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Drug Defense

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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.

Entrapment

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

Possession of Drug Related Objects

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What’s a drug related object?

It is not uncommon for an officer to search your car or home and not only arrest you for the marijuana or drugs they found, but also for Possession of Drug Related Objects. In Georgia, under O.C.G.A. § 16-13-32.2, it is illegal to possess objects used to smoke, store, ingest, manufacture, and conceal drugs with. The most common drug related object we defend against are the use of pipes, but other examples are syringes, grinders, and scales. Possession of a drug related object is a misdemeanor charge in Georgia, and can carry up to 12 months in jail and a $1,000 fine. Even if the pipe or other item does not have any residue in it, you can still be arrested. Even if there were no drugs found in the car, police officers will routinely arrest you nonetheless for any drug related object that comes up in the search.

What will my case look like?

The defense in these cases vary, but if the officer finds the paraphernalia or drug related object as a result of an unlawful search, then the drugs and the drug objects can be suppressed as what is referred to as fruit of the poisonous tree. Examples of unlawful searches include those without a warrant in some circumstances, or those with faulty search warrants. An experienced and aggressive criminal defense attorney can attack the search and seizure of the drug paraphernalia or drugs found during a search by police officers. If you or a loved one has been charged with possession of drugs or possession of drug related objects in Georgia, call us today for a FREE CONSULTATION at 404-581-0999.

by Mary Agramonte

VIDEO – Marijuana Possession in Georgia May be Treated as a Felony

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Did you know that personal possession of less than one ounce of marijuana isn’t always classified as a misdemeanor under Georgia law? I’m Scott Smith and personal possession of marijuana is the subject of today’s video blog.

The statutes that cover marijuana laws are in the official code of Georgia Title Sixteen Chapter Thirteen. This chapter covers all controlled substances under the Georgia Code.

In Georgia, it is only a misdemeanor to possess less than one ounce of marijuana for personal use if that marijuana is still in plant form. That includes all areas of the plant including low potency areas like leaves, stalks, and stems.

But if that same less than one ounce of marijuana has been extracted or concentrated into a substance that no longer has a plant like appearance, then possession of any amount of that substance is considered a felony under Georgia law.

This includes marijuana infused foods like lollipops, brownies, and candies along with concentrated marijuana that takes the appearance of a wax and oil like substances.

Possession of any type of marijuana, plant or otherwise, of one ounce or more is a felony under Georgia law.

If you’re facing possession of marijuana charges, it is important to know your defenses. Was the marijuana found after an illegal traffic stop? Is there enough marijuana to be tested? Has the marijuana been tested and did it come back positive? Was the amount of marijuana found less than the officer states in their report?

At the Peach State Lawyer law firm, our experienced drug attorneys can evaluate these defenses and discuss strategy in handling your case. Georgia law provides options for handling your marijuana case that can allow experienced attorneys to prevent convictions on your criminal history, even for repeat offenders.

Call us today for a free consultation at 404-581-0999 and let us help you with your marijuana case. Thank you.