Phillips & Nemajovsky, P.C. Attorneys at Law

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Phillips & Nemajovsky, P.C. Attorneys at Law

Drug Charges

  • By: Phillips & Nemajovsky, P.C.
Handcuffs and drugs symbolize drug charges

What Are The Most Common Types Of Drug Charges Your Firm Handles In GA?

The most common types of drug charges handled by the firm in Georgia include:

  • Cocaine
  • Marijuana
  • Methamphetamine (Meth)
  • Synthetic drugs like spice
  • Prescription painkillers
  • Alcohol-related offenses

Each of these substances may lead to different charges, ranging from possession to trafficking, with penalties varying depending on the quantity and specific circumstances of the case.

What Determines Whether A Drug Arrest Will Be Charged As A Misdemeanor Or Felony In GA?

In Georgia, whether a drug arrest is charged as a misdemeanor or a felony depends on two key factors:

Amount Of The Drug

Larger quantities of drugs are more likely to result in felony charges, as they may indicate intent to distribute or trafficking.

Type Of Drug

Certain drugs, such as cocaine, methamphetamine, and heroin, almost always result in felony charges, while smaller amounts of marijuana might be charged as a misdemeanor, depending on the situation.

The specific circumstances of the arrest, including prior offenses, location, and involvement of minors, can also influence the charge.

What Are Potential Sentencing Penalties For Misdemeanor And Felony Drug Convictions In GA?

In Georgia, sentencing penalties for drug convictions vary significantly between misdemeanors and felonies:

Misdemeanor Drug Convictions

  • Up to 12 months in jail
  • Fines up to $1,000
  • Probation
  • Community service
  • Mandatory drug treatment
  • Education programs

Felony Drug Convictions

  • Prison sentences ranging from 1 year to life, depending on the amount and type of drug, intent to distribute, or trafficking
  • Steep fines, sometimes exceeding tens of thousands of dollars
  • Mandatory drug counseling
  • Probation
  • Asset forfeiture
  • The loss of civil rights, such as the right to vote or own firearms

Prior convictions, the presence of minors, and other aggravating factors can also increase the severity of the penalties.

Can Someone Be Charged With A Drug Crime Even If Drugs Were Not Found On His Or Her Person Or In A Vehicle Or Home?

In Georgia, it is possible to be charged with a drug crime even if drugs were not found directly on your person, in your vehicle, or home.

However, proving such a charge becomes more challenging for the prosecution as the state would have to rely on other forms of evidence, such as witness testimony, surveillance footage, or statements made by the accused that could link them to drug-related activity.

In these cases, the prosecution may attempt to establish constructive possession, where the accused had knowledge of and control over the drugs, even if they were not in physical possession.

What Are Potential Defenses To Drug-Related Charges In Georgia? Is It Even Possible To Win My Case?

It is most certainly possible to win your case, especially with a skilled attorney. In Georgia, there are several potential defenses to drug-related charges:

Mistaken Identity

  • You may have been wrongfully accused or mistaken for someone else.

Mistaken Or Mislabeling Of The Substance

  • The substance in question may not actually be illegal, or it could have been mislabeled.

Crime Lab Errors

  • Faulty testing or mishandling of evidence can lead to incorrect results.

Police Errors

  • If the police fail to follow proper procedures during your arrest or investigation, this can be a strong defense.

Invalid Search Warrants

  • If law enforcement searched your property without a valid warrant or probable cause, any evidence found could be suppressed.

These are just a few examples, and an experienced attorney can explore numerous other defenses depending on the specifics of your case.

Still Have Questions? Ready To Get Started?

For more information on Drug Related Charges, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (229) 808-8180 today.

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