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

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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

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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.