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Atlanta Drug Crime Lawyer: Drug Offenses, Schedules, and Penalties
Arrested for Drug Trafficking in Atlanta? You Need a Top Criminal Defense Lawyer
If you live in Atlanta, Georgia, it is important to realize that the state and county laws against drugs and controlled substances are some of the harshest in the country. Unless you have a specific, narrowly limited prescription, then any manufacturing, distribution, or possession of even the smallest amount of narcotics or drugs is considered to be illegal. With the recent war on drugs programs offered by government officials trying to sway politics to their side, law enforcement officials have been encouraged to act in even stricter manners, arresting and interrogating people for the slightest provocation.
What qualifies as drug trafficking in Georgia?
Under Georgia law (O.C.G.A. § 16-13-31), drug trafficking is based on the weight of the controlled substance, not whether drugs were sold or transported. Even simple possession of a large quantity can lead to trafficking charges.
This is why you need a skilled Atlanta drug offense attorney to work for you. The Law Office of Ahmad R. Crews is determined to support you when you have been accused of this serious offense. If you or your loved one was charged with drug trafficking or any other drug-related offense, we are here to help. Contact us at our Atlanta law office for a fully confidential, no-obligation consultation with a top-rated Georgia drug crimes defense lawyer.
This is why you need a skilled Atlanta drug offense attorney to work for you. The Law Office of Ahmad R. Crews is determined to support you when you have been accused of this serious offense.
What to Know About Drug Schedules and Penalties
Have you ever thought about the legal consequences of controlled substances in Georgia? Drug offenses come with serious penalties, and it’s important to know how these substances are categorized. Georgia’s drug laws divide controlled substances into different schedules based on their potential for abuse and medical use. Here is an overview of drug scheduling in Georgia:
Schedule I:
- Examples: Heroin, LSD
- Characteristics: No accepted medical use, high potential for abuse
- Penalties: Long-term imprisonment, hefty fines
Schedule II:
- Examples: Cocaine, Methamphetamine
- Characteristics: High potential for abuse, limited medical use
- Penalties: Severe, but a nuanced defense might help reduce the consequences
Schedule III:
- Examples: Anabolic Steroids
- Characteristics: Less potential for abuse, accepted medical use
- Penalties: Less severe but still significant enough to impact your life
Schedule IV:
- Examples: Xanax, Valium
- Characteristics: Lower potential for abuse, recognized medical value
- Penalties: Lighter than Schedules I and II, but legal guidance is crucial
Schedule V:
- Characteristics: Lowest potential for abuse, recognized medical benefits
- Penalties: Most lenient, but can still include significant fines and possible jail time
The severity of drug charges highlights the need for a tailored defense strategy. Whether you’re facing possession or distribution charges, understanding these schedules and their penalties is the first step in creating an effective legal defense. Our experience with drug-related offenses can provide valuable insight into Georgia’s drug laws.
Georgia Marijuana Laws
In most states, possessing, selling, growing, or trafficking any amount of marijuana is viewed as an illegal act. About half of the country does allow cannabis for medicinal use, but one must have a certified prescription for this. In Georgia, cannabis oil used for medical purposes is allowed, but you cannot grow the plants yourself, and there is no clarity on how this oil is supposed to be obtained when it cannot be grown.
Outside of limited allowances for medicinal purposes, Georgia has very strict laws for possession, selling, or transporting marijuana, and prosecutors will not go easy on you for having even small amounts of the drug on your person. If you have more than a single ounce of marijuana with you or at your property in the state of Georgia, you can face a felony charge resulting in up to 10 years of incarceration.
What Are Prescription Drug Offenses?
It may seem strange to have such strict laws about prescriptions, but Georgia is very harsh to those who disobey the rules about legal amounts of prescription drugs.
Some of the examples of when you cannot legally possess prescription drugs include:
- Having a drug on you that does not come with a prescription, even if this drug is just being temporarily held for a family member or a friend.
- Altering a prescription or forging a signature
- Selling medicinal prescriptions or acting as the buyer on behalf of another person
- When you alter or forge a prescription, or engage in “doctor shopping” to obtain a prescription
Is Selling Drugs a Felony in Georgia?
Selling drugs is a felony in Georgia. Unlawful sale/distribution of any Schedule I or II Controlled Substance is a felony punishable by a term of incarceration of one to 30 years in prison, depending on quantity.
Sale of any Schedule III, IV, or V Controlled Substance is a felony punishable by one to ten years in prison, depending on quantity. So depending on the drug that you are selling and the quantity, you will face harsher penalties.
Unlawful possession of any Schedule I Controlled Substance, Schedule II narcotic, or Schedule II non-narcotic is a felony punishable by a term of incarceration of 2 – 30 years, depending on the quantity.
What are the Penalties for Possession of Prescription Drugs in Georgia?
The penalties for possessing prescription drugs in Georgia vary depending on what type of drug it is.
Possession of any Schedule I or narcotic Schedule II drugs
Punishable with 2-15 years in prison. Subsequent convictions are punishable with up to 30 years in prison.
Possession of non-narcotic Schedule II drugs
Punishable with 2-15 years in prison. Subsequent convictions are punishable with 5-30 years in prison.
Possession of Schedule III, IV, or V drugs
Punishable by 1-5 years in prison. Subsequent convictions are punishable with 1-10 years in prison.
Felony Drug Offenses in Georgia
Because drug laws are so strict in the state of Georgia, having any class of controlled substances on your person or on your property can turn into a felony charge. There is only one exception – if you possess less than an ounce of marijuana, you will be charged at a maximum level of a misdemeanor. Getting a felony conviction is a grave situation, since incarceration can last for over a year, and you will likely have to pay for expensive fines from the court, in addition to costly drug abuse counseling and treatment. It is important to contact our Atlanta drug offense lawyer as soon as possible to keep such a serious conviction from going on your record forever. We handle the full range of felony drug offenses in Atlanta and elsewhere throughout the region in Northern Georgia.
What to Do If You Are Arrested for a Drug Crime
An arrest for a drug trafficking offense is stressful, even overwhelming. You cannot rely on law enforcement or prosecutors to look out for your best interests. A proactive approach is a must. What should you do if you find yourself handcuffed for a drug-related offense? Here are some clear steps to follow if you are arrested and charged with drug trafficking in Georgia:
Immediately after an arrest:
Exercise Your Right to Remain Silent: Politely tell the officers that you wish to remain silent and won’t discuss your case without your attorney present. Anything you say can and will be used against you in court. Remaining silent helps avoid unintentionally giving the prosecution information that can be misconstrued or used to build a case against you.
Do Not Consent to Searches: Do not allow any searches without a warrant. Clearly state that you do not consent. Doing so will help to preserve your ability to challenge any unlawful search later in court. Officers may still proceed, but your objection can be critical to challenging that evidence later on in your criminal case.
Remember Your Right to an Attorney: Ask for a lawyer as soon as possible and do not discuss anything further until your attorney is there. When you invoke your right to a lawyer, all questioning should stop immediately. Even if officers continue asking questions, you are not required to respond. You should wait for your legal counsel.
Preserve Evidence: Evidence is key to raising a successful defense against a drug trafficking offense. If you think your personal items can help prove your innocence or explain the situation, make sure they are preserved. Relevant evidence could include text messages, call logs, medical records, or other documentation.
Securing Legal Assistance:
Contact an Attorney: Quickly getting legal help is crucial. If you need an attorney skilled in defending against drug charges, The Law Office of Ahmad R. Crews, LLC is ready to help you.
Follow All Legal Advice: Let your lawyer guide you through the process and provide the best legal strategy.
Being arrested can be overwhelming, but taking these steps can greatly influence the outcome of your case. Stay calm, protect your rights, and seek the competent legal help you deserve. Remember, having the right legal counsel is essential during these challenging times. Our Atlanta drug defense lawyer will provide proactive representation.
Can you get bail if charged with drug trafficking in Georgia?
Bail is possible, but it is not automatic and depends on the facts of the case and the judge’s discretion. Serious trafficking cases may result in high bond amounts or bail denial due to flight risk.
How Our Atlanta Drug Trafficking Defense Attorney Can Help
Georgia drug crime cases are notoriously complex, often involving multiple legal issues such as the classification of the drug, the amount in possession, and the intent behind the alleged crime. The state’s harsh penalties for drug offenses make it critical to have an experienced drug crime lawyer who understands the intricacies of Georgia’s drug laws.
An experienced attorney can protect your rights from the moment of arrest, ensuring that law enforcement did not violate any legal procedures during the search and seizure. Moreover, they can negotiate with prosecutors to potentially reduce charges or secure alternative sentencing options, such as drug diversion programs. A skilled lawyer will also meticulously build a defense strategy, challenging the evidence against you and aiming for the best possible outcome. In such high-stakes situations, having a seasoned advocate can make a significant difference in the case’s resolution.
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- Murder Defense
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- Theft by receiving stolen property.
Schedule Your Confidential Consultation With an Atlanta Drug Defense Lawyer Today
Navigating the legal system without experienced guidance is a risk you can’t afford to take. Having a skilled Atlanta drug crime lawyer is crucial when facing drug charges.
The Law Office of Ahmad R. Crews, LLC offers more than just legal knowledge; we have years of successful interactions with prosecutors and judges. We understand the procedural details that can make the difference between a conviction and an acquittal. With an average of 17 years of experience, our attorneys have handled cases similar to yours and know the strategies that can lead to favorable outcomes.
In drug-related offenses, where the stakes are high, experienced legal counsel is essential. Every case is unique, but our seasoned lawyers draw from extensive experience to craft a defense tailored specifically for you. We understand the intricacies of drug crime laws and how to fight for the best possible results.
Our courtroom success is a result of dedicated practice and deep legal knowledge. Let us guide you through your legal challenges and work toward a fair and just resolution.
Don’t risk your future. Contact The Law Office of Ahmad R. Crews, LLC today for a consultation and let our legal experience work for you.
Frequently Asked Questions for Drug Trafficking
What is the difference between a state drug charge and a federal drug charge in Georgia?
Drug trafficking is more likely to be prosecuted at the federal level, especially if the case involves large quantities or interstate activity. State trafficking charges, while still serious, generally involve smaller-scale cases under Georgia law. An experienced Atlanta drug crimes lawyer can explain whether your case will remain in state court or shift to federal court. This distinction is crucial because federal penalties are often much harsher.
What is the statute of limitations for drug trafficking charges in Georgia?
In Georgia, most felony drug charges, including trafficking, must be prosecuted within four years, though federal cases may allow much longer timelines. The clock usually starts at the time of the alleged crime. A knowledgeable drug crimes attorney in Atlanta can help determine if the statute of limitations could apply in your situation. Understanding this timeline is vital for building a strong defense strategy.
Can a conviction for a drug crime be expunged or sealed in Atlanta?
Georgia does not allow traditional expungement of drug convictions, but some records may be restricted under limited circumstances. This means access to your criminal history could be limited for certain employers or agencies. A knowledgeable Atlanta drug crimes lawyer can review your record to determine if restrictions or alternative relief are possible. Understanding your options may help you move forward after a conviction.
Will I have to go to trial, or can drug charges be resolved via plea bargain or diversion?
Drug trafficking charges are serious and less likely to qualify for diversion programs compared to minor possession cases. However, plea bargains are still possible depending on the facts and evidence. An experienced Atlanta drug crimes lawyer can negotiate with prosecutors to pursue a reduced charge or lesser penalty. While some trafficking cases go to trial, many are resolved through strategic negotiation.
Can I be charged for possession of drug paraphernalia in addition to the drug itself?
Yes, Georgia law allows prosecutors to charge you for possession of drug paraphernalia separately from the drugs themselves. This could include items like pipes, baggies, or syringes. A skilled Atlanta drug crimes lawyer can challenge these charges, especially if the items had lawful uses. Defending against both drug and paraphernalia charges is important to minimize penalties.
How does search law affect my case if I was driving with drugs in my vehicle?
Drug trafficking cases often begin with traffic stops where large quantities are found in a vehicle. Police must still follow strict constitutional rules during the stop and search. An experienced Atlanta drug crimes lawyer will examine whether officers had probable cause or conducted an unlawful search. If rights were violated, evidence may be excluded, potentially weakening the prosecution’s case.
What are the collateral consequences of a drug conviction?
In addition to prison time, a trafficking conviction can severely limit employment opportunities, housing options, voting rights, and the ability to own firearms. These consequences often outlast the formal sentence. A skilled drug crimes attorney in Atlanta can pursue every available defense to minimize these lasting impacts. Protecting your future is just as important as fighting the immediate charges.
Does Georgia offer drug courts or treatment programs for nonviolent offenders?
Yes, Georgia has drug courts designed to help nonviolent offenders receive treatment instead of incarceration. These programs often involve counseling, monitoring, and regular court check-ins. A skilled Atlanta drug crimes lawyer can determine if you are eligible for such alternatives. Entering a program may allow you to avoid a traditional conviction and jail time.
What is the burden of proof in a drug case?
Prosecutors must prove beyond a reasonable doubt that you knowingly possessed or transported the drugs and that the quantity meets trafficking thresholds. This standard is high, but trafficking cases rely heavily on physical evidence and witness testimony. A skilled drug crimes attorney in Atlanta can highlight weaknesses in the state’s proof to create doubt. Holding prosecutors accountable to this burden is key to your defense.
How long does the criminal process usually take in a drug trafficking case?
Trafficking cases typically take longer than other drug charges because of the large amounts of evidence, lab testing, and possible federal involvement. Some cases may take many months or even years before resolution. A skilled drug crimes attorney in Atlanta can help manage delays and keep the process moving efficiently. The complexity of trafficking cases makes early legal intervention essential.
What defenses are available in drug trafficking cases?
Defenses may include lack of knowledge of the drugs, mistaken identity, entrapment, or errors in proving drug quantity. Because trafficking hinges on possession of large amounts, prosecutors must prove both knowledge and intent. A skilled Atlanta drug crimes lawyer will look for weaknesses in lab testing, chain of custody, or witness credibility. Tailoring a defense to your specific circumstances is critical in high-stakes trafficking cases.
What is the appeals process if I’m convicted of drug trafficking?
If convicted of trafficking, you may have grounds to appeal based on trial errors, improper jury instructions, or constitutional violations. The process must be started quickly, as strict deadlines apply. A knowledgeable drug crimes attorney in Atlanta can evaluate whether an appeal could reduce your sentence or overturn your conviction. Appeals are often the last chance to correct serious mistakes in a case.
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