Drug Possession in Atlanta, Fulton County Georgia

The legal system in Fulton County treats drug crimes very seriously. If you have been arrested for the possession of drugs in Fulton County, you could be facing prison time.

If you have been arrested in Fulton County, the Fulton County District Attorney’s Office will prosecute the case. The Fulton County Superior Court is located at 136 Pryor Street in Atlanta, Georgia. Shortly after arrest, you will have a First Appearance hearing where the Judge will notify you of your charges and rights and then make a determination for bond. In Georgia, there are five factors Judges use to determine whether or not to release someone on bond. These are known as the Ayala factors (Ayala v. State, 262 Ga. 704 (1993)). Judges may issue a bond upon a finding of the following factors:

  • The person poses no significant risk of fleeing or failing to appear in court when required
  • The person poses no significant risk or danger to a person, property, or community
  • The person poses no significant risk of committing a felony while out on bond
  • The person poses no significant risk of intimidating witnesses or otherwise obstructing justice

Under the Georgia Controlled Substance Act, drugs are classified into 5 schedules based on their potential for abuse, tendency for addiction, and their recognized medical uses. Schedule I is considered to have the highest risk of physical and psychological dependency and are considered to have no medical use, while Schedule V is recognized to have lower risk of dependency and legitimate medical use. The following are common examples of drugs that the lawyers of W. Scott Smith P.C. have defended in the past.

Schedule I

Heroin, THC, LSD, and MDMA (ecstasy).

Schedule II

Cocaine, Codein, Hydrocodone, Morphine, Methadone, Amphetamine, Methamphetamine, Oxycontin, Percocet

Schedule III

Suboxone, Ketamine, Anabolic steroids

Schedule IV

Xanax, Ambien, Valium

Drug Possession Penalties in Fulton County

The penalties in Fulton County and in Georgia are harsh. Possession of drugs in Georgia is a felony, except for marijuana if it less than an ounce. If it is your first offense and you are found guilty of a Schedule I or II drug, you are looking at 2-15 years in prison, intense probation, and high fines.

On second or subsequent offenses of Schedule I or II drugs, you are looking at at least 5 years in prison, and up to 30, with the possibility of similar probation and high fines as the first.

If you are found with Schedule III, IV, or V drugs, the penalty will be 1 to 5 years in prison. If it is your second or subsequent offense, you are facing 1 to 10 years prison time.

Additionally, if you are found guilty and a car was used during the felony, your driver’s license will be suspended.

How the State Proves Possession

The drugs do not have to be found on your person for you to be guilty of drug possession. Driving a car in which drugs are found is sufficient for the law to determine that you are in violation of the Controlled Substance Act. Even if the drugs are found thrown out or hidden, the State will still try to prove you were in possession. Depending on where the drugs were found, two people or more can be considered to have possession of the same drugs. Important facts for both the state and defense are whether or not paraphernalia or residue in plain view was found, and also whether you attempted to flee.

Additionally, drug crimes almost always implicate Fourth Amendment a analysis which can serve as a basis for suppression of the drugs. This means that if the State unlawfully searched or seized the drugs, the drugs are thrown out of evidence, and the case dismissed.

Talk to an Attorney

Because a conviction of drug possession carries serious prison time, it is important you speak with an attorney who is knowledgeable about drug possession laws in Georgia. Pleading guilty to any drug possession offense will have lifelong consequences that we want you to avoid. We would like for you to understand what you are facing and all of your legal options so that you can move on from this arrest in the best way possible. Call us for a FREE CONSULTATION today at 404-581-0999 and mention this blog.

Drug Trafficking Charges in Cobb County, Georgia

Drug trafficking charges are different from other drug crimes, such as possession, possession with intent to distribute, drug distribution, and drug manufacturing. The key difference between drug trafficking and these other drug charges is quantity. Because of the large amount of drugs involved in trafficking charges, the punishment is significantly higher and may result in the imposition of a mandatory minimum prison sentence.

This blog serves to explain the drug trafficking laws and how these cases are handled in Cobb County, Georgia. Why Cobb County? Cobb County is a highly populated county adjacent to Fulton that sees a high number of drug trafficking cases on an annual basis. Therefore, it is important to know what to expect from the prosecutors (District Attorney’s Office) and the Court itself when facing these charges.

The Law

O.C.G.A. § 16-13-31, makes it a criminal offense to sell, manufacture, delivers, or brings into the State, cocaine, illegal drugs, and marijuana is guilty of drug trafficking. The code section separates the law by drug and by quantity.

Trafficking cocaine is defined as any person who sells, manufactures, delivers, or brings into this state or knowingly possesses 28 or more grams[1] of cocaine. If the quantity of cocaine is between 28 grams and 200 grams, the person shall be sentenced to a mandatory minimum prison sentence of 10 years and shall pay a fine of $200,000. If the quantity of cocaine is between 200 grams and 400 grams, the person shall be sentenced to a mandatory minimum prison sentence of 15 years and shall pay a $300,000 fine. Lastly, if the quantity of cocaine is 400 grams or more, the person shall be sentenced to a mandatory prison sentence of 25 years and shall pay a fine of $1,000,000.

For morphine and opium (including heroin), a person is guilty of trafficking if they sell, manufacture, deliver, bring into this state, or possess 4 grams or more of the substance. If the quantity involved is between 4 and 14 grams, the person shall be sentenced to a mandatory minimum term of imprisonment for 5 years and shall pay a fine of $50,000. For between 14 grams and 28 grams, the sentence is at least 10 years in prison and a fine of $100,000

Trafficking marijuana is defined as selling, manufacturing, growing, delivering, or possessing more than 10 pounds or marijuana. If the amount of marijuana is greater than 10 pounds but less than 2,000 pounds, the law requires a mandatory minimum 5 year prison sentence plus a $100,000 fine. If the quantity involved is greater than 2,000 pounds but less than 10,000 pounds, there is a 7 year mandatory minimum prison sentence plus a $250,000 fine. Finally, if the quantity of marijuana is greater than 10,000 pounds, the person shall be sentenced to a mandatory minimum prison sentence of at least 15 years as well as a fine of $1,000,000.

For methamphetamine and/or amphetamine, any person who sells, delivers, or brings into this state or who possesses 28 grams or more is guilty of trafficking. If the quantity is greater than 28 grams but less than 200 grams the person shall be sentenced to a mandatory minimum prison sentence of 10 years and pay a fine of $200,000. For quantities greater than 200 grams but less than 400 grams, it is a 15 year mandatory minimum prison sentence plus a $300,000 fine. If the quantity is greater than 400 grams, the mandatory minimum prison sentence is 25 years plus a $1,000,000 fine.

Although the above sentences are described as “mandatory minimum prison” sentences, there are a few limited ways in which someone convicted of trafficking may be sentenced to less prison time than what is required by the mandatory minimums: (1) If the defendant provides “substantial assistance” to the government in identifying, arresting, and/or convicting other people involved in the drug conspiracy, the prosecutor may move the court to reduce or suspend part or all of the defendant’s sentence; (2) by agreement of the parties through a “negotiated plea”; or (3) the judge may depart from these mandatory minimums if certain mitigating factors exist (no prior felonies, no firearm used, defendant not head of conspiracy, nobody was injured as a result of criminal conduct, or if the interests of justice would not be served by imposing a mandatory minimum sentence).

Cobb County

If you have been arrested in Cobb County for drug trafficking, the first and most important step is getting a bond. Only a superior court judge may set bail on a trafficking charge. When considering whether to grant a bond the judge analyzes four factors, whether the defendant is a significant risk of:

  • Fleeing from the jurisdiction of the court
  • Posing a threat or danger to any person
  • Committing a felony while on pre-trial release
  • Intimidating witnesses

An experienced attorney may be able to get the prosecutor to consent to a bond in the case if you have ties to the community and meet the above factors. In Cobb County, bonds for trafficking range from $65,000 up to $125,000. The judge may also impose non-monetary restrictions (house arrest, no contact provisions, GPS ankle monitor, curfew, etc.). There is always the possibility, however, that a judge will deny setting a bond in the case, even if the bond was consented to. If the prosecutor will not agree to a bond, then the defendant will have to go before the judge and offer evidence of defendant’s ties to the communities (length of residence, family ties, employment status and history, history of responding to legal process – failure to appears or probation violations, lack of criminal history). The judge will normally set a “surety bond” where the defendant is only responsible for posting 10% of the overall bond amount and a bond company pays the rest (percentage varies depending on bond company).

If a bond is granted, the next step is fighting the case. Once all the evidence is gathered through the discovery process and our firm’s own independent investigation, we then communicate with the Cobb County District Attorney’s Office in an attempt to discuss a resolution. If these preliminary discussions are to no avail, we then proceed to file a “motion to suppress” illegally obtained evidence. If granted, the prosecution would not be able to proceed with the case. If denied, and the prosecutor is unwilling to dismiss or reduce the charges then we would be fully prepared to try the case before a jury. There are several defenses available to someone charged with drug trafficking:

  • Insufficient Drug Quantity (a motion to inspect evidence could reveal the weight of the substance does not meet the quantity as required in order to charge trafficking)
  • No Possession – Actual or Constructive (this defense asserts the defendant did not knowingly possess the substance in question, directly or indirectly)
  • Equal Access to Drugs (this defense relates to other individuals having access to the container or area in which the drugs were found, thereby raising doubt that the defendant knowingly possessed the drugs)
  • Illegally Obtained Evidence (this is the basis of a successful motion to suppress)

Contact Us

If you or someone you know has been arrested for drug trafficking, contact the law firm of W. Scott Smith at 404.581.0999 today for a free case evaluation. You’ll find a local Atlanta attorney ready to aggressively fight on your behalf. You can also find out more detailed information about Atlanta laws here.

 

[1] With a minimum purity of 10% or more of cocaine as described in Schedule II

Georgia Criminal Law: Drug Trafficking in Gwinnett County

Drug trafficking charges are different from other drug crimes, such as possession, possession with intent to distribute, drug distribution, and drug manufacturing. The key difference between drug trafficking and these other drug charges is quantity. Because of the large amount of drugs involved in trafficking charges, the punishment is significantly higher and may result in the imposition of a mandatory minimum prison sentence.

This blog serves to explain the drug trafficking laws and how these cases are handled in Gwinnett County, Georgia. Why Gwinnett County? Gwinnett County is a highly populated and geographically vast jurisdiction that sees a high number of drug trafficking cases on an annual basis. Therefore, it is important to know what to expect from the prosecutors (District Attorney’s Office) and the Court itself when facing these charges.

The Law

O.C.G.A. § 16-13-31, makes it a criminal offense to sell, manufacture, delivers, or brings into the State, cocaine, illegal drugs, and marijuana is guilty of drug trafficking. The code section separates the law by drug and by quantity.

Trafficking cocaine is defined as any person who sells, manufactures, delivers, or brings into this state or knowingly possesses 28 or more grams[1] of cocaine. If the quantity of cocaine is between 28 grams and 200 grams, the person shall be sentenced to a mandatory minimum prison sentence of 10 years and shall pay a fine of $200,000. If the quantity of cocaine is between 200 grams and 400 grams, the person shall be sentenced to a mandatory minimum prison sentence of 15 years and shall pay a $300,000 fine. Lastly, if the quantity of cocaine is 400 grams or more, the person shall be sentenced to a mandatory prison sentence of 25 years and shall pay a fine of $1,000,000.

For morphine and opium (including heroin), a person is guilty of trafficking if they sell, manufacture, deliver, bring into this state, or possess 4 grams or more of the substance. If the quantity involved is between 4 and 14 grams, the person shall be sentenced to a mandatory minimum term of imprisonment for 5 years and shall pay a fine of $50,000. For between 14 grams and 28 grams, the sentence is at least 10 years in prison and a fine of $100,000

Trafficking marijuana is defined as selling, manufacturing, growing, delivering, or possessing more than 10 pounds or marijuana. If the amount of marijuana is greater than 10 pounds but less than 2,000 pounds, the law requires a mandatory minimum 5 year prison sentence plus a $100,000 fine. If the quantity involved is greater than 2,000 pounds but less than 10,000 pounds, there is a 7 year mandatory minimum prison sentence plus a $250,000 fine. Finally, if the quantity of marijuana is greater than 10,000 pounds, the person shall be sentenced to a mandatory minimum prison sentence of at least 15 years as well as a fine of $1,000,000.

For methamphetamine and/or amphetamine, any person who sells, delivers, or brings into this state or who possesses 28 grams or more is guilty of trafficking. If the quantity is greater than 28 grams but less than 200 grams the person shall be sentenced to a mandatory minimum prison sentence of 10 years and pay a fine of $200,000. For quantities greater than 200 grams but less than 400 grams, it is a 15 year mandatory minimum prison sentence plus a $300,000 fine. If the quantity is greater than 400 grams, the mandatory minimum prison sentence is 25 years plus a $1,000,000 fine.

Although the above sentences are described as “mandatory minimum prison” sentences, there are a few limited ways in which someone convicted of trafficking may be sentenced to less prison time than what is required by the mandatory minimums: (1) If the defendant provides “substantial assistance” to the government in identifying, arresting, and/or convicting other people involved in the drug conspiracy, the prosecutor may move the court to reduce or suspend part or all of the defendant’s sentence; (2) by agreement of the parties through a “negotiated plea”; or (3) the judge may depart from these mandatory minimums if certain mitigating factors exist (no prior felonies, no firearm used, defendant not head of conspiracy, nobody was injured as a result of criminal conduct, or if the interests of justice would not be served by imposing a mandatory minimum sentence).

Gwinnett County

If you have been arrested in Gwinnett County for drug trafficking, the first and most important step is getting a bond. Only a superior court judge may set bail on a trafficking charge. When considering whether to grant a bond the judge analyzes four factors, whether the defendant is a significant risk of:

  • Fleeing from the jurisdiction of the court
  • Posing a threat or danger to any person
  • Committing a felony while on pre-trial release
  • Intimidating witnesses

An experienced attorney may be able to get the prosecutor to consent to a bond in the case if you have ties to the community and meet the above factors. In Gwinnett County, bonds for trafficking range from $65,000 up to $125,000. The judge may also impose non-monetary restrictions (house arrest, no contact provisions, GPS ankle monitor, curfew, etc.). There is always the possibility, however, that a judge will deny setting a bond in the case, even if the bond was consented to. If the prosecutor will not agree to a bond, then the defendant will have to go before the judge and offer evidence of defendant’s ties to the communities (length of residence, family ties, employment status and history, history of responding to legal process – failure to appears or probation violations, lack of criminal history). The judge will normally set a “surety bond” where the defendant is only responsible for posting 10% of the overall bond amount and a bond company pays the rest (percentage varies depending on bond company).

If a bond is granted, the next step is fighting the case. Once all the evidence is gathered through the discovery process and our firm’s own independent investigation, we then communicate with the Gwinnett County District Attorney’s Office in an attempt to discuss a resolution. If these preliminary discussions are to no avail, we then proceed to file a “motion to suppress” illegally obtained evidence. If granted, the prosecution would not be able to proceed with the case. If denied, and the prosecutor is unwilling to dismiss or reduce the charges then we would be fully prepared to try the case before a jury. There are several defenses available to someone charged with drug trafficking:

  • Insufficient Drug Quantity (a motion to inspect evidence could reveal the weight of the substance does not meet the quantity as required in order to charge trafficking)
  • No Possession – Actual or Constructive (this defense asserts the defendant did not knowingly possess the substance in question, directly or indirectly)
  • Equal Access to Drugs (this defense relates to other individuals having access to the container or area in which the drugs were found, thereby raising doubt that the defendant knowingly possessed the drugs)
  • Illegally Obtained Evidence (this is the basis of a successful motion to suppress)

Contact Us

If you or someone you know has been arrested for drug trafficking, contact the law firm of W. Scott Smith at 404.581.0999 today for a free case evaluation. You’ll find a local Atlanta attorney ready to aggressively fight on your behalf. You can also find out more detailed information about Atlanta laws here.

 

[1] With a minimum purity of 10% or more of cocaine as described in Schedule II

Georgia Criminal Law – Drug Trafficking in Hall County Georgia

Drug trafficking charges are different from other drug crimes, such as possession, possession with intent to distribute, drug distribution, and drug manufacturing. The key difference between drug trafficking and these other drug charges is quantity. Because of the large amount of drugs involved in trafficking charges, the punishment is significantly higher and may result in the imposition of a mandatory minimum prison sentence.

This blog serves to explain the drug trafficking laws and how these cases are handled in Hall County, Georgia. Why Hall County? Hall County is a large jurisdiction, which has significant issues in trafficking of methamphetamine. There was even a recent arrest for drug trafficking within Hall County jail.  Because of the concentration of drug trafficking within this large geographical area, it is important to know what to expect from the prosecutors (District Attorney’s Office) and the Court itself when facing these charges.

The Law

O.C.G.A. § 16-13-31, makes it a criminal offense to sell, manufacture, deliver, or bring into the State, cocaine, illegal drugs, and marijuana is guilty of drug trafficking. The code section separates the law by drug and by quantity.

Trafficking cocaine is defined as any person who sells, manufactures, delivers, or brings into this state or knowingly possesses 28 or more grams of cocaine (minimum purity of 10% or more). If the quantity of cocaine is between 28 grams and 200 grams, the person shall be sentenced to a mandatory minimum prison sentence of 10 years and shall pay a fine of $200,000. If the quantity of cocaine is between 200 grams and 400 grams, the person shall be sentenced to a mandatory minimum prison sentence of 15 years and shall pay a $300,000 fine. Lastly, if the quantity of cocaine is 400 grams or more, the person shall be sentenced to a mandatory prison sentence of 25 years and shall pay a fine of $1,000,000.

For morphine and opium (including heroin), a person is guilty of trafficking if they sell, manufacture, deliver, bring into this state, or possess 4 grams or more of the substance. If the quantity involved is between 4 and 14 grams, the person shall be sentenced to a mandatory minimum term of imprisonment for 5 years and shall pay a fine of $50,000. For between 14 grams and 28 grams, the sentence is at least 10 years in prison and a fine of $100,000

Trafficking marijuana is defined as selling, manufacturing, growing, delivering, or possessing more than 10 pounds or marijuana. If the amount of marijuana is greater than 10 pounds but less than 2,000 pounds, the law requires a mandatory minimum 5 year prison sentence plus a $100,000 fine. If the quantity involved is greater than 2,000 pounds but less than 10,000 pounds, there is a 7 year mandatory minimum prison sentence plus a $250,000 fine. Finally, if the quantity of marijuana is greater than 10,000 pounds, the person shall be sentenced to a mandatory minimum prison sentence of at least 15 years as well as a fine of $1,000,000.

For methamphetamine and/or amphetamine, any person who sells, delivers, or brings into this state or who possesses 28 grams or more is guilty of trafficking. If the quantity is greater than 28 grams but less than 200 grams the person shall be sentenced to a mandatory minimum prison sentence of 10 years and pay a fine of $200,000. For quantities greater than 200 grams but less than 400 grams, it is a 15 year mandatory minimum prison sentence plus a $300,000 fine. If the quantity is greater than 400 grams, the mandatory minimum prison sentence is 25 years plus a $1,000,000 fine.

Although the above sentences are described as “mandatory minimum prison” sentences, there are a few limited ways in which someone convicted of trafficking may be sentenced to less prison time than what is required by the mandatory minimums:

  • If the defendant provides “substantial assistance” to the government in identifying, arresting, and/or convicting other people involved in the drug conspiracy, the prosecutor may move the court to reduce or suspend part or all of the defendant’s sentence;
  • by agreement of the parties through a “negotiated plea”; or
  • if certain mitigating factors exist (no prior felonies, no firearm used, defendant not head of conspiracy, nobody was injured as a result of criminal conduct, or if the interests of justice would not be served by imposing a mandatory minimum sentence).

Hall County

If you have been arrested in Hall County for drug trafficking, the first and most important step is getting a bond. Only a superior court judge may set bail on a trafficking charge. When considering whether to grant a bond the judge analyzes four factors, whether the defendant is a significant risk of:

  • Fleeing from the jurisdiction of the court
  • Posing a threat or danger to any person
  • Committing a felony while on pre-trial release
  • Intimidating witnesses

An experienced attorney may be able to get the prosecutor to consent to a bond in the case if you have ties to the community and meet the above factors. In Hall County, bonds for trafficking range from $65,000 up to $125,000. The judge may also impose non-monetary restrictions (house arrest, no contact provisions, GPS ankle monitor, curfew, etc.). There is always the possibility, however, that a judge will deny setting a bond in the case, even if the bond was consented to. If the prosecutor will not agree to a bond, then the defendant will have to go before the judge and offer evidence of defendant’s ties to the communities (length of residence, family ties, employment status and history, history of responding to legal process – failure to appears or probation violations, lack of criminal history). The judge will normally set a “surety bond” where the defendant is only responsible for posting 10% of the overall bond amount and a bond company pays the rest (percentage varies depending on bond company).

If a bond is granted, the next step is fighting the case. Once all the evidence is gathered through the discovery process and our firm’s own independent investigation, we then communicate with the Hall County District Attorney’s Office in an attempt to discuss a resolution. If these preliminary discussions are to no avail, we then proceed to file a “motion to suppress” illegally obtained evidence. If granted, the prosecution would not be able to proceed with the case. If denied, and the prosecutor is unwilling to dismiss or reduce the charges then we would be fully prepared to try the case before a jury.

Defenses

There are several defenses available to someone charged with drug trafficking:

  • Insufficient Drug Quantity (a motion to inspect evidence could reveal the weight of the substance does not meet the quantity as required in order to charge trafficking)
  • No Possession  – Actual or Constructive (this defense asserts the defendant did not knowingly possess the substance in question, directly or indirectly)
  • Equal Access to Drugs (this defense relates to other individuals having access to the container or area in which the drugs were found, thereby raising doubt that the defendant knowingly possessed the drugs)
  • Illegally Obtained Evidence (this is the basis of a successful motion to suppress)

Contact Us

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

Georgia Criminal Law – Drug Trafficking in Forsyth County Georgia

Drug trafficking charges are different from other drug crimes, such as possession, possession with intent to distribute, drug distribution, and drug manufacturing. The key difference between drug trafficking and these other drug charges is quantity. Because of the large amount of drugs involved in trafficking charges, the punishment is significantly higher and may result in the imposition of a mandatory minimum prison sentence.

This blog serves to explain the drug trafficking laws and how these cases are handled in Forsyth County, Georgia. Why Forsyth County? Forsyth County is a large jurisdiction that has a high number of drug trafficking cases on an annual basis. Because of the concentration of drug trafficking within this large county, it is important to know what to expect from the prosecutors (District Attorney’s Office) and the Court itself when facing these charges.

The Law

O.C.G.A. § 16-13-31, makes it a criminal offense to sell, manufacture, deliver, or bring into the State, cocaine, illegal drugs, and marijuana is guilty of drug trafficking. The code section separates the law by drug and by quantity.

Trafficking cocaine is defined as any person who sells, manufactures, delivers, or brings into this state or knowingly possesses 28 or more grams of cocaine (minimum purity of 10% or more). If the quantity of cocaine is between 28 grams and 200 grams, the person shall be sentenced to a mandatory minimum prison sentence of 10 years and shall pay a fine of $200,000. If the quantity of cocaine is between 200 grams and 400 grams, the person shall be sentenced to a mandatory minimum prison sentence of 15 years and shall pay a $300,000 fine. Lastly, if the quantity of cocaine is 400 grams or more, the person shall be sentenced to a mandatory prison sentence of 25 years and shall pay a fine of $1,000,000.

For morphine and opium (including heroin), a person is guilty of trafficking if they sell, manufacture, deliver, bring into this state, or possess 4 grams or more of the substance. If the quantity involved is between 4 and 14 grams, the person shall be sentenced to a mandatory minimum term of imprisonment for 5 years and shall pay a fine of $50,000. For between 14 grams and 28 grams, the sentence is at least 10 years in prison and a fine of $100,000

Trafficking marijuana is defined as selling, manufacturing, growing, delivering, or possessing more than 10 pounds or marijuana. If the amount of marijuana is greater than 10 pounds but less than 2,000 pounds, the law requires a mandatory minimum 5 year prison sentence plus a $100,000 fine. If the quantity involved is greater than 2,000 pounds but less than 10,000 pounds, there is a 7 year mandatory minimum prison sentence plus a $250,000 fine. Finally, if the quantity of marijuana is greater than 10,000 pounds, the person shall be sentenced to a mandatory minimum prison sentence of at least 15 years as well as a fine of $1,000,000.

For methamphetamine and/or amphetamine, any person who sells, delivers, or brings into this state or who possesses 28 grams or more is guilty of trafficking. If the quantity is greater than 28 grams but less than 200 grams the person shall be sentenced to a mandatory minimum prison sentence of 10 years and pay a fine of $200,000. For quantities greater than 200 grams but less than 400 grams, it is a 15 year mandatory minimum prison sentence plus a $300,000 fine. If the quantity is greater than 400 grams, the mandatory minimum prison sentence is 25 years plus a $1,000,000 fine.

Although the above sentences are described as “mandatory minimum prison” sentences, there are a few limited ways in which someone convicted of trafficking may be sentenced to less prison time than what is required by the mandatory minimums:

  • If the defendant provides “substantial assistance” to the government in identifying, arresting, and/or convicting other people involved in the drug conspiracy, the prosecutor may move the court to reduce or suspend part or all of the defendant’s sentence;
  • by agreement of the parties through a “negotiated plea”; or
  • if certain mitigating factors exist (no prior felonies, no firearm used, defendant not head of conspiracy, nobody was injured as a result of criminal conduct, or if the interests of justice would not be served by imposing a mandatory minimum sentence).

Forsyth County

If you have been arrested in Forsyth County for drug trafficking, the first and most important step is getting a bond. Only a superior court judge may set bail on a trafficking charge. When considering whether to grant a bond the judge analyzes four factors, whether the defendant is a significant risk of:

  • Fleeing from the jurisdiction of the court
  • Posing a threat or danger to any person
  • Committing a felony while on pre-trial release
  • Intimidating witnesses

An experienced attorney may be able to get the prosecutor to consent to a bond in the case if you have ties to the community and meet the above factors. In Forsyth County, bonds for trafficking range from $65,000 up to $125,000. The judge may also impose non-monetary restrictions (house arrest, no contact provisions, GPS ankle monitor, curfew, etc.). There is always the possibility, however, that a judge will deny setting a bond in the case, even if the bond was consented to. If the prosecutor will not agree to a bond, then the defendant will have to go before the judge and offer evidence of defendant’s ties to the communities (length of residence, family ties, employment status and history, history of responding to legal process – failure to appears or probation violations, lack of criminal history). The judge will normally set a “surety bond” where the defendant is only responsible for posting 10% of the overall bond amount and a bond company pays the rest (percentage varies depending on bond company).

If a bond is granted, the next step is fighting the case. Once all the evidence is gathered through the discovery process and our firm’s own independent investigation, we then communicate with the Forsyth County District Attorney’s Office in an attempt to discuss a resolution. If these preliminary discussions are to no avail, we then proceed to file a “motion to suppress” illegally obtained evidence. If granted, the prosecution would not be able to proceed with the case. If denied, and the prosecutor is unwilling to dismiss or reduce the charges then we would be fully prepared to try the case before a jury.

Defenses

There are several defenses available to someone charged with drug trafficking:

  • Insufficient Drug Quantity (a motion to inspect evidence could reveal the weight of the substance does not meet the quantity as required in order to charge trafficking)
  • No Possession  – Actual or Constructive (this defense asserts the defendant did not knowingly possess the substance in question, directly or indirectly)
  • Equal Access to Drugs (this defense relates to other individuals having access to the container or area in which the drugs were found, thereby raising doubt that the defendant knowingly possessed the drugs)
  • Illegally Obtained Evidence (this is the basis of a successful motion to suppress)

Contact Us

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

Drug Trafficking in Clayton County Georgia – Hartsfield-Jackson Airport

Imagine you have just flown into Hartsfield Jackson International Airport. You get off the plane and proceed to your luggage carousel. After you grab your bag, you are approached by several men who identify themselves as law enforcement. They ask to search your luggage and you agree. A search reveals a large quantity of drugs and you have no idea how they got there. You are now facing drug trafficking charges in Clayton County, Georgia.

Drug trafficking charges are different from other drug crimes, such as possession, possession with intent to distribute, drug distribution, and drug manufacturing. The key difference between drug trafficking and these other drug charges is quantity. Because of the large amount of drugs involved in trafficking charges, the punishment is significantly higher and may result in the imposition of a mandatory minimum prison sentence.

This blog serves to explain the drug trafficking laws and how these cases are handled in Clayton County, Georgia. Why Clayton County? Clayton County is a hotbed for drug trafficking because the Hartsfield Jackson International Airport is located within its borders. Therefore, it is important to know what to expect from the prosecutors (District Attorney’s Office) and the Court itself when facing these charges.

The Law

O.C.G.A. § 16-13-31, makes it a criminal offense to sell, manufacture, delivers, or brings into the State, cocaine, illegal drugs, and marijuana is guilty of drug trafficking. The code section separates the law by drug and by quantity.

Trafficking cocaine is defined as any person who sells, manufactures, delivers, or brings into this state or knowingly possesses 28 or more grams[1] of cocaine. If the quantity of cocaine is between 28 grams and 200 grams, the person shall be sentenced to a mandatory minimum prison sentence of 10 years and shall pay a fine of $200,000. If the quantity of cocaine is between 200 grams and 400 grams, the person shall be sentenced to a mandatory minimum prison sentence of 15 years and shall pay a $300,000 fine. Lastly, if the quantity of cocaine is 400 grams or more, the person shall be sentenced to a mandatory prison sentence of 25 years and shall pay a fine of $1,000,000.

For morphine and opium (including heroin), a person is guilty of trafficking if they sell, manufacture, deliver, bring into this state, or possess 4 grams or more of the substance. If the quantity involved is between 4 and 14 grams, the person shall be sentenced to a mandatory minimum term of imprisonment for 5 years and shall pay a fine of $50,000. For between 14 grams and 28 grams, the sentence is at least 10 years in prison and a fine of $100,000

Trafficking marijuana is defined as selling, manufacturing, growing, delivering, or possessing more than 10 pounds or marijuana. If the amount of marijuana is greater than 10 pounds but less than 2,000 pounds, the law requires a mandatory minimum 5 year prison sentence plus a $100,000 fine. If the quantity involved is greater than 2,000 pounds but less than 10,000 pounds, there is a 7 year mandatory minimum prison sentence plus a $250,000 fine. Finally, if the quantity of marijuana is greater than 10,000 pounds, the person shall be sentenced to a mandatory minimum prison sentence of at least 15 years as well as a fine of $1,000,000.

For methamphetamine and/or amphetamine, any person who sells, delivers, or brings into this state or who possesses 28 grams or more is guilty of trafficking. If the quantity is greater than 28 grams but less than 200 grams the person shall be sentenced to a mandatory minimum prison sentence of 10 years and pay a fine of $200,000. For quantities greater than 200 grams but less than 400 grams, it is a 15 year mandatory minimum prison sentence plus a $300,000 fine. If the quantity is greater than 400 grams, the mandatory minimum prison sentence is 25 years plus a $1,000,000 fine.

Although the above sentences are described as “mandatory minimum prison” sentences, there are a few limited ways in which someone convicted of trafficking may be sentenced to less prison time than what is required by the mandatory minimums: (1) If the defendant provides “substantial assistance” to the government in identifying, arresting, and/or convicting other people involved in the drug conspiracy, the prosecutor may move the court to reduce or suspend part or all of the defendant’s sentence; (2) by agreement of the parties through a “negotiated plea”; or (3) the judge may depart from these mandatory minimums if certain mitigating factors exist (no prior felonies, no firearm used, defendant not head of conspiracy, nobody was injured as a result of criminal conduct, or if the interests of justice would not be served by imposing a mandatory minimum sentence).

Clayton County

If you have been arrested in Clayton County for drug trafficking, the first and most important step is getting a bond. Only a superior court judge may set bail on a trafficking charge. When considering whether to grant a bond the judge analyzes four factors, whether the defendant is a significant risk of:

  1. Fleeing from the jurisdiction of the court
  2. Posing a threat or danger to any person
  3. Committing a felony while on pre-trial release
  4. Intimidating witnesses

An experienced attorney may be able to get the prosecutor to consent to a bond in the case if you have ties to the community and meet the above factors. In Clayton County, bonds for trafficking range from $65,000 up to $125,000. The judge may also impose non-monetary restrictions (house arrest, no contact provisions, GPS ankle monitor, curfew, etc.). There is always the possibility, however, that a judge will deny setting a bond in the case, even if the bond was consented to. If the prosecutor will not agree to a bond, then the defendant will have to go before the judge and offer evidence of defendant’s ties to the communities (length of residence, family ties, employment status and history, history of responding to legal process – failure to appears or probation violations, lack of criminal history). The judge will normally set a “surety bond” where the defendant is only responsible for posting 10% of the overall bond amount and a bond company pays the rest (percentage varies depending on bond company).

If a bond is granted, the next step is fighting the case. Once all the evidence is gathered through the discovery process and our firm’s own independent investigation, we then communicate with the Clayton County District Attorney’s Office in an attempt to discuss a resolution. If these preliminary discussions are to no avail, we then proceed to file a “motion to suppress” illegally obtained evidence. If granted, the prosecution would not be able to proceed with the case. If denied, and the prosecutor is unwilling to dismiss or reduce the charges then we would be fully prepared to try the case before a jury. There are several defenses available to someone charged with drug trafficking:

  1. Insufficient Drug Quantity (a motion to inspect evidence could reveal the weight of the substance does not meet the quantity as required in order to charge trafficking)
  2. No Possession  – Actual or Constructive (this defense asserts the defendant did not knowingly possess the substance in question, directly or indirectly)
  3. Equal Access to Drugs (this defense relates to other individuals having access to the container or area in which the drugs were found, thereby raising doubt that the defendant knowingly possessed the drugs)
  4. Illegally Obtained Evidence (this is the basis of a successful motion to suppress)

Contact Us

If you or someone you know has been arrested for drug trafficking, contact the law firm of W. Scott Smith at 404.581.0999 today for a free case evaluation. You’ll find a local Atlanta attorney ready to aggressively fight on your behalf. You can also find out more detailed information about Atlanta laws here.


[1] With a minimum purity of 10% or more of cocaine as described in Schedule II

What do you do if you are arrested for possession with intent or trafficking in drugs in Georgia?

If you or a loved one is arrested for Possession with Intent to Distribute or Trafficking in Georgia, it is important that you act immediately to protect yourself. Do not wait until your court date to get an attorney and to preserve evidence.

The District Attorney has a dedicated division to prosecute cases involving Possession with Intent to Distribute or Trafficking. They will vigorously prosecute you if you are charged with a crime involving selling cocaine, heroin, methamphetamines, marijuana or other illegal drugs.   

Do not think that just because you are innocent that the charges will be dismissed. Drug charges are aggressively prosecuted all over the State of Georgia.

Make sure your attorney has had felony jury trials and has won these cases. Do not let an attorney handle your case who does not specifically handle drug cases. Many drug cases are won at a motions hearing. It is imperative that you get body cams, dash cams, search warrants and take witness statements of anyone involved in the search and seizure of the drugs.  

The law may say you are presumed innocent but in drug cases, you have to prove your innocence.

Here is what you should do if arrested for Possession with Intent to Distribute or Trafficking.

  1. Hire an attorney – Make sure that attorney actually handles and tries drug cases. Most criminal defense attorneys do not handle these cases. Make sure the attorney you talk to does regularly handles drug cases in Georgia
  2. Avoid making any statements – Do not walk into the police department and profess your innocence. The police will not believe you. Do not think you can show up at your first court date and tell the prosecutor and judge that you are innocent and expect the charges to be dropped. If you are arrested for possession with intent to distribute or trafficking, you have to start preparing for your jury trial. Do not make any statements to anyone except your lawyer.
  3. Start gathering important evidence
    1. Gather and preserve any physical evidence in your possession.
    1. Gather and preserve any documents that might relate to this accusation including emails, texts, social media, phone records, GPS records, computer records or any other document that might show where you were when this incident allegedly occurred.
    1. Witnesses – Immediately make a list of any person who you think might have information about this accusation. Do not discuss the case with this person but pass this list of potential witnesses to your attorney and let your attorney contact them.

Here is what you should never do if arrested for possession with intent to distribute or trafficking in Georgia.

  1. Never talk to law enforcement or the prosecutor without an attorney.

If you are arrested for possession with intent to distribute or trafficking in cocaine, heroin, marijuana, methamphetamine or any other illegal drug, please call our office 24/7 at 404-581-0999 or send us an email at mike@peachstatelawyer.com. We will sit down with you and fully discuss your case and what to expect in court. There is no charge for the initial consultation. You will only retain us if you feel we are the best law firm to represent you. It is your case and your life so you need to hire the lawyer that you feel gives you the best chance to win.

Possession with Intent to Distribute in Georgia Law

If you have been arrested for Possession with Intent to Distribute in Georgia, it is imperative that you hire an attorney quickly. Possession with Intent to Distribute cases often are won by filing a Motion to Suppress. These motions must be filed within 10 days of arraignment. If you do not properly file them, they are waived and you will potentially lose the ability to beat your case.

It is unlawful for any person to manufacture, deliver, distribute, dispense, administer, sell, or possession with the intent to distribute any controlled substance. O.C.G.A. 16-13-30(b).

What does the District Attorney have to prove?

The prosecutor must prove that the Defendant intended to sell or distribute the drug that is in his possession. If you are simply in possession of the drug but not intending to sell or distribute it, then you cannot be convicted of Possession with Intent.

However, even if you possess only a small amount of a drug, you can still be charged with Possession with Intent to Distribute. To prove intent to sell, the State would have to show evidence of baggies, a scale, large amount of currency or other drug paraphernalia. The State could also show it through a prior conviction for Possession with Intent to Distribute or expert testimony that the amount was consistent with someone selling it rather than just using for personal consumption.

If you are charged with Possession with Intent to Distribute, please call us at 404-581-0999 for a free consultation. We have offices in both downtown Atlanta and Marietta.