Georgia drug possession charges carry significant penalties including prison and civil asset forfeiture. The range of punishment you face primarily depends on the type of drug you were alleged to possess, and the amount of that drug. There are other factors that will also guide the court in determining the range of punishment if you are found, or plead guilty. Contact Georgia drug possession attorney Matt Hube right now for a confidential case evaluation.
Georgia drug possession charges are broken down into five categories. These categories are based on the Federal Drug Schedules, and are Labeled Schedule I through Schedule V. Possession of under one ounce of marijuana is the only misdemeanor drug charge in Georgia. All other Georgia drug possession charges are felonies that may land you in prison if you are convicted.
You do not have to have the drug on your person to be found guilty of drug possession in Georgia. The drugs may be located in any item or place that you control, such as a home, backpack, vehicle, or locker. The general rule of law requires that a police officer either have your consent, have a warrant, or have reasonable, articulable probable cause before searching you or your property. The officer may, however, perform a pat down of your person in many situations. If during this pat down the officer feels something that he immediately recognizes as drugs, he is generally allowed to perform a limited search of the area where he believes he felt the drugs. If drugs are present, you will be arrested, and the officer has much broader latitude to perform a more intrusive search of your person and most belongings.
If a police officer has a warrant to search you or your property you should submit to the search. Resisting a search based on a warrant will likely lead to additional charges filed against you. It is better to permit the search and challenge the validity of the search warrant later in court, than to resist and face additional charges.
We begin all Georgia drug possession defenses by thoroughly interviewing you and understanding what happened from your point of view. The police reports generally only provide the basic information that prosecutor use to charge you with a drug possession charge in court. Of course, this is only one side of the story, and often not even the whole side of that story. Whether a search was consensual, or otherwise legally permitted, often depends on a combination of facts that when gathered together tell a more complete version of what happened when you were arrested.
After we have your side of the story, and we have reviewed all of the available police reports and other evidence we can begin a full analysis of what transpired and critically evaluate the legality of the police procedures. We will also begin searching for additional witnesses, evidence and other information that can be used to disprove your guilt beyond a reasonable doubt. We are not required to prove your innocence, but the State is required to prove your guilt beyond a reasonable doubt. Each witness and piece of evidence we can use to disprove their theory of the case helps us beat their burden of proof.
If you have been arrested for a Georgia drug possession charge, contact us right now. You need a Georgia drug possession attorney who understands how the police gather evidence in these cases, and how the State presents these cases. By using pre-trial motions, in-depth case analysis, and independent investigation we can build a defense that best suits the facts and law of your case. Contact us right now for a confidential case evaluation.