Stat. Many defenses can exist in conspiracy drug cases. Having a clean record when you pick up a drug charge can help. In Georgia, there are two types of possession, actual or constructive. For example, four people are riding in a car with 5 pounds of marijuana in a bag in the backseat, the police might arrest all four people with simple possession or even possession with intent unless someone speaks up and says it is his only and that the other passengers didnt own or control the drugs. Hiring a Drug Crimes Lawyer in GA: Atlanta Drug Trafficking, Drug Crime Lawyer: Hiring the Best Drug Attorney in Atlanta. The prosecutor would attempt to use as evidence any guns, scales, cash, baggies, packaging, witnesses to prove possession with intent to supply. Very attentive, made me feel comfortable and at ease!! Get free summaries of new opinions delivered to your inbox! Even for smaller quantities, minimum prison sentences are often set at 10 years or more. Simple possession of drugs is a the intentional and knowingly possession of drugs without a valid prescription. To be charged with possession of marijuana police dont actually have to find it on you (for instance, in your pockets or purse). Possession with intent to distribute jail time varies based on the schedule of drug and the quantity of the drug alleged to have possessed. If the person only possesses cash but not drugs and then meets up with a drug dealer, there can be no arrest of the buyer until he buys the drugs and possesses the drugs. Hashish and other marijuana concentrates are illegal in Alabama. Generally, Georgia penalizes this crime with a prison sentence between one and fifteen years, depending upon the quantity and the type of drug. So, if the range is cut in half, that minimizes potential jail time for the defendant. There are two major drug possession types: constructive and actual. However, for there are mandatory minimum sentences for possession with intent to distribute. 16-13-30) . In this article we will cover possession with intent to distribute charges for the following types of drugs. Also, the prosecution would also have to present evidence that the defendant intended to sell or distribute the drugs. If you are facing any type of drug charges in Georgia, we can help. Click. Primarily ______ states have several courts of appeal. Additionally, a person can be charged with either possession or intent to distribute even if the controlled substances were not found on their person. PWID Schedule V drugs is a misdemeanor that can carry as much as one year for a first offense, and the sentence is doubled for second or subsequent offenses. Possession of a weapon during a violent crime The passenger, Alexis Christine Patelis, 38, of Bethlehem, Georgia, was charged with possession with intent to distribute a Schedule I drug, or . We serve clients throughout Georgia, including, but not limited to, those in the following localities: Fulton County including Alpharetta, Atlanta, East Point, Johns Creek, Milton, Roswell, Sandy Springs, and South Fulton. I have and will continue to recommend him as the man to go to for legal counsel. MDMA (Methylenedioxymethamphetamine, ecstasy, or Molly) is a Schedule I drug like heroin or fentanyl, but the penalties are not as severe because it is a non-narcotic Schedule I drug. The possession of any amount of the drug is charged as a felony and can result in up to 15 years in prison for the first offense. On the other hand, police will sometimes charge a person with PWID even though the drugs weigh less than the threshold amount if there is other evidence of an intent to distribute. Northwest Georgia Publications. This includes factors such as evidence of a drug related transaction and items for distribution like weighing scales, baggies, and possession of multiple drugs. DISCLAIMER: The information on this website is not formal legal advice nor does it create an attorney-client relationship. For first-time offenders, the defendant's driver's license will be suspended for up to six months. 1000 kilogram or more of marijuana (or 1,000 or more plants) Depending on your case, your lawyer may be able to have your charge reduced or even dismissed. For a second offense, the offender must be imprisoned not less than five years nor more than thirty years, or fined not more than fifty thousand dollars, or both. A person may face the same penalties if found with the intent to distribute or have already delivered the controlled substances. O.C.G.A. The arresting law enforcement officer, along with the prosecuting attorney, will determine which charges to file. Under the Influence: How Do They Tell if Youre Driving on Xanax? Our goal is to first try to take the most serious charges off the table to avoid the most severe sentences. Generally, Schedule I and II are the most severe, followed closely by Schedule III, IV, and V. This is no different for intent cases. (first offense), possession of methamphetamine with intent to distribute, possession of Schedule II controlled substance . If the defendant possessed 200 grams of cocaine, this would be considered an intent to distribute amount. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. If you are convicted of PWID cocaine in SC, it carries up to 15 years in prison for a first-time offense. Unless there is additional evidence of intent to distribute like an excessive amount of cash, packaging in multiple baggies, digital scales, or witness testimony, it may be difficult for the State to prove an intent to distribute based on possession of a very small amount of the drug. ; Athens-Clarke County including Athens; Cobb County including Acworth, Kennesaw, Mableton, Marietta, and Smyrna; DeKalb County including Brookhaven, Chamblee, Decatur, Dunwoody, and Tucker; and Gwinnett County including Duluth, Lawrenceville, Norcross, Peachtree Corners, Sugar Hill, and Suwanee. 16-13-30). A VGCSA can carry a potential penalty of 2 to 15 years in prison for a first offense and 5 to 30 years in prison for a second and subsequent offense. Its very important to contact a defense attorney right away, especially if you havent been arrested or if you have been arrested but not yet charged. The second offense attracts incarceration of 0-10 years or a fine not exceeding $10,000, Third offense or subsequent offense attracts between 5-20 years of imprisonment or fines up to $20,000, The first offense attracts 0-15 years of imprisonment or a fine of up to $25,000, The second offense attracts 5-30 years of imprisonment or up to $50,000, Third offense or subsequent offenses attract 10-30 years incarceration or a monetary fine not exceeding $50,000, The first offense attracts 0-15 years of imprisonment or up to $25,000, Third or subsequent offenses attract 10-30 years incarceration or a monetary fine not exceeding $50,000, Your rights were violated by the law enforcement during the search, You are not aware of the presence of the controlled drugs. In 1976, federal prisons cost $183.914 million; in 2016, federal prisons cost over . it is unlawful for any person to manufacture, deliver, distribute, dispense, administer, sell, or possess with intent to distribute . You can be charged with marijuana possession if the substance is accessible to you and a reasonable person would believe that you are aware of the substance. Possession of a Controlled Substance in Georgia. He will likely sentence you to prison for many years. Sentences for possession generally allow for probation as long as the quantity is low and the defendants criminal record isnt too bad. State v. Bankert, 117 N.M. 614, 975 P.2d 370 (1994). The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Other potential circumstantial evidence would be the presence of paraphenelia involved in the sale of drugs, such as distribution baggies, measuring scales, or measuring tools. In the State of Georgia, an "Intent to Distribute" drug charge is a felony, which prevents the defendant from trying to use the Conditional Discharge Act under O.C.G.A 16-13-2. **If you hire or engage someone under the age of 17 to distribute or otherwise assist you with your controlled substances, you may be charged with an additional felony and face another prison sentence of no less than 5 and no more than 20 years, along with a fine of at least $20,000. In Louisiana, there is no hard and fast rule that determines what specific quantity of drugs that is considered an intent to distribute amount. This is a fact for a jury to decide. Articles Some potential defenses for PWID charges depending on the convictions are: Due to many factors employed to determine PWID charges, the cases often become complicated to defend. Additionally, the laws often take the purity of the drugs into account. These charges usually apply when a person is found carrying marijuana, cocaine, methamphetamine, or other narcotics. Do not delay in starting your defense! I highly recommend him to anyone. First offense simple possession is a charge that gives the judge a little more flexibility on how to sentence the defendant if convicted. Every case is different, and as a result the greatest resource you can give your defense attorney is time. Criminal Charge in Georgia? The potential penalties are exactly the same as those for drug distribution or drug manufacturing charges, though. Our criminal defense attorneys, Patrick McDonough and Trinity Hundredmark, have a combined experience of more than 30 years representing clients facing criminal charges in Georgia. The police might arrest both even the car without the load if they believe there are facts to prove both drivers were conspiring together to move the load. Trafficking sentences often include a mandatory minimum of 25 years depending on the type of drug and quantity you were transporting. ct.1 : possession of methamphetamine with intent to distribute ct.2 : possession of a schedule iv controlled substance ct.3 : possession of a schedule ii controlled substance ct.4 : purchase, possession, manufacture, distribution, or sale of marijuana leanna wade state of georgia vs. comments: 3/27 2018sucr01154 lara todd page 1 of 37 14 mai 2022 . ClickOffice Locationsto find out which office is right for you. FAFSA with a Felony: Are you still eligible? If the passenger doesnt own or control those drugs, he is not in simple possession of those drugs. Expungement laws vary by state. Templeton Mims & Ward, LLC Drug possession is a crime. 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If you are caught with enough of a controlled substance to be charged with possession with intent to distribute, under Georgias tough drug laws, you are facing the real possibility of significant prison time. Good legal representation can be critical with a serious felony charge such as this. If you are charged with Possession with Intent to and Penalties 16-13-30. If you have been charged with either offense because drugs were found in your car or on your property, its essential to hire an expert attorney right away. Drug trafficking is arguably the most serious non-violent drug charge a person can face. You may have defenses, it is possible that your case could be dismissed or won at trial, and it is possible that your charges could be reduced from PWID to simple possession. An attempted possession of drugs is usually used only in the context of plea deals. Motions to suppress, dismissals, reductions in charges, etc., are all a product of the time you afford your attorney to get the job done youre hoping they can, Phone:404-947-6122En Espanol: 770-608-1478Fax: 404-600-1356, 2023 Cansino Blanchette Law Firm, LLC All Rights Reserved, Disclaimer| Site Map| Privacy Policy |Business Development Solutions by FindLaw, part of Thomson Reuters, Estate Planning: Defining Goals And Expectations. Heres All You Need to Know , The scale of the drug a person possessed during the arrest. Confidential or time-sensitive information should not be sent through this form. On the other hand, if you had a small amount of cocaine, meth, or marijuana, your clean record may help us work out a good deal with the prosecutor. Possession with intent to supply drugs falls within the same charge. expert testimony that the amount was consistent with someone selling it rather Georgia may have more current or accurate information. Because marijuana is in Schedule I but it is a non-narcotic drug, PWID marijuana is covered by SC Code Section 44-53-370(b)(2), and can carry a potential sentence of up to five years for a first offense, ten years for a second offense, or a mandatory minimum sentence of five years up to twenty years in prison for a third offense: (2) any other controlled substance classified in Schedule I, II, or III, flunitrazepam or a controlled substance analogue, is guilty of a felony and, upon conviction, for a first offense must be imprisoned not more than five years or fined not more than five thousand dollars, or both. Ranked: The 4 Most Common Drug Offenses in South Carolina. you can still be charged with Possession with Intent to Distribute. Call 404-947-6122And Receive Quality Legal Advice. Intent to distribute charges are qualified when it is determined that an individual is in possession of more drugs than that person would use only for themselves. Your Georgia defense attorney will make sure your rights are protected during all stages of this legal process. Click here for more information. Possession with intent to distribute cocaine base, or crack cocaine, carries the same penalties as PWID powder cocaine: (1) for a first offense, must be sentenced to a term of imprisonment of not more than fifteen years or fined not more than twenty-five thousand dollars, or both; (2) for a second offense, the offender must be imprisoned for not less than five years nor more than thirty years, or fined not more than fifty thousand dollars, or both; (3) for a third or subsequent offense, the offender must be imprisoned for not less than ten years nor more than thirty years, or fined not more than fifty thousand dollars, or both. Sure your rights are protected during All stages of this legal process an intent to drugs! As this Best drug attorney in Atlanta to take the most serious charges off the to... 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