Georgia has not decriminalized marijuana or other controlled substances, nor is it legal to be in possession of certain controlled substances without a prescription from a licensed physician. If you are charged with a drug crime, you could be facing serious penalties in Macon. The consequences could be devastating and make it impossible for you to live your life normally.
Fortunately, our legal team at J. Ryan Brown Law is here to help. A reputable Macon criminal defense attorney at our firm will work tirelessly to protect your future and clear your name of the charges against you. Learn more about how our drug defense lawyers can build you a powerful defense strategy when you contact our law office to schedule a confidential consultation.
For the district attorney handling your case to secure a conviction, they must prove the elements of the offense have been met. These elements will vary depending on the type of drug crime you have been charged with. However, the burden of proof is always beyond a reasonable doubt in criminal court. According to Georgia Code § 24-14-5, the prosecutor must introduce evidence that convinces the jury you are guilty beyond any reasonable doubt. If the jurors have just cause to believe that you are not guilty of the offense in question, they should return a not guilty verdict.
Unfortunately, despite the fact that the criminal justice system was built on the idea that you should be considered innocent until proven guilty, it is often quite the opposite. Your drug defense lawyer with J. Ryan Brown Law will need to introduce that reasonable doubt in your case to ensure you are not convicted.
For this reason, choosing the right defender to take on your case should be a top priority. When your future is on the line, you cannot trust an overworked and underpaid public criminal defender to clear your name of the charges against you. You need a defense team that is invested in your well-being. Let our legal team give your defense the attention and resources it needs to get you home to your family sooner.
Our drug defense attorneys in Macon have spent decades defending those who have been accused of committing nonviolent drug crimes. Despite the fact that many individuals convicted of drug offenses never hurt anyone, the consequences of a conviction are often harsh. Far too many individuals charged with drug crimes do not understand the extent to which their lives could be affected. Here are some of the most common types of drug charges your criminal defense team with J. Ryan Brown Law is prepared to challenge:
According to O.C.G.A.§ 16-13-30.1, if you are accused of being in possession of any type of illegal controlled substance, you could be charged with drug possession. This does not only include drugs like heroin, crack cocaine, or methamphetamines. You could be charged with a drug possession offense if you have narcotics or other prescription drugs on your person without a valid prescription from your healthcare provider.
Several factors will be taken into account to determine the possible penalties you could be facing. The type of controlled substance and the amount of drugs will determine whether you are charged at the misdemeanor or felony level. This is because drug possession is considered a wobbler offense. Your drug defense attorney will do everything possible to convince the prosecutor that your charges should be reduced to a misdemeanor or dismissed entirely in exchange for completion of a drug treatment program or pretrial diversion under Georgia Code 15-18-80.
The distribution of marijuana or other illegal drugs is always a felony in Georgia, regardless of whether someone sold these controlled substances for profit or gave them away for free. In fact, a prosecutor at trial may even ask a jury to infer a defendant’s intent to distribute these substances based on nothing more than circumstantial evidence, such as the amount of the drug in question or the supposed presence of packaging materials.
Under O.C.G.A § 16-13-30, the distribution of Schedule I or II substances is a felony that brings a mandatory minimum prison sentence of five years after a first conviction. This sentence can be served on probation. Repeat offenders run the risk of being issued a life sentence by the court.
If you are facing allegations of drug distribution, a Macon drug attorney can help. They can explain the state’s drug laws, evaluate the strength of the prosecutor’s case, and work tirelessly to exclude any evidence that was the result of illegal police searches or entrapment techniques.
You may also require the legal advice and support of our drug possession lawyers if you are accused of selling them. Drug possession with intent to sell is tried under the drug possession statute. If law enforcement officials find drug paraphernalia, such as small bags, a sizable amount of controlled substances, or a large amount of cash, you could easily face possession with intent to sell charges. If these allegations are stacked with drug possession, distribution, or other relevant charges, you may find yourself facing a far more serious sentence if convicted.
Working with a drug possession lawyer may be necessary if you are accused of drug trafficking under O.C.G.A. § 16-13-31. This is one of the most serious drug crimes you can be charged with. There is a real risk that your charges could be elevated to the federal level, particularly if you have been accused of trafficking drugs across state lines.
If your case is escalated to federal court, not only could you face longer prison terms and harsher fines, but your prison term will also be served at a federal prison facility. In Georgia, there are only five federal prisons, two of which are in Atlanta, which is over an hour away. This could make it difficult or impossible for your family to visit as often as you would hope if you are convicted.
While many drug-related allegations in Macon involve distribution, simply possessing these illegal items can be a felony on its own. A conviction this severe can strip you of your rights, such as owning a gun or voting.
Having any illegal drug in one’s possession is against the law. However, the exact penalties depend on both the type of drug and the amount of that substance in question. For example, possessing even a trace amount of a Scheduled drug, such as cocaine or heroin, is a felony that comes with a mandatory minimum one-year prison sentence. By contrast, O.C.G.A. § 16-13-30(j) states that the possession of less than one ounce of marijuana is a misdemeanor that allows a judge to sentence a person to no more than one year in jail.
Even with these lesser penalties, it is still crucial to fight back against drug possession allegations. A Macon drug attorney is ready to evaluate your case and discuss your defense options.
Beyond the criminal consequences, it is important to consider how your entire life will be affected if you have a drug crime conviction on your record. Once you have completed your prison sentence, you may be anxious to put this experience behind you. However, collateral consequences may make it impossible for you to live your life normally.
Our drug possession attorneys with J. Ryan Brown Law have seen many convicts find themselves back behind bars because the collateral consequences have made it impossible for them to live their lives without feeling as though they need to resort to the same types of criminal activity to stay afloat. Some examples of collateral consequences that could be particularly devastating include:
These are only a few potential collateral consequences you should be aware of. If you are convicted, Your drug possession attorney will ensure that you understand which collateral consequences you may need to contend with. Ultimately, clearing your name of the charges against you or working out a plea agreement with the district attorney is the best way to protect yourself from these devastating aftereffects.
Our drug trafficking attorneys understand how overwhelmed you must be feeling. When your future is in jeopardy, the thought of going before a judge and jury to plead for your freedom can be embarrassing and intimidating. However, with the right drug possession attorney handling your case, you can rest easier.
To help you feel confident going into your defense strategy, we have put together a comprehensive FAQ below addressing some of the most common questions people who have been accused of drug crimes may have about the criminal justice system and their pending cases. When you have case-specific questions you need answered, do not hesitate to contact our legal team at J. Ryan Brown Law for a confidential case evaluation.
The ability to get your record restricted or expunged depends on whether you meet the eligibility requirements. While many drug crimes may be eligible for expunction, there are certain types of drug offenses that may not qualify. Under SB 228, you may be able to get your drug conviction expunged if:
Your drug trafficking lawyer will be by your side during arraignment, where the judge will determine whether your bail should be granted. The judge will take many factors into account to determine if you should be granted bail and how much your bail should be set. If you were accused of a low-level drug possession offense, the judge may be willing to release you on your own recognizance or RcOR.
This would not require you to pay a bondsman to secure your release. However, if the judge determines that your lack of ties to the community and violent criminal history make you a flight risk, they could choose to deny bail altogether or set your bail exorbitantly high. It will be up to your drug trafficking attorney to convince the judge that you can be trusted to appear at your next court date and are not a threat to the community.
The statute of limitations for drug charges will depend on the level of the drug crime you are accused of committing per O.C.G.A. § 17-3-1. For instance, if you are facing a misdemeanor drug possession offense, the statute of limitations generally expires two years from the date of the offense.
However, if you are accused of a serious felony or involve a minor victim, the statute of limitations could be up to four years or seven years, respectively. Our drug trafficking lawyers will be keenly aware of the statute of limitations in your case so we can file a motion to dismiss if the prosecutor attempts to bypass this deadline.
According to Chapter 480-34, the Schedule of Controlled Substances classifies various illicit drugs and prescription narcotics into different schedules based on their propensity for addiction and their medical uses. There are five Schedules of controlled substances as follows:
The defense that introduces reasonable now is most likely to result in an acquittal. The specific type of drug crime charges you are facing and the details of your case will determine which defense strategy is most suitable and likely to result in an acquittal. Some potential defenses we often use to challenge drug crime allegations include:
Many individuals charged with drug crimes may qualify for pretrial diversion under Georgia Code 15-18-80. If this is the first time you have been accused of committing a criminal offense and no one was harmed, the prosecutor may be more willing to allow you to enroll in a pretrial diversion program. In exchange for completing the terms of the pretrial diversion program, the attorney will reduce your drug charges to a less serious offense or dismiss them altogether.
You may be required to complete a drug or alcohol treatment program, pay restitution to any alleged victims in your case, and remain on probation for a predetermined amount of time. It is important to remember that if you fail to complete the program terms as required, the prosecutor is likely to proceed with the drug crime charges against you. If you are unsure whether you meet the eligibility requirements, do not hesitate to consult your drug attorney in Macon for further information.
Whether you are accused of being in possession of an illicit drug or drug trafficking, you have the right to defend yourself. Even though you have been arrested and charged with a drug crime, you still have an opportunity to dodge a guilty verdict. Working with a knowledgeable drug crimes lawyer could be the best way to introduce the reasonable doubt you need to win.
A drug lawyer with J. Ryan Brown Law can help you present the strongest defense strategy possible based on the circumstances of your case. We will be prepared to challenge eyewitness accounts, raise concerns regarding law enforcement misconduct, And do everything possible to help you protect your future. Contact our office by phone or through our online contact form for a free consultation today and learn more about what to expect during your initial defense strategy session.
J. Ryan Brown Law, LLC
J. Ryan Brown Law, LLC
