DeKalb County Marijuana Lawyer

DeKalb County Marijuana Attorney

The laws regarding marijuana possession and usage in the United States have gradually been decriminalized over the past decade. In some states, marijuana is almost completely legal. In others, the marijuana laws are considerably more complex. In Georgia, marijuana is still illegal for personal use, and if you are caught with drugs in your possession, you may require the services of a DeKalb County marijuana lawyer.

Common Marijuana Charges in Georgia

The charges you may face for a marijuana-related crime depend largely on the amount of marijuana you are caught with at the time of your arrest. The larger the amount, the bigger the potential penalty you could face. Regardless of the charge, contacting a DeKalb County criminal defense lawyer is typically advised to help you build a case. Here are some of the more common marijuana charges you could face in Georgia:

• Misdemeanor Possession: Under Georgia state law, possession of one ounce or less of marijuana is considered a misdemeanor, which carries with it a maximum penalty of one year in prison and a fine of $1,000 if found guilty.Possession does not necessarily have to mean that the marijuana was on your person at the time of your arrest. If you are believed to be “in control” of the substance, it could still count. Control could mean the substance was within your reach, in your backpack, on your kitchen table, or in your car’s glove compartment. If the substance is within your reach and it can be reasonably assumed you knew about it, you possess it.If this is your first offense and you are charged with misdemeanor possession, there is a chance you and your lawyer could pursue a conditional discharge from the judge. Essentially, in a conditional discharge, the judge will order you to carry out a term of probation instead of a prison sentence.If you carry out this probation term without any additional charges or problems, your possession charge will be dropped and will not go on your criminal record. However, if you violate the terms of your probation, your case will go to trial, and you will likely face the maximum sentence for your charge.
• Felony Possession: If you are caught with more than a single ounce of marijuana, the penalties could rise substantially to a felony charge. A felony possession charge carries a maximum sentence of ten years in prison and a possible fine of $5,000. The distinction between felony possession and possession with intent to distribute is important. You must prove that the marijuana in your possession was for personal use and nothing else.
• Possession With Intent: Possession with intent to distribute marijuana raises the charge to drug trafficking, which brings heavy penalties with the potential conviction. Possession with intent to distribute marijuana is a felony charge that is applied when it is clear that you possessed a large amount of marijuana and intended to sell it to another party. The penalties for this charge depend on the amount.

If you have 10 pounds or less, you could face a maximum prison sentence of 10 years and a $5,000 fine. If you have between 10 and 2,000 pounds, the maximum sentence rises to 30 years, and the possible fine rises to $100,000. If you have between 2,000 and 10,000 pounds, the maximum sentence stays at 30 years, but the fine rises to $250,000. Anything more than 10,000 pounds means the maximum sentence stays at 30 years, but the possible fine rises to $1,000,000.

FAQs About DeKalb County, GA Marijuana Laws

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

According to state penalties, the length of time you could be incarcerated largely depends on how much of the substance you are caught with and whether or not it is your first offense. Possession of marijuana can be charged as a misdemeanor or a felony, and the level of charge will heavily impact how long you could be sentenced to jail or prison. Speaking with a knowledgeable defense attorney can help you determine the potential incarceration period you are facing.

How Do You Beat a Possession Charge in Georgia?

There are many ways to beat a possession charge in Georgia. The most effective way is to hire an experienced drug crimes lawyer who can advise you on creating a defense strategy. If you are a first offender, you might be able to pursue a dismissal under the First Offender Act, which allows certain first offenders to have their charges dismissed if they plead guilty and agree to certain terms.

What Are the Marijuana Laws in DeKalb County, Georgia?

The marijuana laws in DeKalb County, Georgia, are largely the same as those in the majority of the state. Possession of marijuana in DeKalb County is a misdemeanor if the amount in your possession is less than an ounce. If it is more than an ounce, it becomes a felony charge under Georgia law. Understanding exactly which laws apply to your situation can be difficult, but a local defense attorney can help you determine the applicable laws.

Do I Need an Attorney if I Am Facing Drug Possession Charges?

There is no legal mandate stating that you need an attorney if you have been charged with drug possession. It is, however, recommended that you retain an attorney if you are facing any criminal charges. They can help you through the criminal justice system, ensuring your rights are protected throughout the process. They can also help you build a strong defense against the charges.

Reach Out to a DeKalb County Marijuana Possession Defense Lawyer Today

Facing substance charges can be intimidating, stressful, and confusing. You should retain the services of an experienced marijuana lawyer as soon as possible. The legal team at Miller North & Brill knows the kind of support you need and can assist you with developing your defense, gathering supporting evidence, and advocating on your behalf in court if it comes to that. Contact us to schedule a consultation with a valued team member as soon as you or a loved one is charged with marijuana possession.