More Than 30 Years of Experience 770-515-0951
More Than 30 Years of Experience 770-515-0951
Finding a Spalding County drug crime lawyer is important if you are being charged with an offense under Georgia’s Controlled Substances Act. Drug crime allegations involve technical legal arguments regarding how evidence was obtained, what substances were allegedly possessed, and how the state proves your alleged intent to violate the law. Drug cases are seldom straightforward, and the charges often involve multiple levels.
Drug charges should always be taken seriously. If you have been charged with a drug crime in Spalding County, you need an experienced criminal defense lawyer who understands how local judges and prosecutors handle these cases. You will also benefit from working with an attorney who knows how to navigate the Spalding County Courthouse, located at 132 E Solomon St, Griffin, GA 30223, from start to finish.
We approach every criminal case with focus and attention to detail. We build strong defenses by carefully evaluating every aspect of your case.
What constitutes possession of drugs is outlined under O.C.G.A. § 16-13-30. It is illegal to distribute, manufacture, sell, or possess a controlled substance in Georgia. This state separates drug offenses into different categories based on the substance type and the alleged conduct.
Some drug charges have different requirements based on the crime. Possession of a controlled substance can be a felony charge. However, possession with intent to distribute means the state must prove that you intended to sell or distribute the substance. Constructive possession of drugs is also illegal in Georgia. Therefore, you can be charged with possession, even if the drugs weren’t found on your person.
The FBI recently launched an investigation into drug trafficking in Georgia, which led to the arrest of 55 out of 56 people who were charged. More than 150 police officers from different jurisdictions took part in the operation. In these big cases, federal, state, and local agencies generally work together, and the cases might cross county and even state lines.
In a different Georgia investigation that resulted in the arrest of 11 people, around 17 pounds of marijuana, 1.28 pounds of cocaine, and $110,000 in cash were found, along with firearms and other evidence.
Drug crimes can involve many types of controlled substances, and each charge depends on your behavior and the circumstances surrounding the alleged offense. Some of the most common drug crimes in Georgia include:
Marijuana possession is still illegal in Georgia, and it will be a felony if you are found with more than one ounce. Depending on how much you have and if you have any intent to distribute, marijuana charges can vary.
Drug crimes in Spalding County are typically prosecuted very quickly. You will likely have court dates, bond stipulations, and even pretrial motions early in the process. Drug crimes also often turn on certain legal issues, such as:
The earlier you begin addressing the issues at hand and what you are being accused of, the better you can prepare for what is to come.
When you hire a drug crime lawyer, they can take the time to carefully analyze how Georgia’s drug crime statutes apply to the allegations against you. Many drug crimes raise issues about the constitutionality of a search and seizure. They also raise questions about the testing and collection of evidence.
A Spalding County drug crime attorney can determine if the police complied with your rights, what evidence the state has, and how strong their case is against you. From there, your attorney can see what defenses are available based on the facts.
Drug crime penalties in Georgia are based on the drug type and quantity, along with the specific charge. Simple possession of some drugs can result in one to 15 years of imprisonment. Possession with intent to distribute and drug trafficking charges can lead to mandatory minimum sentences and steep fines. Repeat offenders and large quantities result in harsher penalties.
You can possibly go to jail as a first-time drug offender in Georgia. However, Georgia law does provide some punishment alternatives for certain first-time drug offenses, such as simple possession, including probation, conditional discharge, or diversion. That does not mean you will not face prison if you are a first-time offender. Felony drug charges or possession of large amounts can still mean serious consequences, even for a first offense.
Georgia classifies drugs into various schedules based on whether they have currently accepted medical uses and their potential for abuse. Possession, manufacture, or distribution of controlled substances in Georgia is illegal unless authorized by Georgia’s controlled substances schedules. The state’s controlled substances laws also establish penalties for both possession of drugs and drug trafficking activity.
The top three illegal drugs depend on a number of factors. In Georgia, drug enforcement tends to align with what’s being used locally, so meth, cocaine, and fentanyl are frequently seen as the focus. These drugs are usually Schedule I or II substances under Georgia law. Trafficking and larger possession with intent amounts are typically felonies.
If you have been charged with a drug crime, it is important to seek legal assistance right away to begin working toward a desirable outcome. At Miller, North & Brill, we understand drug crimes and can explain how they apply to your situation. Contact us today to begin working on your case.
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