Clayton County Drug Crime Lawyer

Clayton County Drug Crime Attorney

Being charged with a drug crime can be serious and have severe legal implications. In Georgia, offenders may face large fines, prison time, and possible probation. Because of the complex nature of drug laws and the possible life-changing consequences, it is crucial for anyone facing drug charges in the Clayton County area to hire a Clayton County drug crime lawyer. An attorney who has relevant experience can evaluate the case and determine what defenses are available to the alleged offender.

Miller North & Brill: Your Clayton County Drug Crime Lawyers

At Miller North & Brill, we are dedicated to working tirelessly for our clients. With our combined 30+ years of legal experience and our knowledge of the legal system, we can ensure every case we take is in great hands and will be handled with the utmost care. We lead with compassion, transparency, and understanding so that our clients feel comfortable and we can establish mutual trust.

Types of Drug Crimes in Clayton County

There are many different types of drug crimes, and each comes with different penalties. They include:

• Purchasing of Drugs – It is illegal in the state of Georgia to purchase any controlled substance. A person found purchasing drugs can be charged with possession.
• Drug Possession – possession of an illicit controlled substance can be classified as a felony or misdemeanor depending on factors such as your criminal history, the amount of drugs found, and the type of drugs.However, having possession of a drug is often a felony charge, with the penalties varying. A person charged with possession of a Schedule I or II drug for the first time faces up to 15 years in prison if convicted. A second-time offender faces up to 30 years. It is also possible to be charged with federal drug charges.
• Drug Distribution – A drug distribution charge means your goal was to sell, distribute, or traffic drugs. This can be a potential felony charge.
• Drug Trafficking – Transporting drugs or contraband illegally for sale or use is considered drug trafficking. In Clayton County, Georgia, a drug trafficker may be charged with the intent to distribute. Penalties for this crime depend on the type of drug that is involved and how much is being distributed. Cocaine is typically trafficked more often than other drugs, including heroin, meth, and prescription drugs.

Different Drug Schedules

Drugs are classified into different Schedules based on their potential for abuse and medical usage. These Schedules include:

• Schedule I drugs: Drugs that are very likely to be abused and have no recognized medical usage. This includes ecstasy, LSD, and heroin.
• Schedule II drugs: Drugs with a high potential for abuse but also a medical use that is accepted. Examples include amphetamines.
• Schedule III drugs: Drugs with less potential for abuse than Schedule I and II drugs. These drugs have an accepted medical usage. These include depressants, stimulants, and steroids.
• Schedule IV drugs: Drugs with a potential for abuse that is lower than that of Schedule III drugs. These typically have an accepted medical usage and can include specific stimulants and depressants.
• Schedule V drugs: These drugs are the least likely to be abused. They have an accepted medical usage, which includes a limited amount of narcotics as well as certain medicinal ingredients.

Potential Defenses Against Drug Possession

An experienced defense attorney should have a thorough knowledge of possible drug possession defense strategies.

The Fourth Amendment protects citizens from illegal search and seizure of any personal items. If you experienced an illegal search and seizure, it is possible that any drug-related evidence obtained by law enforcement will not be allowed during your trial. In this case, charges against you may be dropped.

Your criminal defense attorney could also raise the defense that any drugs found in your home or vehicle did not belong to you and you were unaware of their existence. In this case, the burden of proof would be on the prosecutor. They would have to prove that the drugs found belonged to you.

Another possible defense involves demonstrating that officers planted drugs on you. It can be difficult to prove that drugs were planted, but that doesn’t mean there shouldn’t be an investigation. If your attorney files a motion to have the police department provide the complaint of the specific officer, that officer could then be questioned by your attorney.

Lastly, entrapment happens when an officer somehow persuades someone to commit a crime, in this case, involving drugs. Your attorney could present evidence in court suggesting that you were entrapped to commit the crime.

FAQs About Clayton, GA County Drug Crime Laws

How Do You Beat a Drug Trafficking Charge in Georgia?

There are several ways one can beat a drug trafficking charge, but it depends on the circumstances of the case. For that reason, it is important for anyone charged to consult with an experienced attorney. They can determine what defense can be used to pursue the most favorable outcome, factoring in the costs of legal representation. There are a number of factors that play into the success of a case, and each one is different.

How Long Do You Go to Jail for Drug Possession in Georgia?

The amount of prison time for drug possession depends on a few aspects, including how many times a person has been convicted of the crime. A first-time offender can face up to 15 years in prison if convicted of possession of Schedule I or II substances. The punishment is more severe for those who have prior possession convictions.

Can You Get Probation for Drug Trafficking in Georgia?

Drug trafficking in Georgia is considered a very serious offense and typically has a mandatory minimum sentence. The likelihood of getting probation is dependent on several factors, including your criminal history, details of the case, and the judge’s discretion. Certain first-time offenders may be able to get probation, as well as those who accept some kind of plea deal.

Can You Get a Bond for Drug Trafficking in Georgia?

In general, someone who is charged with drug trafficking is eligible for a bond; however, the amount varies. The amount for your bond depends on factors of your case, such as whether you have a history of criminal or drug convictions and if you are considered a danger or flight risk.

Consult With an Attorney at Miller North & Brill

Drug crime charges can be severe and greatly impact your life, but they do not mean that you will be found guilty of the crime. It is possible for you to fight the charges against you and defend your rights with the assistance of a skilled drug crime attorney. Contact our attorneys at Miller North & Brill to get started. We may help mitigate any potential consequences following a drug crime charge.