Substances in this schedule have a high potential for abuse which may lead to severe psychological or physical dependence. Prohibited Weapon: A possible defense against a charge of being in If youre in Massachusetts and need assistance to beat a drug possession charge, call us at (508) 570-3037 or fill out a contact form today. possessing a handgun or long gun who is eligible for a weapons carry license If, during a search, Possession of non-Narcotic Schedule II Drugs: warrant 2-15 years incarceration. Please call (888) 205-9314. handgun or long gun without a valid weapons carry license while hunting, A possible defense that is often challenging to prove is claiming that a police officer planted a drug on a person while searching. For a free legal consultation, call 402-466-8444. The passenger claimed he did not know anything about the drugs and was ultimately found not guilty at trial. This can happen if there was an illegitimate traffic stop, unreasonable search, or other police misconduct. There may not have been enough likely cause to support the warrant. Its important that a criminal defense lawyer looks at all these issues because if you can challenge an unlawful search, you can keep that evidence out and it wont be used in court against you. The University of Nebraska College of Law, HOW A NEBRASKA LAWYER CAN HELP WITH A DUI CHARGE, Debate Rises Over Nebraskas Marijuana-Related Arrest Increase, Are there drug checkpoints in Nebraska? If we can make that argument, we can usually resolve the case for a lower charge. person shall not carry a handgun into a place where it is prohibited by federal RCW 66.44.270 (2) (a) makes it illegal for a person under 21 to possess or consume alcohol. Aside from that, it comes down to the will of the prosecutor vs. the skill of your criminal defense lawyer. Possession with intent to distribute a controlled substance is a charge that can be fought several different ways on several different levels. Schedule two drugs do possess some medical uses and include prescription medicines such as oxycodone, morphine, opium, methamphetamine, and cocaine. Decriminalize having small amounts of marijuana. Possession charges within a school zone carry much harsher sentences. Bond: none. Sometimes people are arrested with a small amount of drugs but also possess scales, baggies, and cell phones full of text messages about drug transactions. Georgia is the gateway between Florida and the entire East coast. These include marijuana, LSD, GHB, and heroin. If you have a prior arrest, your case will be more difficult to manage. An updated and complete list of the schedules is published annually in Title 21 Code of Federal Regulations (C.F.R.) And what you do with the drugs doesnt matter. A controlled substance analogue is a substance which is intended for human consumption and is structurally or pharmacologically substantially similar to or is represented as being similar to a Schedule I or Schedule II substance and is not an approved medication in the United States. pharmaceutical container you are in trouble. With any marijuana possession conviction, you face a drivers license suspension. So were going to get in an independent expert, look at that test and see if weve got an argument that they havent met the quantity threshold or that the measurement was inaccurate or handled improperly. WebIf you are facing a charge of assault or battery in Georgia, a criminal defense attorney can investigate the case and determine if you were wrongfully charged or if other reasons WebHow To Beat A Drug Possession Charge (2021) Fulgham Law Firm 1.3K views 1 year ago The Ultimate Guide To A Drug Defense: A Former Prosecutor Breaks Down The Law! Services are not available in all states. Another way its possible to keep wiretaps out of court during a trial was when the government had probable cause, they got the wiretap, they did what they were supposed to do, but they didnt seal them properly once they had the recordings. I definitely recommend shopping around for a lawyer with reasonable fees. White Collar Offenses. The 20-year-old is charged with two counts of possession of child pornography. A criminal record will almost certainly impair your chances for success in life. She found out she was probably going to jail for awhile. How many people suffer from MS? A friend got busted for a tiny amount of weed. A sum exceeding 10 pounds but less than 2,000 pounds requires a sentence of at least 5 years. For two reasons, its possible to have this evidence excluded from the trial. Top Lawyer DirectoriesState Bar Lawyer DirectoriesAttorney Discipline Records, Atlanta(Georgia) Lawyer DirectoryCalifornia Lawyer DirectoryNew York Lawyer Directory, {"hide_search_input":"","hide_near_input":"","bg":"white","mt":"","mr":"","mb":"0","ml":"","pt":"","pr":"","pb":"","pl":"","border":"","rounded":"rounded","rounded_size":"","shadow":"","show":""}. Substances in this schedule have no currently accepted medical use in the United States, a lack of accepted safety for use under medical supervision, and a high potential for abuse. Look at the diagnoses that we have in our law. person commits the offense of carrying a weapon and is convicted shall be Some examples of Schedule II drugs are: combination products with less than 15 milligrams of hydrocodone per dosage unit (Vicodin), cocaine, methamphetamine, methadone, hydromorphone (Dilaudid), meperidine (Demerol), oxycodone (OxyContin), fentanyl, Dexedrine, Adderall, and Ritalin, Schedule III drugs, substances, or chemicals are defined as drugs with a moderate to low potential for physical and psychological dependence. If you have been arrested, time is not on your side. Possession of one ounce or less of marijuana is a misdemeanor punishable by up to one year imprisonment and/or a fine up to $1,000, or public works for up to 12 months. Related: Drug/Alcohol-Related Sexual Assault. At trial, the punished as follows: What Firearms and Weapons are Prohibited in the Selling, delivering or possessing 4 or more grams requires a minimum sentence of 5 years but less than 14 grams. According to your situation, some of these options may be more appealing than others. Simple possession is often considered a misdemeanor and carries lighter consequences. Illegal drugs are often found in persons homes or cars during a police search. If this is the case, then that person should challenge the lab report verifying the drug evidence that was found was indeed substantial. In other instances, the issue is not whether the person possessed an unlawful controlled substance, but whether they possessed enough of it to be found in possession with intent to distribute when there are no scales, baggies, or incriminating text messages. If you are a first-time offender, your chances for leniency are reasonably good. The severity of the suspension of driving privileges varies. Georgia law enforcement knows this means that many drugs flow through their state. Maybe we will get there someday! she knowingly has in his or her possession any sawed-off shotgun, sawed-off The statute on a wiretap is very specific about what law enforcement should do once they have these records. So if the state is testing the drugs and it comes back right around the threshold, say 28.5 grams, the test may be wrong. a Handgun? The federal government has established a Drug Schedule which classifies pharmaceuticals and narcotics known to be abused. measured from the dates of previous arrests for which convictions were obtained For the first offense, he or she shall be guilty WebSearch for jobs related to How to beat a possession charge in georgia or hire on the world's largest freelancing marketplace with 22m+ jobs. The solution for a lot of overcrowded prisons is simple. WebIn Georgia, felony gun possession is usually an additional charge that is tacked on when a felon is arrested for a different crime. Effective and active communication to make sure that you understand all the possible consequences of a drug trafficking conviction and communicate possible decisions about your case. Drug possession is the willful possession of illegal substances, such as marijuana, cocaine, methamphetamine, heroin, ecstasy, etc. Examples of Schedule IIIN non-narcotics include: benzphetamine (Didrex), phendimetrazine, ketamine, and anabolic steroids such as Depo-Testosterone. management areas, and on public transportation; provided, however, that a 16-13-2(b), the possession of less than one ounce of marijuana is a misdemeanor offense. Three Ways To Fight A Shoplifting Charge In Alpharetta, Ga. An attorney-client relationship is not formed when you submit the form and you are under no obligation to retain a lawyer who contacts you through this service. There are a multitude of reasons that the State of Georgia can suspend a license to operatea motor vehicle. Finally, what is the amount of drugs necessary to qualify for an intent to distribute charge? Examples of Schedule IV substances include: alprazolam (Xanax), carisoprodol (Soma), clonazepam (Klonopin), clorazepate (Tranxene), diazepam (Valium), lorazepam (Ativan), midazolam (Versed), temazepam (Restoril), and triazolam (Halcion). This means that if the drugs are within your reach and a reasonable person would believe you had knowledge of it, you possess it. The minimum sentence is 15 years for 10,000 pounds or more. Another way evidence can be excluded is if an officer forgoes consent entirely, violating the fourth amendment right that protects against unreasonable searches and seizures. The The State Cannot Prove the You Knowingly Possessed a Prohibited Weapon: A possible defense against a charge of being in possession of a prohibited You can easily be in a school zone without even knowing it. Please enter your username or email address to reset your password. WebIt is important to have a possession of cocaine lawyer in Georgia who knows the differences between each offense and how to successfully defend against them. The shotgun was found in the night stand along with his Georgia criminal defense lawyers fight criminal offenses in all GA courts. Although a misdemenaor, it can still result in up to a $1,000 fine and one year of incarceration. Depending on the weight of the narcotics, the charge could result in a prison sentence as high as 20 to life. gun without a valid weapons carry license, provided that if the long gun is On WebBy successfully completing the terms and requirements of the diversion program, the marijuana possession charges may be dismissed. Bixon Law, well assist you in strategizing the best possible defense in your informant (CI) at the location. All Rights Reserved | Nav map, Felony Possession of Marijuana in Georgia, Suspension of Drivers License For Those Under the Age of 21 or 18, Financial Transaction Card Theft in Georgia. Any arrest related to possession of illegal substances could possibly bring State and Federal charges. Felony drug convictions will have heftier punishments than misdemeanors. WebSearch for jobs related to How to beat a possession charge in georgia or hire on the world's largest freelancing marketplace with 22m+ jobs. If you cant afford to be without your license, contact us to find out how we can help. Such reduced penalties could be reduced fines, shorter jail sentences, or going to rehab instead of jail. Ga. App. During their arraignment, a person is at liberty to ask the court to post bail. For this reason most judges and prosecutors believe these crimes are best resolved with chemical dependency evaluations and treatment. The 20-year-old is charged with two counts of possession of child pornography. You can easily be in a school zone without even knowing it. What are Drug Schedules? Talk to your Georgia drug crimes See my suspended license penalties page for details. Punishment. However, the best thing one can do for oneself is to hire excellent legal representation.