Georgia DUI Law – Department of Driver Services COVID-19 (Coronavirus) Updates

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On March 30, 2020, the Department of Driver Services (“DDS” also known as the DMV) issued an update regarding court proceedings in a letter addressed to criminal defense attorneys in Georgia. This article serves to summarize those important updates provided by DDS.

What Services Are Available?

As of right now, DDS remains open for non- customer-facing services. These include online services, DDS 2 GO mobile app, and other services requiring headquartered staff. Customer-Facing services across the State will be closed until April 1, 2020. After April 1, services will resume, but by appointment only.

Reinstatements, replacement licenses, and driving history and reinstatement eligibility  may be processed online and through the DDS 2 GO app. You can check the status of your driver’s license at online.dds.ga.gov/dlstatus.

Driver’s License Expirations

All Georgia driver’s licenses with set to expire from March 14, 2020, through June 30, 2020, will receive an automatic 120 day extension. Cardholders should expect to have new credentials sent to them via mail.

FTA Suspensions

DDS recognizes those individuals with pending FTA suspensions will not be able to resolve their FTA issues with the courts since courts are closed or are offering only limited services at this time. Therefore, DDS is delaying FTA suspensions for an additional 60 days.  DDS urges customers to check their driving history through their online services.

ALS Hearings and Driving Privileges

Because the Office of State Administrative Hearings has suspended ALS Hearings, DDS has decided to extend the 45 day temporary driving permit (issued with 1205 form) for 90 days. This extension will enable drivers to continue driving until normal operations resume. Additionally, DDS will continue to process ALS hearing requests and has also extended the filing deadline for ALS hearings from 30 days to 120 days (measured by the date of arrest).

Requesting Ignition Interlock Driving Permits

DDS is granting customers requesting Ignition Interlock Limited Driving Permits more time for their requests given DDS Customer Service Centers will be closed until April 1. Once the Service Centers re-open, customers these permits will be able to obtain a permit beyond the 30 day deadline.

Contact Us

If you or someone you know has been arrested for DUI, contact the law firm of W. Scott Smith at 404.581.0999 for a free case evaluation. You’ll find a local Attorney ready to aggressively fight on your behalf.

Atlanta Georgia Criminal Law – Theft of Services

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In Georgia, it is against the law to avoid payment of services, entertainment, accommodations, or the use of personal property. This is known as Theft of Services, found at O.C.G.A.  § 16-8-5.

Examples of Theft of Services include utilizing a cleaning or lawn care company, and then not paying. Other service examples could be legal services, hair styling services, or accounting services. Simply put, it is against the law to use someone’s services and then avoid payment. Theft of services in Georgia also includes theft of utility services like water and electricity. In that situation, you can be charged with numerous crimes for tampering with electric or water meters.

  In order for Theft of Services to be a criminal issue, thus potentially involving loss of liberty and a criminal history, the State must prove that the avoidance of payment was done by deception and with the intent to avoid the payment. Without deception and criminal intent, theft of services is more accurately defined as a civil or monetary legal issue, versus a criminal one. If the State is unable to prove deception or criminal intent to avoid the payment, there is a strong defense case for an acquittal. This is because civil courts are filled with people not paying other people back. In most instances, it is a contract issue. However, if there is the criminal intent to avoid payment and done so deceptively, the prosecuting attorney will bring the case to court.

So what is deception? Deception is defined in Georgia law for purposes of Theft of Services as providing knowingly false information to another with the intention to avoid payment. For example, Georgia law has held deception to be found when the suspect used a forged check to pay for lawn mower repair. In that situation, the State proved deception via the falsifying check as well as intention to avoid payment as the person never returned to make the payment.

What is the Punishment for Theft in Georgia?

  • If Theft of Services amount is:
    •  Less than $1,500: the maximum punishment is 12 months in jail and/or $1,000.
    • $1,500.01 – $5,000: 1 to 5 years imprisonment
    • $5,000.01 – $24,999.99: 1 to 10 years imprisonment
    • $25,000 or more: 2 to 20 years imprisonment

Note that there is increased punishment if the theft involved a fiduciary in breach of a fiduciary obligation. 

                So long as the amount of theft is less than $25,000, the trial court actually has discretion to treat it as a misdemeanor. Misdemeanors, if convicted, carry less harsh sentences. Misdemeanors also do not require the forfeiture of civil rights (i.e. to carry a firearm or sit on a jury).

                If you or a loved one has been arrested for Theft of Services, or any type of Theft case in Georgia, call us today for a FREE CONSULTATION at 404-581-0999.

Georgia Criminal Law – Pre-Trial Intervention in Fulton County Non-Complex Cases

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Since December 12, 2007, Fulton County has designated certain non-violent felony cases to be processed expeditiously through a 9-week case management process within their “non-complex division.” In the non-complex division, “cases are monitored through timely indictment, opportunity for plea and arraignment, motions and trial. This handling of the felony non-complex calendar directly impacts the jail population, reducing length of jail stay and allowing those non-violent charges quicker resolutions, while allowing Superior Court judges to focus on managing and trying violent and more serious felony cases and other complex litigation.”

Because of this desire to resolve cases quickly, the State will often offer defendants plea offers at arraignment (very first court date). Generally speaking, a person accused of a felony should not enter a guilty plea at arraignment. This is because there has been no real opportunity to investigate the case, legal issues, and defenses. It is, however, highly suggested the person consider entering into Pre-Trial Intervention (PTI) Program if offered. 

What is PTI?

PTI is a diversion program, which is essentially a contract between the person accused and the State. On one end of the contract the person agrees to perform certain conditions (usually community service, counseling, classes, a program fee, clean drug screens, etc.). If the person successfully completes these conditions within the set period of time, the State then agrees to not prosecute (or dismiss) the case.

In Fulton County Non-Complex cases, the assigned District Attorney (prosecutor) makes the decision whether to offer PTI. If offered and accepted, the case then goes to a coordinator with the PTI program and is temporarily removed from the Court’s docket. All communication and performance of the program goes through the diversion coordinator.

If offered and the person does not accept, the person has to decide whether to plead guilty or go to trial. Similarly, if you accept PTI, but for whatever reason, are removed from the PTI program, your case will be then placed back on the trial calendar. The benefit here is that removal from the program will not cause a guilty plea to go into effect. As a result, entering into PTI is a low risk high reward opportunity. A person may be removed for missing meetings, failing drug screens, or failure to communicate generally.  

Your Criminal History and What to Ask For

The benefit of PTI is that your case is dismissed upon successful completion. Ideally, your record should also automatically be restricted. A record restriction will prevent the general public from seeing the dismissed case on a background check through GCIC. A non-restricted record will show an arrest for the crime and that the crime was ultimately dismissed. Therefore, if you are offered PTI in Fulton Non-Complex, you want to ensure the prosecutor and PTI coordinator understand and agree in writing to an automatic record restriction. If this is not a written part of the PTI agreement, you will have to apply for record restriction yourself after completion of the PTI program.

Contact Us

An experienced attorney can assist you in obtaining a PTI offer, explaining the terms, and successfully completing the PTI program. If you or someone you know has been arrested, contact the law firm of W. Scott Smith at 404.581.0999 for afree case evaluation. You’ll find a local Attorney ready to aggressively fight on your behalf.

Can I get a DUI if I am under .08 in Georgia?

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            Most of us are aware that the legal limit for a DUI for a driver over 21 years old is .08. What comes as a surprise to most, however, is that you can also be charged with DUI even if you were well below the legal limit. How is this possible? You can be arrested and charged with DUI, even if you blew below the legal limit, under Georgia’s DUI Less Safe law. In practice, it is a very common way to be charged with DUI in Georgia.

            Georgia law has criminalized DUIs into a few different categories. The two most common ways to be charged with DUI are DUI Per Se and DUI Less Safe. DUI Per Se occurs when a person is arrested after being alleged to be in control of a moving vehicle with a blood alcohol concentration of .08 grams or more. This means that after he or she was arrested, law enforcement obtained a blood alcohol reading either by a breath, blood, or urine test taken typically at the jail or a hospital.

What happens if I don’t blow or take a breathalyzer?

            In this situation, you can still be charged with DUI Less Safe. DUI Less Safe in Georgia means you were in control of a moving vehicle, after having consumed alcohol, to the extent it made you a less safe driver. Evidence in this situation may not include an actual BAC number, but the State will attempt to prove DUI with other pieces of evidence. For example, the State may bring forward evidence of an odor of alcohol, bloodshot eyes, open containers, and/or poor performance on field sobriety tests.

            In some instances, if you decline or refuse the breath or blood test at the officer’s request, the police officer will take out a search warrant to take your blood over your objection. In this situation, you can be charged with both DUI Less Safe and DUI Per Se if the BAC comes back as over .08.

What happens if I blow below the legal limit?

            In Georgia, you can still be arrested and charged with DUI Less Safe. This is because a BAC greater than .08 is not a requirement in DUI Less Safe cases. If you blow a .07, a .06, or even a .05, you can and will still be prosecuted for DUI. This seems shocking to some, but we see it happen regularly. The State, in this situation, still has to prove impairment- meaning the prosecutor must still prove you were a less safe driver because of the alcohol.

Georgia’s Law on Alcohol Content

In Georgia, you are Per Se impaired if your blood or breath test shows a result of .08 grams or more. If your BAC is more than .05 but less than .08 grams, there is no inference of impairment. This means it is up to the judge or the jury to consider whether or not you were actually a Less Safe driver or not. In Georgia, a BAC of even less than .04 can get you into court fighting for your life and freedom. In a scenario where the BAC was les than a .04, Georgia law has a presumption that you were NOT impaired. The State can rebut this inference through other evidence in a trial. A different BAC applies in cases where the driver is under 21 years old. In that situation, an under 21 DUI ‘legal limit’ is .02 grams.

We routinely see drivers with a ‘below the legal limit’ DUI have their cases prosecuted. Do not assume that the prosecuting attorney will throw the case out based on having been less than .08 grams. If you were arrested, the State will most likely bring the prosecution’s case with any other evidence they have, even if they do not have a BAC or if the BAC was below a .08 grams.

DUI cases are one of them most litigated cases in Georgia courtrooms. This is because there is so much at stake with a DUI conviction: jail time, lengthy and involved probation sentences, suspended licenses, and a criminal history that cannot be expunged. There are numerous defenses to DUI Less Safe and DUI Per Se cases, no matter what the BAC is or what county you were arrested in. If you or a loved one has been arrested for Driving under the Influence, call W. Scott Smith today for a FREE CONSULTATION at 404-581-0999.

Criminal Defense Lawyer in Macon-Bibb County

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If you have been charged with a crime in Bibb County, then you have come to the right place.  We specialize in criminal defense and stand ready to defend you.  The first question that needs to be answered is where your case will be heard.  In Bibb County, all the various courts are housed within the judicial center located at 601 Mulberry St., Macon, Georgia 31201.  Once you arrive at the judicial center, you will need to find your particular court and courtroom.  If you were arrested or cited within the city limits of Macon, then your case may begin in the Macon-Bibb County Municipal Court.  The municipal court only hears low-level offenses including traffic violations, DUIs, and various other misdemeanors and city ordinance violations.  In municipal court, you can have a bench trial where the judge hears the evidence and makes a ruling, but you cannot have a jury trial wherein your peers would decide your fate.  Therefore, we only resolve a case in municipal court if we can get a better resolution than we otherwise would in state court.  If we cannot get a favorable result in municipal court, then we request a jury trial which requires the case to be transferred to state court.  You can find more info about the municipal court on their website: https://www.maconbibb.us/municipal-court/.

As mentioned above, any state law crime that originates in municipal court can be transferred to Bibb County State Court by requesting a jury trial, but more serious misdemeanors will go straight to state court from the outset.  Once your case is in state court, we continue our negotiations with the Bibb County Solicitor-General’s Office which prosecutes cases in state court.  If we are unable to obtain a resolution you find acceptable, then we maintain our demand for a jury trial and present your case to a six-person jury of your peers from Bibb County.  You can find more info about the solicitor-general and state court on their respective websites: https://www.maconbibb.us/solicitor/ and https://www.maconbibb.us/state-court/.

All felonies will be ultimately be heard in the Bibb County Superior Court, but initial appearances, bond hearings, and preliminary hearings are held in the Bibb County Magistrate Court (and sometimes these appearances are held at the jail with a magistrate judge presiding).  If the magistrate judge finds sufficient evidence to support your charges, then your case proceeds to the Bibb County Superior Court where we begin negotiations with the Macon Judicial Circuit District Attorney’s Office.  If we are unable to obtain a resolution you find acceptable, then we maintain our demand for a jury trial and present your case to a twelve-person jury of your peers from Bibb County.  You can find more info about the district attorney, magistrate court, and superior court on their respective websites:  https://macondistrictattorney.org,   https://www.maconbibb.us/civil-court/,   and https://www.maconbibb.us/superior-court/.

If you have been charged with a crime in Macon-Bibb County, call us today at 404-581-0999 to ensure you get the best outcome possible.

Georgia Criminal Law – Theft by Conversion, or Embezzlement

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A common element across all theft crimes is the act of taking, obtaining, converting, or appropriating the property of another. But, absent this similarity, several distinct theft crimes exist under the large umbrella of theft crimes generally, such as: theft by taking, theft by deception, fraud, and theft by shoplifting, robbery, and theft by conversion. This aims to explain the crime of theft by conversion (commonly referred to as “embezzlement”), the punishment, and defenses.

The Offense

Theft by conversion occurs when the defendant, after lawfully receiving funds from another under an agreement to make a specified application of them, knowingly puts the money to his own use in violation of the agreement. O.C.G.A. § 16-8-4(a).

The statute also contains a provision applying to government workers and officers of financial institutions, “[w]hen, under subsection (a) of this Code section, an officer or employee of a government or of a financial institution fails to pay on an account, upon lawful demand, from the funds or property of another held by him, he is presumed to have intended to convert the funds or property to his own use.” O.C.G.A. § 16-8-4(b). This section ensures government and banking actors will act wisely with money entrusted to them by the public.

The stated purpose of the theft by conversion statute is to punish and deter fraudulent conversion, not mere breaches of contract or broken promises. That being said, the terms of the agreement are critical in determining whether an accused converted funds of another from a directed purpose to his own use. 

What separates theft by conversion from other theft crimes is that in theft by conversion the person accused comes into possession of the property lawfully, whereas in other theft crimes, the person accused obtains property secretly and unlawfully. In theft by conversion there is some form of entrustment.

Case Examples

Evidence that defendant did not return nor continue making rental payments on two televisions was sufficient to support determination that defendant converted televisions to her own use; defendant violated rental agreements’ obligations to make payments or return televisions to rental center, defendant moved televisions to another address without center’s knowledge or consent in violation of agreements, and center’s owner testified that each television had a retail market value of $649.87.  Williams v. State, 328 Ga.App. 898 (2014).

Evidence that defendant failed to return rented wood chipper to store, lied to store regarding his address and phone number, and moved to another country and assumed an alias after store management swore out a warrant for his arrest was sufficient to establish that defendant acted with criminal intent, as required to support conviction for theft by conversion. Terrell v. State, 275 Ga.App. 501 (2005).

Evidence was insufficient to support conviction for theft by conversion, in prosecution arising out of incident in which customer left van with defendant, a mechanic, for repair and van was not returned; there was no evidence that mechanic drove the van, that he cannibalized it for spare parts, or that he used it for any other purposes, except to perform work upon it, there was no evidence that defendant did anything to conceal the whereabouts of the van from the customer or keep her from possessing it, there was no evidence that defendant had anything to do with eventual disposal of van, and defendant did not attempt to flee. Thomas v. State, 308 Ga.App. 331 (2011).

Interestingly, the theft by conversion statute has been held unconstitutional by the Supreme Court of Georgia. In Sherrod v. State, 280 Ga. 275 (2006), the Court held the mandatory presumption contained in statute setting forth offense of theft by conversion of leased property that proof that demand letter was properly sent to lessee and that property was not returned within five days established guilt of offense, was unconstitutional, as it subverted presumption of innocence accorded to accused persons and invaded truth-finding task assigned solely to fact-finder.  

Punishment

Whether theft by conversion will be punished as a misdemeanor or felony depends on the value of the money or property stolen. If the value is less than $500, the offense will be charged as a misdemeanor. If the value exceeds $500, the offense will be charged as a felony. Misdemeanor theft by conversion is punishable by up to 12 months in jail and a $1,000 fine, or both. Felony theft by conversion is punishable by no less than one year in prison and no more than ten years imprisonment. In addition to imprisonment and fines, the court may also impose restitution as part of the sentence.

If the property is not returned, the court will use the following guidelines to assess the value of the stolen goods:

  • The market value of the property, determined by obtaining a quote from a supplier who sells property of similar character and value (the higher value of the date the conversion occurred versus the value on the date of trial)
  • Rental charges; and
  • Interest on unpaid balances at the legal rates until the debtor pays the converted funds

Defenses

  • No intent: the State has to prove the accused person converted the property for their own use knowingly and with fraudulent intent. If there is not such intent, the person cannot be convicted.
  • Consent: if the property owner gave the accused person permission to convert the property for the accused person’s own use, evidence of consent (email, text, letter) would provide strong support for the defense.
  • The property was used as intended: evidence indicating the property was used in a way contemplated by the agreement would also strongly aid the defense of a theft by conversion charge. There must be an action or statement showing the person accused intended to claim or use the property as their own.
  • Value: the State must prove value at trial. If the weight of the evidence attempting to prove value, then an essential element of the charge has not been met, and the accused person cannot be convicted.
  • Returning the property is not a defense: the fact an embezzler settled their debt or default does not destroy the criminality of the act. McCoy v. State, 15 Ga. 205 (1854).

Contact Us

If you or someone you know has been arrested and charged with theft by conversion, contact the law firm of W. Scott Smith at 404.581.0999 for a free case evaluation. You’ll a local Atlanta attorney ready to aggressively fight on your behalf.

Self Defense in Georgia: Are You Immune from Criminal Prosecution?

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The police put you handcuffs for shooting another person. You are on your way to the county jail. You know you acted in self-defense and want a jury trial. But before your jury trial, you are entitled to a hearing to see if you are immune from criminal prosecution. 

O.C.G.A. 16-3-24.2 authorizes a pre-trial hearing to decide if a defendant is immune from criminal prosecution. You must first file an immunity motion requesting a hearing. To avoid trial, a defendant has the burden of proof that he is entitled to immunity. The standard of proof is by a preponderance of evidence.

If the trial judge finds that you have met the burden of proof regarding self-defense, then your indictment is dismissed, and the State cannot continue to prosecute you.

If the defendant cannot meet its burden regarding self-defense at an immunity hearing, he can still argue self-defense at trial. You get two shots at winning your case. First, argue self-defense at an immunity hearing. If you lose, argue self-defense to a jury at trial.

At the immunity hearing, the defendant would call witnesses, present evidence and persuade the judge that he was acting in self-defense. The judge must employ O.C.G.A. 16-3-21(a) to make the finding. This section requires the judge to make a finding of justification based on evidence of the defendant’s reasonable belief that the use of deadly force against the other person was necessary to prevent the defendant from dying or being seriously injured.

If the judge makes such a finding, then the case is over.

If you believe you are being charged with a crime but that you had to act in self-defense to avoid death or serious injury, then call our office and lets discuss whether an immunity motion is proper in your case.

We can meet you at any time at either our Atlanta or Marietta office. Please call us at 404-581-0999 or email me at mike@peachstatelawyer.com

Elder Abuse in Cobb County – Georgia Criminal Attorney

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If you are charged with Elder Abuse in Cobb County, it is imperative that you contact an attorney immediately. Do not talk to the police or answer any questions without an attorney.

The Cobb County District Attorney’s office has a specialized unit that prosecutes Elder Abuse cases.

What is Elder Abuse?

An elder is a person 65 or older. O.C.G.A. 16-5-100(4)

There are several different ways you can be charged with Elder Abuse in Cobb County.

  1. Neglect – When guardian or other person supervising welfare of having immediate charge, control, or custody willfully deprives a disabled adult, elder person, or resident of health care, shelter, or necessary sustenance to the extent that the health of well-being of such person is jeopardized. O.C.G.A. 16-5-101(a)
  2. Exploit – Any person who knowingly and willfully exploits, willfully inflicts physical pain or injury, sexual abuse, mental anguish, or unreasonable confinement; or willfully deprives of essential a disabled adult, elder person, or resident. O.C.G.A. 16-5-102(a)
  3. Intimidate – Any person who threatens, intimidates, or attempts to intimidate a disabled adult, elder person or resident who is the subject of a report made pursuant to Chapter 5 of Title 30 or Article 4 of Chapter 8 of Title 31, or any other person cooperating with an investigation conduct pursuant to this section.
  4. Obstruct – Any person who willfully and knowingly obstructs or in any way impedes an investigation conducted pursuant to 5 of Title 30 or Article 4 of Chapter 8 at Title 31.

So what about if you work with the person charged with elder abuse? IF you are an owner, officer, administrator, board member, employee, or agent of a long term care facility then you are not liable for the actions of another unless you knew or were willful to the abuse, neglect, or exploitation. O.C.G.A. 16-5-103.

If you are charged with Elder Abuse in Cobb County, please do the following:

  1. Call an attorney who can handle an Elder Abuse case.
  2. Do not talk to the police without an attorney present.
  3. Do not talk to any of the witnesses or victim. Let you attorney handle any interviews.
  4. Do not in anyway obstruct or impede the police investigation.
  5. Make a list of any witnesses who may help your case and turn that list over to your attorney.

The punishment for Elder Abuse in Cobb County by either Neglect or Exploitation is 1 to 20 years in the Georgia prison system and up to a $ 50,000 fine. O.C.G.A. 16-5-101(d); 16-5-102(a).

The punishment for Elder Abuse in Cobb County by either Intimidation or Obstruction is a high and aggravated misdemeanor. O.C.G.A. 16-5-102(b)(c)

If you are charged with Elder Abuse in Cobb County, it is imperative that you get an attorney immediately. We will be glad to sit down with you anytime for a free consultation. Call our office 24/7 at 404-581-0999.

Kidnapping in Georgia – Criminal Defense Attorney

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By: Mary Agramonte

Georgia law states that kidnapping occurs when someone abducts or steals away another person without lawful authority, and holds such person against their will. This is the more obvious way someone can be arrested and charged with Kidnapping. You may be surprised, however, that actions significantly less than actually stealing someone away will also constitute Kidnapping in Georgia. This is because Georgia law criminalizes ANY slight movement of another person. There is no minimum requirement for distance needed to constitute Kidnapping. This means a kidnapping can even occur when you move someone from room to room in their own house, or even when a person is moved by only a few inches.

            Compare these two scenarios.  If you push someone and they fall to the side, you have been responsible for a SLIGHT movement of another person. However, Georgia law will treat this action as “merely incidental” to the commission of a battery and this would NOT be kidnapping in Georgia.  Compare that movement to the following scenario: someone enters into the back of a restaurant to steal from a safe, and an employee stands in front of the safe to guard it. If you place your hands on them and move them to the side to gain access to the safe, then the crime of Kidnapping has occurred. This happens even if you gently move them two inches to the side to gain access to the safe. The difference lies within the Kidnapping statute, codified at O.C.G.A. § 16-5-40. A slight movement of another person is NOT merely incidental to commission of another crime, and thus constitutes Kidnapping if the movement:

1) is made to conceal or isolate the victim;

2) makes commission of another crime substantially easier;

3) lessens risk of detection; or

4) is for the purpose of avoiding detection.

What is the sentence for Kidnapping in Georgia?

            Kidnapping is one of the most serious crimes to be charged with in Georgia. Not only is it a felony offense, if there is a conviction, the sentence typically involves many years in prison. If someone is convicted of Kidnapping (of someone 14 years or older), the sentence is 10-20 years in prison. If the conviction is for Kidnapping and involves someone less than 14 years old, it is sentence of 25 years to life. The sentence is much worse if there is allegations of an injury or ransom involved.

Kidnapping with Injury

            One of the more troubling aspects of Georgia law as it relates to Kidnapping is when it involves an injury. If the person is convicted of Kidnapping with Injury, it is a mandatory life or death sentence. The injury does not have to be serious: scratches or bruises are sufficient. This means the court lacks all discretion to give a shorter sentence even for minimal injuries.Due to the mandatory life in prison sentence of Kidnapping with Injury conviction, it is imperative to have a skilled criminal defense team to defend against the charges at the onset of arrest.

Kidnapping for Ransom

            Georgia law treats Kidnapping for Ransom the same as it does Kidnapping with Injury. The sentence in this situation is mandatory life in prison, or death, if the person is convicted.

If you or a loved one has been arrested for the crime of Kidnapping in Georgia, it is imperative to have a team of criminal defense attorneys on your side to put together a robust defense at the onset of the arrest. While stakes are extremely high in these cases, W. Scott Smith has successfully defended numerous Kidnapping cases in Georgia. For a FREE CONSULTATION, call us today at 404-581-0999.

Georgia Criminal Law – Drug Weight

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In Georgia, there are many different kinds of drug charges that differ in a multitude of things such as the penalty. A misdemeanor drug charge can result in up to a $1000 fine excluding surcharges and up to one year in jail. A felony drug charge can result in 1 to 15 years, and even up to 30 years or life in prison depending on the charge and/or quantity of drugs. 

The quantity of drugs you’re charged with makes an enormous difference in the penalty and how the case proceeds. For example, you can be charged with trafficking marijuana if you possess more than 10 pounds of marijuana. If you possess somewhere between 10 pounds and 2,000 pounds, the minimum sentence is 5 years. If you possess somewhere between 2,000 pounds and 10,000 pounds, the minimum sentence is 7 years. And lastly, if you possess 10,000 pounds or more, the minimum sentence is 15 years. Therefore, the amount/weight of drugs you are found to possess is crucial to the defense of your case.

A multitude of things can work against you and your case. One very important factor can be the excess water weight found in drugs. Excess water can be found in drugs such as cannabis and can lose around two thirds of its weight when dried out. This factor can negatively impact your Georgia case because the excess water weight can push the weight from a non-trafficking amount to a trafficking amount or from a small drug trafficking charge to a higher charge. 

Another factor that can work against your case is the scale used to measure the drugs. I’ve had the opportunity to observe a scale used at the jail. A vital thing to remember is that a large portion of large scales are not correctly calibrated. This is important for your defense because you can attack the validity of the scale to work in favor of your case. Further, there can be times where the scale is not properly cleaned, leaving residue from other cases on the scale, which can potentially increase the amount of drugs you are charged with. 

Although there can be a lot of factors working against you in a simple drug charge and/or a drug trafficking charge, there are a lot of defense strategies that can reduce the sentence or even get your case dismissed. For example, we can file a motion under the authority of Williams v. State Ga. 749, 312 S.E.2d 40 (1983) to inspect and examine everything that was found and hire our own expert to examine the contents (sample of our motion down below). 

Should you have a trafficking cocaine or trafficking drugs case please inquire of your legal counsel about the weight of the marijuana or weight of the cocaine.  If you have a drug trafficking warrant or a loved one in custody on a drug trafficking charge and they are unrepresented in Fulton County, Cobb County, Dekalb County, Gwinnett County, Cherokee County, or Forsyth County please call us.

The experienced lawyers at our PeachStateLawyer firm have been winning serious and big drug cases for over twenty years. Call us today at 404-581-0999 for a free consultation to see how we can help you win your case.