georgia-drug-possession-defense

Atlanta Drug Crime Defense Attorney

It is essential that you contact an experienced Drug Crime attorney in the metro Atlanta Area to protect your interests if you have been charged with a drug crime in Atlanta, Dekalb County, Cobb County or Gwinnett. In Georgia, this crime can be charged as VGCSA or Violation of Georgia Controlled Substances Act. Most drug cases do not need to be indicted in front of the Grand Jury, but can be accused by the District Attorney’s Office by simply filing a charging document in the clerk’s office.

Georgia attorney Scott Smith has defended hundreds of drug crime cases and is an experienced, aggressive Atlanta criminal lawyer who will fight for your legal rights.

Atlanta drug crime attorney Scott Smith has experience in all of the following charges and more.

  • Drug possession
  • Drug Trafficking
  • Drug Distribution and Sales
  • Methamphetamine Manufacturing
  • Possession Ecstacy
  • Trafficking in Ecstacy
  • Drugs not in their original container
  • Obtaining Dangerous Drugs by Fraud
  • Prescription drug criminal activity including fraud
  • DUI Defense

Help with all illegal substances (marijuana, cocaine, crack, heroin, ecstasy, meth or methamphetamine, heroin and others) In all cases, evidence is important. More important though is how the evidence was obtained. Was it obtained properly and legally or was the evidence contaminated or illegally collected.

Atlanta attorney W. Scott Smith is experienced in all areas of search & seizure law as applied by the Fourth Amendment to the United States Constitution. Scott moves quickly forward with confidence taking advantage of these mistakes that often can be used to get a dismissal or reduction of the charges.

Having a drug crime charge does not mean that you don’t have options. Don’t let your drug crime charge go unaddressed. Ignoring the situation will not make it go away. But, doing something about could. Educate yourself and get the proper drug crime defense so that you can have a fighting chance at success.

Get educated! Guilty pleas or pleas made under North Carolina v. Alford or by Nolo Contendre (or no contest) can all possibly have an impact on your driver license and your ability to drive in Georgia.

Depending on the situation, without good representation by an Atlanta drug crime attorney you may be facing a fine or more severe penalties such as short-term or long-term prison sentences. According to the Criminal Code of Georgia 16-13-30; the prison time for some simple possession charges could be anywhere from 2 to 15 years in prison for the first offense. It could be 5 to 30 years for second drug crime. See our chart below.

Atlanta Attorney Scott Smith will work hard to protect and defend your rights. Don’t take chances with your future. Hire an aggressive North Georgia drug crime attorney with a proven track record. Call today for a free initial Atlanta DUI and drug crime attorney consultation.

16-13-30 Purchase, Possession, Manufacture, Distribution, or Sale of Controlled Substances or MJ

Purchase, Possess or Control Substances in Schedule I or II

1st Offense

2-15 Years

2nd Offense

5-30 Years

Manufacture, Deliver, Dispense, Sell, or Possess Substances in Schedule I or II

1st Offense

5-30 Years

2nd Offense

10-40 Years or Life

 

Purchase, Posses or Control a Substance in Schedule II other than Narcotics

1st Offense

2-15 Years

2nd Offense

5-30 Years

Purchase, Possess or Control Substances in Schedule III, IV, or V

1st Offense

1-5 Years

2nd Offense

1-10 Years

Manufacture, Deliver, Distribute, Dispense, Sell, or Possess Substances

Schedule III, IV or V

1-10 Years

Counterfeit Substances

1-10 Years

Marijuana

1-10 Years

Solicit/Hire Person <17

5-20 Years

Purchase, Possess or Control Flunitrazepam, a Schedule IV Substance

1st Offense

2-15 Years

2nd Offense

5-30 Years

Manufacture, Deliver, Distribute, Sell, or Possess Flunitrazepam, a Schedule IV Substance

1st Offense

5-30 Years

2nd Offense

10-40 Years or Life

 

16-13-30.3 Possession with intent to Manufacture Amphetamies or Methamphetamine

1st Offense

1-10 Years

 

16-13-30.4 Unlawful Possession of Psuedophedrine or Substance with Intent to Manufacture

1st Offense

1-15 Years

16-13-31 Trafficking in Cocaine, Illegal Drugs, Marijuana, Methaqualone or Methamphetamine

Cocaine – At Least 10% Purity

28-199 grams

10(MM)-30 Years

200-399 grams

15(MM)-30 Years

400+ grams

25(MM)-30 Years

 

Morphine, Opium, Heroin

4-13 grams

5(MM)-30 Years

14-27 grams

10(MM)-30 Years

28+ grams

25(MM)-30 Years

 

Marijuana

10-1,999 pounds

5(MM)-30 Years

2,000-9,999 pounds

7(MM)-30 Years

10,000+ pounds

15(MM)

 

Methamphetamine

28-199 grams

10(MM)-30 Years

200-399 grams

15(MM)-30 Years

400+ grams

25(MM)-30 Years

 

16-13-31.1 Possession/Distribution/Trafficking of Ecstasy

28-199 grams

3(MM)-30 Years

200-399 grams

5(MM)-30 Years

400+ grams

10(MM)-30 Years

 

16-13-32.3 Using Communication Facility to Commit Controlled Substance Felony

1st Offense

1-4 Years

 

16-13-32.4 Manufacturing, Distributing, Dispensing, or Possessing a Controlled Substance In, On or Near School

1st Offense

1-20 Years Consecutive

2nd Offense

Mandatory Min. 5 Yrs. and 5-40 Yrs. Consecutive

 

16-13-75

Drugs not in Original Container

Misdemeanor

16-13-78

Obtaining Dangerous Drug by Fraud

Misdemeanor

16-13-78.2

Possession, Manufacture, Delivery or Sale of Counterfeit Substance

Misdemeanor

 

40-5-75 Suspension of Licenses by Operation of Law

A person charged with possession, distribution, sale, use, etc., of a controlled substance, will be treated as follows. You do not have to be in a motor vehicle when these violations occur, for your license to be affected.

1stOffense

180 days*

$200.00 – $210.00 reinstatement fee

2ndOffense

3 Years (subject to early reinstatement after 1 year)*

$300.00 – $310.00 reinstatement fee

3rd  Offense

5 Years (at the end of 2 years may apply for 3 year driving permit)*

$400.00 – $410.00 reinstatement fee

*Some stipulations may apply in reinstating suspended license

 

You may view and print the application for reinstatment here

http://www.dds.ga.gov/docs/forms/DDS-566.pdf