Facing a Felony Drug Possession Charge

If you have been arrested for drug possession in Georgia, it is important to remember that you still have rights, and you should immediately contact an attorney to ensure that your rights are protected.

Challenging felony drug possession in Fulton County

In Georgia, the law differentiates criminal consequences of drug possession based on the type and amount of the drug involved. Generally, individuals who possess small amounts of drugs for personal use will face less severe penalties than those who possess large amounts of drugs with the intent to sell or distribute.

Additionally, individuals who possess Schedule I drugs, such as heroin and LSD, will face more severe penalties than those who possess Schedule II drugs, such as cocaine and methamphetamine. Individuals who possess small amounts of drugs for personal use may face misdemeanor charges, and may be required to pay a fine or serve a short jail sentence. Individuals who possess large amounts of drugs with the intent to sell or distribute may face felony charges and may be required to serve a longer jail sentence or face other serious penalties.

The law in Georgia also differentiates criminal consequences based on whether the individual has any prior convictions for drug possession or other drug-related offenses. Individuals with prior convictions may face more severe penalties, such as longer jail sentences or higher fines. Additionally, individuals with prior convictions may be required to attend drug treatment or rehabilitation programs.

Overall, the law in Georgia differentiates criminal consequences of drug possession based on the type and amount of the drug involved, as well as whether the individual has any prior convictions for drug possession or other drug-related offenses. Generally, individuals who possess small amounts of drugs for personal use will face less severe penalties than those who possess large amounts of drugs with the intent to sell or distribute. Additionally, individuals with prior convictions may face more severe penalties.

Search Scenarios

A crucial aspect of evaluating the quality of the government’s drug possession case is a close analysis of the search the police conducted prior to discovering drugs, as many drug charges are dismissed as the result of an unlawful search or seizure. Often drug possession charges start with a basic traffic stop; the driver is pulled over for something as common as failure to obey a traffic control device. The officer makes contact with the driver and over the course of the traffic investigation, the officer usually will either (1) detect the odor of marijuana – or some other illegal substance; or (2) request and/or demand permission to search the car. In some instances, the police will conduct an unlawful search by coercing an individual to give “voluntary” consent to search; sometimes they will simply search without consent at all. There are also reasons to question the reliability of K-9 drug dog searches. Only a close study of what occurred prior to, during and after the search will expose potential weaknesses of the case.

Forensic Analysis

Attacking the validity of the search is not the only method available for beating a drug possession charge. Many people overlook opportunities to challenge the forensic analysis of the drug itself. Drug analysis is not a perfect science, however, since it is a science, many people, including attorneys are easily intimidated by the science involved, and they ignore viable challenges to possibly flawed evidence.

Quantity Matters in Drug Charges

The amount of drugs that you have along with how they are contained will also affect the type of drug charge and possible consequences. For instance, if you are searched and the police discover a number of different bags of marijuana in your possession, you may be charged with intent to distribute (i.e., they think you intended to sell marijuana). This is a much more serious drug charge than mere possession.

For example, a young woman was charged with intent to distribute marijuana in a nearby county despite the fact that all the marijuana she had was intended for personal consumption. She simply had a variety of different types of marijuana that she had separated into different containers. When she was pulled over and the police searched her car, they assumed she intended to sell the marijuana. She was booked for intent to distribute, a very high bond amount was set, and the prosecutor offered her 12 months to serve in jail and 10 years on probation. Even more problematic was that her passenger, who had no knowledge of the marijuana, was also charged with the same crime!

Find Fulton County Superior Court

The Fulton County Superior Court is located at 136 Pryor Street SW, Atlanta, GA 30303. It can also be accessed online by visiting fultonsuperiorcourt.org.

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Criminal defense for felony drug possession

The prosecutor is not going to assume responsibility for identifying weaknesses in their own case. Often, they will not investigate evidence of their case unless and until you hire a qualified drug attorney; since most prosecutors are responsible for hundreds of cases, if you go to court without a lawyer, there is tacit assumption that your case will result in an easy conviction.

If you are facing a felony drug possession charge, Attorney Erin Gerstenzang can help you understand the consequences you may be facing, and what you can do to avoid harsh penalties. With offices located in Atlanta, Erin frequently attends court not only in the local metro-Atlanta area (Fulton County), but also in many surrounding counties, including regular appearances in Cherokee, Cobb, Gwinnett, DeKalb, and Paulding counties, and has successfully handled a wide variety of drug charges in all areas.

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