Drug Attorney Atlanta
When the police, sheriff, or Drug Enforcement Administration (DEA) arrest you, it can be unnerving. The war on drugs has taken a costly toll on our society, resulting in lengthy prison sentences even for nonviolent offenders. This is not surprising. States nationwide have drug laws that focus on incarceration rather than treatment. Georgia is no exception.
Like most U.S. states, Georgia takes drug crimes very seriously. That’s why getting help from an experienced drug crimes attorney is imperative when you face drug charges, even for a first offense.
The penalties you face, including a lifetime criminal record, are simply too high. If you’re facing a drug crime such as possession with intent to distribute, a drug trafficking attorney can help. They’ll use their experience and knowledge of drug laws in Georgia to ensure you get a fair trial.
Call the attorneys at Farnsworth & Murphy LLC in Atlanta for a free initial consultation.
How Do Drug Possession Laws in Georgia Work?
Georgia views drugs as one of the contributors to the crime rate in the state. It also views drug addiction as depriving the state of a valuable workforce. The lack of human resources has some negative economic repercussions for the state. That is why it instated the Georgia Controlled Substances Act (GCSA).
The prosecution tries drug crime offenses under this act. Crimes include the following:
- Drug possession
- Drug trafficking
- Drug sale
- Use of illegal drugs
The most notorious drugs are narcotics, such as cocaine, heroin, and methamphetamine. However, even prescription and over-the-counter drugs, which are legal drugs, can get you in trouble.
They are dangerous drugs if you abuse them or use them to make other illegal substances. They are also illegal if you forge a doctor’s prescription to obtain them. Authorities initiate prescription drug charges when you possess the drugs without a prescription.
Penalties for Drug Charges in Georgia
Upon conviction, a judge imposes penalties based on the severity of the crime. The criminal justice system considers a number of factors to determine whether or not to try the case as a misdemeanor or felony. These factors include:
- The type of drug involved
- The drug schedule and classification for harm
- The quantity of the illegal drug in question
- Whether the drug sales fueled another crime
- Whether the sale of drugs involves minors
- Whether you have a prior conviction or are a repeat offender
The court system in Georgia considers these factors and issues appropriate penalties.
What Are the Drug Schedule Penalties?
The Georgia Controlled Substance laws also take precedence. Possession or intention to distribute scheduled drugs and controlled substances is a felony. These charges receive the following penalties depending on quantity.
Schedule 1 drugs: Examples include L.S.D., heroin, and ecstasy. They have a high capability of abuse and have no medicinal use. They attract jail time of 2 to 30 years.
Schedule 2 drugs: This includes cocaine, opium, methamphetamine, and oxycodone. They have some medical use but have a high likelihood of abuse. They have prison time of 2 to 30 years.
Schedule 3 drugs: These include drugs like steroids. They have a low possibility of abuse and have many medical use. They attract jail time of 1 to 5 years.
Schedule 4 drugs: Examples of these include Xanax and Valium. They have a lower probability of abuse and have some medical use. They have a prison time of 1 to 5 years.
Schedule 5 drugs: These include codeine and other prescription drugs. They have the lowest probability of abuse and have substantial medical use. They attract jail time of 1 to 5 years.
What Are Marijuana Penalties?
Marijuana is not legal in the state of Georgia. Marijuana is a Schedule I drug, and possession is considered a serious crime.
Possession of less than one ounce of marijuana is a misdemeanor. It attracts a maximum jail time of less than a year or a fine of $1000. A possession charge of more than one ounce of marijuana has a jail term of one to ten years.
If you have marijuana that you plan to deliver, sell, or distribute, it is a felony. These marijuana charges attract jail time of one to 30 years with fines of $100,000 to $1,000,000.
How a Georgia Drug Crimes Lawyer Can Help You
Seeking an Atlanta drug lawyer early is crucial if you have a drug-related charge. Drug charges can result in a criminal record. In turn, the record can negatively affect other areas of your life. For example, they limit your ability to get work, scholarships, and loans.
A drug crime attorney has knowledge of the criminal justice law in Georgia. An Atlanta drug crime lawyer will use strategies to reduce the penalty you get. They may be able to remove the drug charge altogether.
They can investigate whether the arresting officers violated the law. They’ll use this knowledge to defend you in court. They can be crucial in identifying weaknesses in the state’s case that benefit you. They can prepare a thorough drug possession defense based on the following:
Illegal search and seizure
Malicious planting of drugs
Someone else’s drugs
Drug tests were not done per the law
A drug lawyer will also handle all the paperwork related to your drug case. They also give you personalized attention by answering all your questions. They’ll also contact your family and friends to update them on your case’s developments.
Plus, if you’re facing a potentially lengthy sentence, a drug crime lawyer can help you. They prepare a collaboration deal with the authorities. In exchange for sharing valuable information, you could get a reduced sentence. Your drug lawyer ensures this process happens in your best interest.
Consult a Drug Crime Attorney at Fansworth & Murphy Today!
Don’t get stranded when authorities arrest you for drug-related crimes. Atlanta drug crime lawyers at Farnsworth & Murphy LLC can prepare a drug possession charge defense.
At our law firm, we fight hard for you and explore all avenues to aid you in your defense. We handle cases involving all types of controlled substances, including cocaine, marijuana, heroin, methamphetamine, and prescription drugs such as Percocet, Fentanyl, Oxycontin, or Xanax.
It is our job to evaluate the evidence and determine if the arresting officers acted in accordance with the law. When they arrest you, they should be within the bounds of Georgia law and the Fourth Amendment. If your property was forfeited, we may be able to recover property that was improperly seized.
If necessary, we can file an appeal in your case, regardless of whether we handled the original case.
So if you want professional legal assistance with your drug crime case, visit our offices in Atlanta, Georgia. Contact us today to schedule a free consultation.