Did you know that in Georgia, the penalties for possession of a controlled substance will vary based on a number of different facts? Unfortunately, many assume that all charges are equal, which is far from the truth. If you are facing a criminal offense for drug possession, understand the penalties you can face and the rights in place to protect you as a criminal defendant. If this represents your circumstances, you’ll want to keep reading to learn how a Cobb County drug possession lawyer can help fight for you during these challenging times.
What Are the Penalties for a Drug Possession Charge in Georgia?
In Georgia, the penalties you can face for a drug possession charge will depend heavily on the type of substance and the amount in your possession. Like most states, Georgia has a classification system for substances to indicate their severity. Schedule I substances are the most severe, as they pose the highest likelihood for abuse and have no current accepted medical use in the United States, while Schedule V substances have the lowest likelihood for abuse and dependency and have a wide range of accepted medical uses.
Typically, in Georgia, if you are found in possession of any controlled substance, you will face a felony offense. As mentioned, the penalties will depend on the schedule and amount of the drug in your possession. If found with a Schedule I or II substance, you will face between two and fifteen years in prison, while a Schedule III, IV, or V substance warrants between one and five years behind bars.
What Can I Do if I’m Arrested for This Offense?
If you are placed under arrest for possession of a controlled substance in Georgia, it’s imperative to understand that as a criminal defendant, you have many rights during this time. Generally, one of the most important rights you should familiarize yourself with is the right to remain silent. When you are questioned by the police, you legally only have to provide your name, date of birth, and address. You should invoke your Fifth Amendment right to silence, which will help prevent you from incriminating yourself. You should not speak to the police until you have consulted with an attorney.
Another important right to keep in mind is your right to protection from unreasonable searches and seizures. If the police want to enter your home or search your car because they believe you are in possession of controlled substances, they must have probable cause, a search warrant, or your consent. They cannot simply search your car or home because they want to. If they do not take the proper steps to ensure the search is legal, it can impact their case against you in court.
As you can see, these matters can be incredibly complicated to navigate, which is why it’s imperative to connect with an experienced attorney as soon as possible. At the Miller Law Practice, LLC, we understand how difficult these matters can be. That is why our dedicated team of attorneys will do everything possible to assist you through these complex matters. When you need legal help, don’t hesitate to contact us today.