Henry County Drug Crime Lawyer

Henry County Drug Crime Attorney

Drug crimes are serious offenses in Georgia, and a conviction carries severe penalties that affect the rest of your life. When you face drug crime charges in Henry County, it’s important that you find a skilled Henry County drug crime lawyer to defend you.

A drug offense may be charged as a felony or a misdemeanor, depending on the amount and type of controlled substance involved in the crime, your criminal history, and other factors surrounding the case. Either type of charge can result in long-term consequences if you are convicted. When you are charged with a drug crime, such as drug possession or drug trafficking, a skilled defense attorney is critical for defending against them.

Miller North & Brill has more than 30 years of experience in criminal defense law, working in both state and federal courts. By collaborating with our skilled team, you may be able to minimize or eliminate the penalties for drug crime charges. The most effective way to prevent long-term consequences, like a criminal record, is to avoid conviction. Our attorneys can begin building your defense against drug charges.

What Are Drug Charges in Henry County?

Drug charges cover the illegal use and distribution of controlled substances, which includes illegal substances and prescriptions. The type of drug crime is one factor that impacts the severity of charges and penalties. Drug crimes include:

• Possession: This charge is the known and intentional possession of a controlled substance or drug paraphernalia. Possession with intent to distribute is a more serious charge than possession.
• Distribution: This is when the substance is sold or delivered.
• Trafficking: This involves the illegal preparation, transport, and sale of a controlled substance, typically with higher amounts of a substance than distribution charges. When the controlled substances are moved across state lines, the crime will likely be charged at the federal level.
• Manufacturing: This is the processing, cultivation, or preparation of a controlled substance. It also includes the extraction of a natural substance.

When you are charged with a drug crime in Henry County, GA, it’s important to find an attorney who understands the specific charge you face. At Miller North & Brill, we have experience representing clients facing these types of drug crimes.

Depending on the type and amount of a controlled substance involved in these crimes, you could be facing:

• Months to years of incarceration
• Hundreds of thousands in fines
• Probation after release
• A permanent criminal record

A criminal record can make it hard to get a job, obtain housing, and get child custody.

Penalties for Drug Crimes

The penalties associated with drug crimes depend on the substance involved as well as the defendant’s criminal record and past drug convictions.

Possession of a controlled substance is typically a felony unless it is under 1 ounce of marijuana. Penalties include:

• Under 1 ounce of marijuana: Up to 1 year in jail or up to 1 year of public service and up to $1,000 in fines
• More than 1 ounce of marijuana: Between 1 and 10 years of incarceration
• Schedule III, IV, or V substances: Between 1 and 5 years of incarceration
• Schedule I and II substances: Between 2 and 15 years of incarceration, up to 30 with prior convictions

Drug trafficking is always a felony, and penalties depend on the amount of the substance involved. Penalties for different substances include:

• Marijuana: A mandatory minimum sentence between 5 and 15 years
• Certain Schedule I and II substances: A mandatory minimum sentence between 5 and 25 years
• Cocaine and methamphetamine: A mandatory minimum sentence between 10 and 25 years

Fines for drug trafficking can range from $50,000 to $1 billion. It’s important to work with an attorney who understands how to effectively defend these charges.

FAQs About Henry County, GA Drug Crime Laws

Can You Get a Bond for Drug Trafficking in Georgia?

While it is possible to get a bond for a drug trafficking charge in Georgia, it is unlikely. The state takes all drug charges seriously, especially felony drug charges like drug trafficking. If a bond is set, it will likely be much too high. A skilled drug crime defense attorney may be able to advocate for a bond, depending on the circumstances of your case.

How Do I Beat a Drug Trafficking Charge in Georgia?

There are several potential defenses against drug trafficking charges in Georgia, depending on your unique situation. They include:

• You had a lawful prescription for the controlled substance.
• The drugs were located in a place that other people besides you had access to.
• You were present at the scene of a drug crime but did not participate in it and had no knowledge of it.
• You were subject to an unlawful search and seizure by law enforcement without probable cause, making any evidence discovered at that time inadmissible.
• The controlled substances were planted by law enforcement.
• You were coerced via law enforcement entrapment to commit a crime.

A criminal defense attorney can determine if these defenses apply to your case.

Can You Get Probation for Drug Trafficking in Georgia?

While probation may be part of the penalties for a conviction for drug trafficking, all drug trafficking charges in Georgia have mandatory minimum sentencing. A mandatory minimum sentence cannot be diminished for an alternate sentence like probation, although a defendant may serve probation after serving their minimum sentence.

The lowest mandatory minimum sentence in these charges is trafficking between 10 and 2,000 pounds of marijuana, or trafficking 4 to 14 grams of certain Schedule I and II substances, each of which has a mandatory minimum prison sentence of 5 years. Trafficking 28 to 200 grams of cocaine or methamphetamine has a mandatory minimum sentence of 10 years in prison.

How Does the First Offenders Act Work in Georgia?

The First Offenders Act in Georgia allows certain first-time criminal offenders to plead guilty or no contest to crimes without being convicted. An individual may qualify if they:

• Have not been charged with a felony in Georgia or any other state
• Have not been charged as a first-time offender previously
• Are being charged with a crime that is not a serious violent felony, severe sexual offense, driving under the influence, or a child pornography charge

Being eligible does not mean that a defendant will be granted a first-offender alternative punishment, as the final decision will be up to the judge on the case.

Miller North & Brill: We Can Help You Find Real Justice

Our firm aims to defend your rights when the system is failing to operate fairly. At Miller North & Brill, we have advocated for clients accused of many types of drug crimes. Let us help you fight for your rights and your future. Contact our team today.