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Whether you are charged with your first drug crime or this is a subsequent offense, it is wise to consult with a Fulton County drug crime lawyer to review all of your options. Miller North & Brill, a law firm in Fulton County, prides itself on maintaining an honest and straightforward relationship with our clients. Our Fulton criminal defense attorneys are determined to conduct any and all measures within their legal power to ethically provide you with the most desirable end result possible for your case.
Drug crime charges can lead to serious consequences if convicted; charges can be either misdemeanors or felonies. The potential punishments for both are severe and will vary depending on the specific substance(s), how much of the substance is involved, what criminal other offenses may have been committed, and whether there is a previous history of similar violations.
In Georgia, the main criminal offenses considered to be drug crimes are the possession, distribution, trafficking, or manufacturing of illicit or illegally acquired substances. It is possible to be charged with one of these offenses on its own or a combination of these crimes.
Drugs are classified into categories according to the level of danger they pose and the likelihood of potential abuse. You can be arrested for a drug crime if you are found to be involved in certain activities with illegal substances and even some prescription medications.
In the state of Georgia, knowingly and intentionally holding small quantities of an illegal or illegally obtained substance or related paraphernalia (whether on your person or your property) is already a felony violation in most cases.
This includes anything from heroin to methamphetamine and even prescription drugs such as Xanax or OxyContin if the substance wasn’t acquired through a doctor’s permission or if you were found to be using the prescribed medication in excess or not as advised.
Small amounts of marijuana are an exception to this. It is possible to additionally receive a DUI charge if you are discovered driving under the influence of controlled substances, including marijuana. You may be charged with a DUI even if taking prescribed drugs as instructed if your ability to drive was affected, but especially if a blood or other chemical test shows you were abusing a prescription medication.
The exact punishment for a drug offense will depend on how many and which charges are administered and how dangerous the relevant substance is, among other influencing factors. The majority of sentences for a drug crime conviction may include some period of incarceration, heavy fines, probation, or community service.
Depending on the charges, severity, and circumstances surrounding your drug violation, your criminal defense lawyer may choose a combination of various defense strategies when crafting a strong course of action. It is their duty to provide solid and convincing evidence to support their defensive arguments while weakening the prosecution’s case by suppressing their evidence.
One common defense is arguing that the law enforcement officer lacked probable cause to be able to arrest you, usually including an illegal search and seizure; this defense with strong evidence proves your constitutional rights were violated and that any evidence obtained during this illegal act is inadmissible in court.
Other potential defenses against drug possession the attorney may argue are that the defendant was unaware the substance was drugs or had no knowledge that illicit substances were in their possession.
A drug crime defense lawyer in Fulton, GA, may also argue that the accused was entrapped or coerced into criminal activities such as possession of drugs or that they were under duress by threatening words or actions while committing crimes that they wouldn’t have done otherwise.
A: The cost of a criminal defense lawyer in GA will vary depending on the specific charges, how complex the case is, whether the case goes to trial or not, and the skill level and years of experience of the attorney. Most criminal lawyers will charge an hourly rate between $100-$500 on average and may require a retainer fee upfront. For some uncomplicated cases, they may charge a flat fee.
A: A felony defense attorney in Georgia may cost within a similar range to criminal defense lawyers who handle non-felony, misdemeanor charges. The specific felony crimes you are accused of and how severe the details of the case are largely influenced by how much time your criminal attorney will spend working on your case and the hourly rate.
A: In Georgia, yes, felony charges can be dropped, or rather they may be dismissed. Criminal charges can be dismissed by a judge if the prosecution fails to provide evidence of probable cause in the arrest or charges. Other potential instances where a felony may be dismissed is if it’s proven your constitutional rights were violated by law enforcement or you cooperate in assisting prosecutors in another case.
A: How long you’ll go to jail in Georgia for a felony will depend on the specific crime and its severity. For example, a robbery conviction sentence may be up to 20 years in prison, and being convicted of rape could result in a prison sentence between 25 years to life or even the death penalty.
Schedule a consultation with the attorneys at Miller North & Brill if you’ve been charged with a felony or a drug offense. Even if you want to admit to being responsible for the accused crimes, it’s still wise to have a criminal defense lawyer as legal counsel. A competent attorney will ensure your plea bargain results in the least severe penalty sentencing possible and that you are not treated unfairly in a courtroom setting.
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