When you are pulled over by the police, you may assume that the worst that will happen is that you will get a speeding ticket before going on your way. However, if your vehicle is searched and the police find drugs in your car, you can face serious consequences. Unfortunately, many are unaware they can fight drug charges stemming from a traffic stop. If this reflects your circumstances, you’ll want to keep reading to learn more about this offense and why it’s in your best interest to connect with a Cobb County drug possession lawyer who can help fight the charges against you.
What Drug Charges Can I Face in Georgia?
When you are pulled over in Georgia and the police find drugs in your vehicle, it’s important to understand that the most common charge to stem from this is drug possession. The consequences of this charge will depend heavily on the kind of drug and amount of substance in your possession.
For example, you’ll find that even being discovered with one ounce of marijuana is a misdemeanor charge that warrants up to a year in jail. However, if you are found with just two grams of heroin, this is a felony offense carrying up to three years in prison.
However, depending on the amount of the drug in your possession, you could potentially face a drug trafficking or possession with intent to sale charge, which can carry harsher penalties.
What Defenses Can I Utilize?
If you are pulled over and the police discover drugs in your vehicle, it’s important to understand that you may be able to fight the charges you’re facing as a result.
One of the most effective defenses that could be applicable to your circumstances is to prove your rights were violated. Under the Fifth Amendment of the Constitution, you are protected from unreasonable searches and seizures. As such, the police must have probable cause to initiate a traffic stop and follow the appropriate channels to search your vehicle. For example, if you do not consent to a search and the police do not have a warrant, they cannot search your vehicle in most circumstances. As such, you may be able to prove that this was unreasonable, and as such, the evidence collected during this search may be deemed inadmissible in court.
Another potential defense you may be able to utilize is to prove the drugs were not yours and that you were unaware of their presence. For example, if you rent a vehicle or borrow your friend’s car, the drugs may be inside of the car without your knowledge. If you can prove this, you may be able to avoid charges.
When you’re facing drug charges as the result of a traffic stop in Georgia, trying to fight the charges on your own is never recommended. Doing so can have unfavorable outcomes. As such, it’s in your best interest to connect with an experienced criminal defense attorney from the Miller Law Practice. We understand how overwhelming these charges can be, which is why we are proud to help you navigate the legal system while working to fight for the best possible outcome for your needs. Connect with us today to learn how we can guide you through these matters.