Defending Against Prescription Drug Possession Charges In Marietta
If you have been charged with prescription drug possession in Marietta, Georgia, you may be facing serious consequences. Prescription drugs, while legal when prescribed by a doctor, can lead to criminal charges if you are found in possession without a valid prescription. Understanding the legal issues surrounding prescription drug possession is crucial in order to build an effective defense. Let’s now take a closer look at what prescription drug possession means under Georgia law, the potential penalties, and how an experienced Marietta drug crime defense attorney can help you defend against these charges.
What Is Prescription Drug Possession In Georgia?
In Georgia, possession of prescription drugs is a criminal offense if the drugs are in your possession without a valid prescription from a licensed medical professional. According to Georgia Code § 16-13-30, it is illegal to possess controlled substances unless they are prescribed to you. This applies to many commonly abused drugs, such as opioids, benzodiazepines, and other medications that may be prescribed for pain or anxiety.
Penalties For Prescription Drug Possession In Marietta
The penalties for prescription drug possession in Georgia can be severe, depending on the specific circumstances of your case. The possession of prescription drugs is generally classified as a felony under Georgia law, especially if the drugs are classified as Schedule I or II substances. These are drugs that have a high potential for abuse and no accepted medical use or have limited medical use.
- Schedule I drugs include substances such as heroin and LSD.
- Schedule II drugs include opioids like oxycodone and morphine, which are commonly prescribed for pain.
If you are convicted of possessing prescription drugs without a prescription, you could face penalties such as:
- Fines up to $5,000.
- Jail or prison time ranges from one year to 15 years, depending on the drug and the quantity.
- Probation and mandatory drug counseling.
- Permanent criminal record, which could affect employment opportunities and other aspects of life.
Georgia law takes prescription drug possession seriously, and law enforcement is vigilant about catching offenders. However, just because you are facing charges doesn’t mean a conviction is inevitable.
Possible Defenses Against Prescription Drug Possession Charges
There are several potential defenses that could help you avoid conviction or reduce the charges against you. Some common defenses in prescription drug possession cases include:
- Lack of Knowledge – In some cases, you might not have known that the drugs were in your possession. For instance, if someone else placed the drugs in your bag or vehicle without your knowledge, you may have a defense based on a lack of intent or awareness.
- Improper Search and Seizure – The Fourth Amendment protects you from unreasonable searches and seizures. If law enforcement officers did not have a valid reason to stop you or conduct a search, or if they exceeded the scope of their authority during the search, the evidence they obtained may be inadmissible in court.
- Prescription Drugs Belong to Another Person – If the drugs in question were prescribed to someone else, you might be able to claim that you were unaware that possessing those drugs was illegal. However, this defense can be difficult to prove, so it’s important to consult with a legal professional.
- Prescription Fraud or Misrepresentation – In some cases, a person may be accused of possessing drugs based on fraudulent or misrepresented prescriptions. This could be part of a broader defense strategy if you were charged with multiple offenses, such as obtaining drugs by fraud.
The Importance Of Legal Representation In Prescription Drug Cases
If you have been charged with prescription drug possession in Marietta, it’s important to seek legal representation from an experienced attorney. Prescription drug possession charges carry serious consequences, and a skilled defense attorney can help you explore all potential defenses.
A defense lawyer will evaluate the specifics of your case, including the circumstances of your arrest, the legality of the search and seizure, and the strength of the prosecution’s evidence. With the right defense strategy, it’s possible to reduce or even dismiss the charges.
Georgia Drug Possession Charge FAQs
What Are The Consequences Of A Prescription Drug Possession Charge In Georgia?
If you are found guilty of possessing prescription drugs without a valid prescription in Georgia, you could face serious legal consequences. Penalties can include up to 15 years in prison, heavy fines, and a permanent criminal record. The severity of the punishment depends on the drug in question, the amount in your possession, and whether you have a prior criminal history.
Can I Be Charged With Prescription Drug Possession If I Have A Prescription But Not With Me?
Yes, you can still be charged with prescription drug possession even if you have a prescription, but it is not in your possession at the time. Georgia law requires that the drugs be in your immediate control and that you have a valid prescription. If you are unable to prove that you have a valid prescription for the drugs you are carrying, you could be arrested and charged.
What Should I Do If I Am Arrested For Prescription Drug Possession In Marietta?
If you are arrested for prescription drug possession, it is important to remain calm and assert your right to remain silent. Do not answer any questions without first speaking to an attorney. An experienced criminal defense lawyer can help you understand the charges against you and guide you through the legal process.
Can A Prescription Drug Possession Charge Be Expunged In Georgia?
In Georgia, a conviction for prescription drug possession may be eligible for expungement under certain circumstances, particularly if the offense was a misdemeanor and you completed all terms of your sentence. However, felony convictions are generally not eligible for expungement. It’s important to speak with an attorney to understand your options based on your case.
How Can An Attorney Help In My Prescription Drug Possession Case?
An experienced attorney can help by examining the details of your case, challenging the evidence against you, and identifying any legal defenses. For example, if the drugs were not properly obtained, your lawyer could argue that the search or arrest was unlawful. Your attorney will also negotiate on your behalf to seek the best possible outcome, whether it’s a reduced charge or a dismissal.
Call Our Marietta Drug Possession Defense Lawyer For Your Free Consultation
If you are facing prescription drug possession charges in Marietta or the surrounding areas, The Mazloom Law Firm, LLC is here to help. We have experience defending individuals against drug possession charges and can provide you with the legal guidance you need.
Contact the Marietta drug possession defense lawyer at The Mazloom Law Firm, LLC, by calling 770-590-9837 to receive your free consultation. Don’t wait until it’s too late—call us today to schedule a consultation. Our offices are conveniently located in Marietta, Atlanta, and serve clients across Cherokee, Clayton, Cobb, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, and Rockdale counties. Let us help you protect your future.
