood of dependence. The schedule assigned to a substance can affect how prosecutors charge your case and the penalties you may face.
Georgia law establishes Schedules I through V and identifies the substances assigned to each category. The following overview explains the general classifications:
- Schedule I: These substances generally have no accepted medical use under the law and carry a high risk of misuse.
- Schedule II: These drugs may have an accepted medical use, but they also carry a high risk of misuse or dependence.
- Schedule III: These substances have accepted medical uses and a lower risk of misuse than Schedule I or II drugs.
- Schedule IV: These drugs have accepted medical uses and a lower risk of misuse than Schedule III substances.
- Schedule V: These substances have accepted medical uses and the lowest risk of misuse among the five schedules.
The drug schedule is only one part of the case. The amount involved, the alleged conduct, your criminal record and whether prosecutors claim you intended to distribute the substance can also affect the charge. Because these details may change your possible sentence, our lawyer will review the exact substance and circumstances involved.
Could A First Drug Possession Charge Lead To Jail?
A first drug charge does not always mean that you will go to jail. However, the possible outcome depends on the drug, the amount, the charge filed and your eligibility for alternatives to incarceration.
Some first-time defendants may qualify for conditional discharge, probation, a diversion program or another negotiated resolution. Conditional discharge may allow an eligible person to complete court-ordered requirements without an adjudication of guilt. Successful completion can result in dismissal, but the court must approve this option and you must comply with every condition. Our attorney can explain whether one of these paths may be available in your case.
Can Georgia Drug Charges Be Reduced Or Dismissed?
A reduction or dismissal may be possible, but no result is automatic. Your defense will depend on how the police found the drugs, whether officers had legal grounds to stop or search you and whether prosecutors can prove that you knowingly possessed the substance.
Your attorney may also examine the crime lab results, the handling of the evidence and the chain of custody. Missing records, testing problems or constitutional violations may weaken the state’s case. In other matters, negotiations may lead to a reduced charge or an alternative resolution. A careful review of the evidence will help you understand which defense strategy fits your circumstances.
Contact An Aggressive Drug Defense Lawyer
Prompt action is the key to fighting your charges. You need an aggressive defense presented by an experienced lawyer. You may have a very good explanation for your circumstances, but you should not talk to the police without talking to us first. Contact our firm at 770-884-6402 to discuss your options.
Let Duffee Law Firm, LLC, pursue your case so you can focus on regaining control of your life.