Defending Against Possession With Intent To Distribute Charges In Georgia
As a criminal defense attorney serving Marietta and clients across Georgia, I’ve seen firsthand how quickly a possession with intent to distribute charge can change someone’s life. Georgia takes drug-related offenses extremely seriously. A simple possession case can escalate into a felony when law enforcement believes you intended to sell, deliver, or distribute drugs. These charges carry harsh penalties, including long prison sentences, loss of rights, and permanent damage to your record. At The Mazloom Law Firm, LLC, we work tirelessly to protect the accused and ensure that prosecutors meet every burden required under Georgia law.
Under O.C.G.A. § 16-13-30(b), it is unlawful for any person to manufacture, deliver, distribute, dispense, administer, sell, or possess with intent to distribute a controlled substance. The penalties depend on the type and quantity of the drug involved, but all are serious felonies. Even possession of a small amount of cocaine, methamphetamine, or a Schedule I or II drug with the intent to distribute can lead to years in prison and thousands of dollars in fines. Because of what’s at stake, it’s critical to understand how these cases are built—and how they can be defended.
How Prosecutors Build A Possession With Intent Case
To secure a conviction for possession with intent to distribute, the prosecution must prove several elements beyond a reasonable doubt. These include:
- Possession – The accused had actual or constructive possession of the controlled substance.
- Knowledge – The accused knew the substance was illegal.
- Intent – The accused intended to sell, distribute, or otherwise deliver the drug.
Intent is often the most contested element. Prosecutors rarely have direct evidence that a person planned to sell drugs. Instead, they rely on circumstantial factors, such as the amount of drugs found, the presence of packaging materials, scales, cash, weapons, or text messages suggesting transactions. For instance, if someone is caught with multiple small baggies or large amounts of cash, the state might argue that those facts show intent to distribute. But these inferences are not always accurate or fair, and that’s where the defense begins its work.
Common Defenses To Possession With Intent To Distribute Charges
Every case is different, but certain defense strategies commonly arise in these cases:
Illegal Search And Seizure
One of the strongest defenses involves challenging how the drugs were found. Under the Fourth Amendment and O.C.G.A. § 17-5-30, any evidence obtained through an illegal search or without probable cause may be suppressed. If law enforcement lacked a valid warrant, exceeded the scope of a search, or stopped you without justification, your attorney can seek to exclude that evidence from trial. Without the drugs as evidence, the state’s case may collapse.
Lack Of Intent
The state must prove intent to distribute. Possession alone—even of a larger amount—does not automatically mean intent. For example, the drugs might have been for personal use, or the amount might not be as significant as the state claims. A defense attorney can present evidence showing the absence of distribution intent or that another person was responsible for the drugs.
Lack Of Knowledge Or Control
In some cases, a defendant may not have known that drugs were in a vehicle, home, or bag under their control. Georgia law distinguishes between actual possession (having drugs on your person) and constructive possession (having control over a place where drugs are found). If multiple people had access to the area, it can be difficult for the prosecution to prove who actually possessed the drugs.
Improper Handling Of Evidence
Chain-of-custody issues, contamination, or testing errors can undermine the prosecution’s case. Laboratory analysis must confirm that the substance is an illegal drug. If testing procedures are flawed or the evidence was mishandled, those findings can be challenged in court.
Potential Penalties For Possession With Intent To Distribute In Georgia
The penalties vary depending on the type and quantity of the controlled substance. Under O.C.G.A. § 16-13-30(d):
- Possession with intent to distribute a Schedule I or II controlled substance (such as heroin, methamphetamine, or cocaine) carries 5 to 30 years in prison for a first offense and up to 40 years or life for a second or subsequent offense.
- Possession with intent to distribute a Schedule III, IV, or V substance can result in 1 to 10 years in prison.
- Cases involving marijuana are handled separately under O.C.G.A. § 16-13-30(j), but large amounts can still result in felony charges with significant prison time and fines.
Additionally, a conviction can lead to a permanent criminal record, probation, the forfeiture of assets, and the loss of certain civil rights, such as the right to vote or to possess firearms.
Why An Experienced Defense Attorney Matters
Drug cases involving intent to distribute are complex. Police may exaggerate what they find, and prosecutors often push for the maximum sentence. As a defense attorney, my job is to question every step of the state’s case—how the search occurred, how evidence was handled, and whether the law was applied properly. At The Mazloom Law Firm, LLC, we work closely with investigators, forensic specialists, and clients to uncover every possible defense. Our goal is to protect your rights, challenge weak evidence, and, when possible, get charges reduced or dismissed.
We understand that people from all walks of life face these accusations, such as students, professionals, and parents, and each deserves an aggressive, thoughtful, and strategic defense. We represent defendants in Marietta, Atlanta, and throughout Cherokee, Clayton, Cobb, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, and Rockdale Counties, as well as in courts across Georgia.
FAQs About Possession With Intent To Distribute Charges In Georgia
What Does “Intent To Distribute” Mean Under Georgia Law?
“Intent to distribute” refers to the intention to sell, deliver, or share a controlled substance with others. Prosecutors look at surrounding evidence, such as quantity, packaging, and communications, to argue that distribution—not personal use—was the goal.
Can I Be Charged With Intent To Distribute Without Actually Selling Drugs?
Yes. Georgia law does not require proof of a sale. If the prosecution can show circumstances indicating an intent to distribute, such as possession of multiple baggies, scales, or large cash amounts, you may still face felony charges.
What Happens If The Police Searched My Vehicle Without A Warrant?
If law enforcement searched your vehicle without probable cause or a valid warrant, that may violate your constitutional rights. A defense attorney can file a motion to suppress evidence obtained illegally. If granted, that evidence may be excluded from trial.
Can A Possession With Intent To Distribute Charge Be Reduced To Simple Possession?
Yes, in some cases. If the evidence of intent is weak or circumstantial, a skilled defense attorney can negotiate with prosecutors to have the charge reduced to simple possession, which carries lower penalties and less stigma.
What Are The Penalties For A First-Time Offender?
A first conviction for possession with intent to distribute a Schedule I or II controlled substance can result in 5 to 30 years in prison. However, depending on the facts, an attorney may seek alternatives such as probation, diversion programs, or reduced sentencing.
Will I Lose My Driver’s License After A Drug Conviction?
Under Georgia law, a drug-related conviction can result in driver’s license suspension for up to six months or more, even if the offense did not involve driving. Your attorney can help you pursue reinstatement after the suspension period.
Can A Prior Record Affect My Sentence?
Absolutely. Repeat offenses lead to longer sentences and fewer opportunities for probation. The court may impose mandatory minimum prison time for second or subsequent convictions involving Schedule I or II drugs.
Is It Possible To Have My Record Expunged After A Drug Conviction?
Georgia allows for record restriction in limited circumstances, but felony drug convictions often cannot be expunged. However, if your case was dismissed or you were acquitted, you may be eligible for record restriction under O.C.G.A. § 35-3-37.
How Can An Attorney Help Me Avoid Prison Time?
An experienced attorney can challenge evidence, negotiate for lesser charges, or advocate for alternative sentencing such as treatment programs or probation. The earlier you obtain legal representation, the more options you have for a positive outcome.
Are Drug Sentences The Same Across All Georgia Counties?
While sentencing laws are statewide, how prosecutors and judges handle these cases can differ from one county to another. Having an attorney familiar with courts in Marietta, Atlanta, and the surrounding areas gives you an advantage in building the best possible defense.
Call The Mazloom Law Firm, LLC Today
If you’re facing a possession with intent to distribute charge in Georgia, don’t wait to protect your rights. At The Mazloom Law Firm, LLC, we represent defendants in Marietta, Atlanta, and throughout Cherokee, Clayton, Cobb, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, and Rockdale Counties, as well as across the entire State of Georgia. We have the experience and determination to challenge the state’s evidence and fight for the best possible outcome in your case.
To receive a free consultation, call our Marietta criminal defense lawyer at The Mazloom Law Firm, LLC, by calling 770-590-9837. Let’s discuss your defense strategy with a Marietta criminal defense attorney at The Mazloom Law Firm, LLC. Your freedom and your future are worth protecting.
