Here are the most common defenses in Georgia to drug charges:
Unlawful Search and Seizure
The Fourth Amendment to the U.S. Constitution and Paragraphs One and Eight of the Georgia Constitution guarantees the right to due process of law, including lawful search and seizure procedures prior to an arrest. Search and seizure issues are very common in drug possession cases. The vast majority of our wins have come from our extensive knowledge of Georgia Law and the limitations law enforcement are required to follow.
Mischarged Drug Case
We commonly see someone charged with offenses they didn’t commit. Examples include Possession with Intent to Distribute where the drugs seized were for personal use. Other examples can include where the drugs are misidentified. The drug analyst then must testify at trial in order for the prosecution to make its case.
Drugs Belong to Someone Else
A common defense to any crime charge is to simply say you didn’t possess it or the drugs were not yours. In Georgia, possession can be constructive but that still requires the State to prove you intended to possess the drugs.
While law enforcement is free to set up drug buys, entrapment occurs when officers or informants induce a suspect to commit a crime he or she otherwise may not have committed. If an informant pressures a suspect into passing drugs to a third party then this may be considered entrapment.
Call us today
Our goals are to meet your goals. Some clients want to avoid prison. Other clients want to protect their criminal history and the collateral consequences that can be so harmful as a result of a drug conviction. Whatever the goal, we will do everything in our power to meet your goals.
by Scott Smith