How to Defend Against Drug Possession Charges in Georgia
Facing drug possession charges in Georgia is a serious matter that can carry lasting consequences. Even a first-time offense can lead to criminal penalties, a permanent record, and difficulties securing employment or housing. However, being charged does not mean a conviction is inevitable. There are several legal defenses that may help reduce or dismiss the charges against you. Understanding Georgia drug possession laws and your rights is essential in building a strong defense.
Understanding Georgia’s Drug Possession Laws
Under O.C.G.A. § 16-13-30, Georgia law makes it illegal to possess, distribute, or manufacture controlled substances. The severity of the charge depends on the type and amount of the drug. Possession is typically classified into two categories:
- Simple Possession – When a person is caught with a small amount of a controlled substance intended for personal use.
- Possession With Intent To Distribute – If law enforcement believes there is an intent to sell or distribute, the penalties are significantly harsher.
Georgia law divides drugs into schedules, with Schedule I and II drugs, such as heroin, LSD, and cocaine, carrying the most severe penalties. Lesser charges may apply to Schedule III, IV, and V drugs, including prescription medications that are unlawfully obtained or possessed.
Common Defenses Against Drug Possession Charges
There are several defense strategies that may be effective in fighting a drug possession charge. The best approach depends on the facts of the case, including how law enforcement obtained the evidence and whether your rights were violated.
Challenging Illegal Searches And Seizures
The Fourth Amendment protects against unlawful searches and seizures. If law enforcement conducted an illegal stop or search without probable cause, any evidence obtained may be inadmissible in court. Some common search violations include:
- Searching your car without consent or probable cause
- Entering your home without a valid warrant
- Conducting a search based on unreliable information
If the drugs were obtained illegally, the charges may be dismissed.
Lack Of Possession
Possession can be actual or constructive. Actual possession means the drugs were physically found on you, while constructive possession means they were found in a place under your control, such as your car or home. If multiple people were present, the prosecution must prove that you knowingly had control over the drugs. If they cannot, the charges may not hold.
Lack Of Knowledge Or Intent
The prosecution must prove that you knowingly possessed an illegal substance. If you were unaware that drugs were in your car, home, or belongings, this could be a valid defense. For example, if a friend left drugs in your vehicle without your knowledge, proving lack of intent may help in your defense.
Testing The Substance In Question
Laboratory testing is required to confirm that the substance seized is actually an illegal drug. False positives can occur, and if the prosecution fails to present lab results proving the drug’s identity and weight, the case may be challenged.
Chain Of Custody Issues
Prosecutors must establish an unbroken chain of custody for the evidence. If the drugs were mishandled, misplaced, or improperly documented, this could raise reasonable doubt regarding their authenticity.
Entrapment
If law enforcement induced or pressured you into possessing drugs that you otherwise would not have had, an entrapment defense may be used. This is especially relevant if an undercover officer or informant coerced you into committing a crime.
Diversion Programs And Alternative Sentencing
For first-time offenders, Georgia offers pre-trial diversion programs and conditional discharge options under O.C.G.A. § 16-13-2. These programs allow defendants to complete probation, treatment, or community service in exchange for the dismissal of charges.
Consequences Of A Drug Possession Conviction
If convicted, penalties vary based on the type and quantity of the drug. Potential consequences include:
- Misdemeanor Possession: Up to 12 months in jail and fines of up to $1,000
- Felony Possession: 1 to 15 years in prison, depending on the drug type and amount
- Driver’s License Suspension: A conviction can result in a six-month suspension for a first offense, with longer suspensions for subsequent offenses
- Permanent Criminal Record: A conviction may impact employment, housing, and educational opportunities
Why Legal Representation Is Critical
Defending against drug possession charges requires an in-depth understanding of Georgia law and the ability to challenge the prosecution’s evidence. An experienced attorney can evaluate the details of your case, identify weaknesses in the prosecution’s argument, and advocate for your rights in court.
Frequently Asked Questions About Drug Possession In Georgia
What Should I Do If I’m Arrested For Drug Possession?
Remain calm and do not resist arrest. Do not answer any questions without an attorney present. Politely invoke your right to remain silent and request legal representation immediately.
Can I Be Charged With Drug Possession If The Drugs Weren’t Mine?
Yes, if law enforcement finds drugs in a location that you control, such as your car or home, you may still be charged under constructive possession laws. However, the prosecution must prove that you knew about the drugs and had control over them.
What Happens If I Refuse A Police Search?
You have the right to refuse a search if the police do not have a warrant or probable cause. If officers conduct a search without a warrant or valid legal justification, any evidence obtained may be challenged in court.
Will A Drug Possession Conviction Stay On My Record Permanently?
Yes, a conviction can remain on your record indefinitely unless you are eligible for expungement or a conditional discharge. First-time offenders may qualify for programs that allow charges to be dismissed after completing probation.
How Can A Lawyer Help With My Drug Possession Case?
A lawyer can examine the facts of your case, identify legal defenses, challenge unlawful police conduct, and negotiate for reduced charges or alternative sentencing options. They can also represent you in court and work to minimize the impact of the charges on your future.
What Is Georgia’s First-Time Offender Program?
Under O.C.G.A. § 16-13-2, first-time drug offenders may be eligible for a conditional discharge, which allows them to complete probation or treatment instead of serving jail time. Upon successful completion, the charges can be dismissed, keeping a conviction off their record.
Can I Get My License Reinstated After A Drug Possession Conviction?
Yes, but you may have to complete a drug treatment program or fulfill other conditions imposed by the Georgia Department of Driver Services before your driving privileges can be restored.
What If The Drugs Were Found During A Traffic Stop?
If drugs were discovered during a traffic stop, your attorney will examine whether law enforcement had legal grounds for the stop, whether the search was lawful, and whether your rights were violated in any way. If constitutional violations occur, the charges may be dismissed.
Are Prescription Drugs Treated The Same As Illegal Substances?
Possessing prescription medication without a valid prescription can lead to criminal charges. Georgia law treats certain prescription medications, such as opioids and benzodiazepines, as controlled substances.
How Long Does A Drug Possession Case Take To Resolve?
The timeline varies depending on the complexity of the case, court schedules, and plea negotiations. Some cases may be resolved within a few months, while others may take longer if they go to trial.
Contact The Mazloom Law Firm, LLC For A Powerful Defense
If you are facing drug possession charges in Georgia, securing an experienced legal team is your best defense. At The Mazloom Law Firm, LLC, we fight for our clients’ rights and work to achieve the best possible outcome.
To receive a free consultation, call our Marietta drug possession lawyer at The Mazloom Law Firm, LLC, by calling 770-590-9837. We have offices in Marietta and Atlanta and serve clients throughout Cherokee, Clayton, Cobb, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, and Rockdale counties. Let us help protect your future.
