Drug offenses are not a matter that should be taken lightly, as these can have serious consequences, not only in the form of jail time, but also on your ability to live a normal life. These charges will follow you for the rest of your life, impacting your ability to exercise your right to bear arms, obtain employment, or even vote. As such, you may wonder if there are any defenses you can utilize when facing drug possession charges. The following blog explores what you should know about these circumstances, including the importance of discussing your options with a Cobb County drug possession lawyer to represent you during these difficult times.
What Penalties Can I Face for Drug Possession in Georgia?
Drug possession charges can vary based on a number of factors, including the amount of a substance in your possession, the type of drug, and whether or not there are any aggravating elements that could increase the severity of the charges against you.
For example, if you are charged with possession of Schedule I or II controlled substances, you can face between two and twenty years in jail, as this is a felony offense. Typically, possession of schedule III through V drugs is a felony, but carries between one and five years in jail. However, if you are found in possession of less than one ounce of marijuana, this is a misdemeanor offense carrying up to one year in jail.
It’s important to understand that you can also be charged with possession with intent to distribute. This is warranted when you are found in possession of a large amount of substances that exceed what constitutes personal use. In addition, if you have paraphernalia that shows you intended to distribute the substances, like plastic baggies, scales, and a burner phone, you can be charged with this offense
Are There Any Defenses I Can Use?
While defending yourself against drug charges may not seem possible, working with an experienced attorney can help you determine the best option for your circumstances. In general, you’ll find that one of the most common defenses those charged with this crime rely on is that the drugs weren’t theirs. However, in Georgia and most other states, all the prosecution needs to show is that you had constructive possession of the drug. As such, if you are at a friend’s home and the substance is found in a drawer, you can face charges because it was easily accessible and you could’ve assumed control of the drugs at any point. However, your attorney may be able to demonstrate that you had no idea that the drugs were there, thus casting reasonable doubt on the prosecution’s claims.
Another common defense is constitutional violations. For the police to search your property or person, they must have a warrant, reasonable suspicion, or probable cause to search. If they do not have any of those three elements but conduct a search anyway, it can be deemed unconstitutional. As such, your attorney can fight to have the illegally obtained evidence barred from admission.
Facing criminal charges can be incredibly overwhelming, which is why it’s imperative to connect with an experienced attorney at Miller Law Practice, LLC as soon as possible to explore your legal options. Our firm will examine all possible avenues to help you fight for the best possible outcome for your circumstances. Contact us today to learn how we can fight for you.
