If you have been taken into police custody and charged with drug possession, your future could be on the line. Drug charges can be overwhelming, and if you are convicted, you could be facing considerable time in prison, fines, and other devastating penalties. Fortunately, with help from our strategically aggressive Brunswick drug possession lawyers at J. Ryan Brown Law, you have an opportunity to clear your name of the charges against you.
We may be able to work with the prosecutor to get you enrolled in pretrial diversion or prepare a powerful defense strategy if your case goes to trial. You are going to need a highly experienced Brunswick drug crime lawyer on your side if you hope to avoid the consequences that come with a conviction. Consider every opportunity for the most favorable outcome possible based on the circumstances of your case. Contact us to schedule a confidential consultation today and to learn more about what to expect from the criminal process, the severity of the drug possession charges against you, and potential defenses that could be used to secure your acquittal.
You may not initially be concerned about the drug crime charges against you, believing there is no way for the prosecutor to win if your case goes to trial. After all, many people believe guilt must be proven beyond a reasonable doubt, as described under Georgia Code § 24-14-5. When your case goes to court, you may be surprised to find yourself facing an uphill battle. While you should be considered innocent until proven guilty, oftentimes, unless our drug possession lawyers with J. Ryan Brown Law can prove your innocence, you may be at an increased risk of conviction.
We need powerful evidence that introduces reasonable doubt in the mind of the judge and jury for your defense to be successful. We will need to carefully review the strength of the state’s case against you to determine how to best approach your defense strategy. Unfortunately, many people facing drug possession charges find themselves willing to accept a plea agreement simply to avoid having to contend with the harsh criminal penalties that follow a conviction.
It is up to our drug possession attorneys to review the evidence and determine whether police or prosecutorial misconduct played a part in your arrest or the criminal charges against you. We may also be looking for signs that your constitutional rights have been violated. For instance, the prosecutor must file criminal charges following the statute of limitations.
If you are accused of a misdemeanor drug possession offense, The district attorney may have as few as two years from the date of the alleged incident to file formal charges according to Georgia Code § 17-3-1. However, if you are accused of a felony drug possession offense, the statute of limitations increases to four years. If the prosecutor has not filed charges before the statute of limitations runs out but files charges anyway, we may be able to get the charges against you dropped completely.
The Georgia Schedule of Controlled Substances classifies different types of drugs into categories known as “Schedules.” Your drug possession attorney with J. Ryan Brown Law can help you understand why the charges against you are so serious. The Schedule of controlled substances involved in your case will determine the extent of your penalties.
For instance, if you were convicted of possession of a lower-level Schedule V controlled substance, your penalties may not be as serious as someone who was convicted of possession of a higher-level Schedule I controlled substance. Here is more information about the different schedules of controlled substances and the types of illicit drugs that fall into each category as described under Georgia Code § 16-13-24:
Schedule I controlled substances are the most serious classification of illicit drugs. Controlled substances that fall into this category have no accepted medical use and a high likelihood of addiction or abuse. Some examples of Schedule I drugs include:
It should be noted that the federal government classifies marijuana as a Schedule I controlled substance. This is despite the fact that Georgia has decriminalized marijuana in certain major cities and allowed for low-THC oil to be used medicinally, according to Georgia Code § 16-12-191.
Schedule II controlled substances are also one of the most serious classifications of illicit drugs. When controlled substances fall into this category, they have a high propensity for abuse or addiction and minimally accepted medical use. Some examples of drugs that are considered Schedule II controlled substances include:
Schedule III controlled substances are not as dangerous as Schedule II and Schedule I controlled substances. While these drugs may have a lower potential for addiction or abuse, there is still some risk. Schedule III controlled substances do have some accepted medical use as well, though these drugs may cause physical dependence with prolonged use. Some examples of Schedule III controlled substances include:
Schedule IV controlled substances are unlikely to be abused but may lead to psychological or physical dependency issues with prolonged use. These have some accepted uses as far as medical treatment goes. Some examples of drugs that may be considered Schedule IV controlled substances include:
Schedule V controlled substances are the least dangerous type of illicit drugs. While there may be a low potential for addiction or abuse, with ongoing use, physical and psychological dependence may become an issue. Schedule V controlled substances have some accepted medical uses. Some examples of Schedule V controlled substances include:
It is important to know that under Georgia Code § 16-13-29.1, you can purchase non-narcotic over-the-counter medications without a prescription. This might include medications in the form of inhalers, ointments, elixirs, tablets, sprays, or syrups.
It is up to your Brunswick drug defense attorney to help you prepare for the possibility of a conviction. It is better to be prepared for the possibility of a guilty verdict and know what to expect if you are ultimately convicted. In many cases, drug possession crimes are considered a felony offense as described under Georgia Code § 16-13-30 if the substance in question falls in Schedule I or II. In some cases, depending on the type of controlled substances and the amount you are accused of possessing, your charges could be elevated to the federal level per the Drug Enforcement Administration’s Federal Trafficking Penalties.
The extent of your penalties will depend on the Scheduled classification of the controlled substances in your case. If you are found guilty of possession of a Schedule III, IV, or V drug as a first-time offender, you could spend up to five years in prison. However, subsequent convictions could land you incarcerated for as much as 10 years.
If you are convicted of possession of a non-narcotic Schedule II controlled substance, a first-time conviction could land you in prison for as much as 15 years. However, those penalties will double with subsequent convictions, meaning you could spend up to 30 years in a Georgia state prison if you are found guilty. These are similar to the penalties if you are convicted of possession of a Schedule I or narcotic Schedule II illicit drug. You could spend up to 15 years in prison if this is your first time being convicted of drug possession. Otherwise, subsequent convictions could result in a 30-year prison term.
The penalties for possession of marijuana are a little different. Possession of under one ounce of marijuana can be tried as a misdemeanor despite the fact that it is classified as a Schedule I controlled substance, according to the US Drug Enforcement Administration (DEA). If convicted, you could spend up to one year in jail and be fined up to $1,000. However, if the THC has been removed from the leaf, you can face felony possession of a Schedule I controlled substance.
One of our most important responsibilities will be figuring out the best approach to your defense strategy. You may initially feel overwhelmed and intimidated at the thought of going up against the state. However, with the right drug trafficking lawyer on your side, you have a strong chance of securing an acquittal or other favorable outcome. Before you plan to try your case in court, it is important to consider the big picture when it comes to your defense strategy.
You may qualify for pretrial diversion as described under Georgia Code § 15-18-80. Pretrial diversion is similar to what you might think probation is like. If you are enrolled in pretrial diversion, you need to meet with court officials regularly, pass drug and alcohol screenings, and meet other requirements. For example, the court may require you to complete a drug and alcohol treatment program, pay restitution to any alleged victims in your case, and potentially complete community service hours.
Once you enter a pretrial diversion program, you are required to fulfill the terms of the program as described. If you fail to do so, you could find your pretrial diversion program revoked and may need to consult with a Brunswick probation violation lawyer to address your failure to complete the program guidelines. When this happens, the prosecutor has the right to proceed with the original drug possession charges against you.
Unfortunately, not everyone will qualify for pretrial diversion. Generally, you are only eligible if you have never been charged with a crime before and the offense in question was nonviolent. Therefore, a drug possession offense itself may not be considered violent, but if you have multiple drug possession convictions on your record, the prosecutor may be less willing to allow you to enter pretrial diversion. That does not mean they will not work out a plea agreement with you, but pretrial diversion may be off the table.
If you do not meet the eligibility requirements for pretrial diversion and the district attorney is unwilling to work out a plea, defending your case at trial is your best shot at avoiding the penalties of a conviction. Several potential defenses could be suitable depending on the circumstances of your case. Some of the most common defenses used with drug possession charges include:
It may surprise you to learn that the police do not need to find illicit drugs in your pocket, purse, or directly in your possession to file charges. If the drugs are in an area where multiple people have access to or control over them, you could still be charged with constructive drug possession. Your defense attorney may be able to provide compelling evidence that you did not know that the drugs were in your possession at the time of the alleged offense.
The Fourth Amendment protects you from unlawful search and seizure. The police must have probable cause to search you, your home, or your property. If they do not, any evidence they obtain during an unlawful search may be considered inadmissible.
It should be noted that illicit substances found in plain view are not considered protected. For instance, if you are stopped during a routine traffic stop, and a bag of cocaine fell out of your pocket when you were pulling out your driver’s license, law enforcement officials would be able to seize the bag of cocaine and use it as evidence to convict you.
It is more common than you might think for drugs to go missing during drug possession cases. After the alleged drugs have been seized, the police are required to keep them secured in an evidence locker room.
Your misdemeanor lawyer with J. Ryan Brown Law may be able to challenge whether the substance presented in your case is, in fact, the same substance that was found on your person or in your constructive possession. If the police do not maintain accurate chain of custody records or too many officers have handled the drugs, this defense may be a viable option in your case.
If you were threatened, harassed, or coerced by someone into possessing drugs when you would not normally have, and that party turns out to be an undercover police officer or an agent acting on behalf of law enforcement, you may have the right to use the entrapment defense. However, we must be able to show that you would not have made the same decision if it had not been for the direct actions of the undercover officer.
The prosecutor must prove that the substance you were found in possession of is, in fact, an illicit drug. If there were discrepancies in the official lab analysis report or errors made in the analysis of the substance, it is possible the charges against you could be dismissed.
If you are intimidated by the thought of moving through the criminal justice system, you are not alone. It is common for people facing criminal charges to have serious concerns about what the future might bring and what prison may be like. It is our goal to help prepare you to the best of our abilities.
For that reason, we have included some information below regarding the criminal process when you are charged with drug possession in Brunswick. If you have additional questions about what to expect at any point in the criminal process, do not hesitate to contact our team at J. Ryan Brown Law for a confidential consultation.
It all starts with an investigation. The investigation could begin after the police have been tipped off by an informant, but in many drug possession cases, an investigation occurs from the moment you are stopped by police. If you are stopped by police for driving unsafely or if law enforcement officers believe you have recently committed a crime and they find illicit drugs in your possession, you could be facing arrest.
If the police have probable cause to believe you have committed a crime, they can take you into custody. According to Georgia Code § 17-4-26, the police can hold you in custody for as much as 72 hours if they have arrested you under a warrant. If you were taken into custody under a warrantless arrest, this time limit drops to 48 hours. If they do not charge you within that time, they must release you.
Arrangement is where you will be able to enter your plea of guilty, not guilty, or no contest. During this time, the judge will also determine whether bail should be granted. If you are not a flight risk, have strong ties to the community, and this is your first offense, it is more likely the judge will be willing to grant bail at a reasonable amount.
However, if you have multiple convictions or the judge is worried you will not appear at your next court date, they have the power to deny bail or set your bail so high you cannot afford to pay it. If you cannot afford bail, you will need to remain incarcerated until at least your next court date.
Pretrial motions occur before trial. This is where we exchange evidence with the prosecutor and file any necessary motions. For instance, if, when going through discovery we notice that the state has unlawfully obtained evidence they are hoping to use as part of their case against you, we can file a pretrial motion to suppress that evidence. This is also our opportunity to work out a plea agreement or get you enrolled in pretrial diversion before your trial date.
At trial, both the prosecution and defense will have an opportunity to present our cases. We will be able to present forensic evidence and call upon witnesses to testify on your behalf. We can also challenge the state’s evidence against you after it has been presented. This way, the jury can see the reasonable doubt needed to acquit you.
If you are convicted at trial, the next part of the criminal process is sentencing. In some cases, you could be sentenced the same day, particularly if you plead guilty to the drug possession charges against you. However, other times, the judge will need to set a future court date where you will be formally sentenced based on the type and amount of drugs you have been convicted of possessing.
Convictions cannot be sealed or expunged from your record in the state of Georgia. However, your record could be restricted as described under Georgia’s SB 228. Here, your record will not be available to the public but will still be viewable for specific government entities and law enforcement agencies. Having your record restricted could allow you to move forward with your life without the stigma of your drug possession conviction haunting you. You will need to file a restriction application with the Glynn County District Attorney’s office to start the process. Expect to pay fees of around $100 to the court for your expungement, plus the cost of your attorney’s fees.
If you are found guilty of drug possession, your entire life could be affected. In addition to jail or prison time, the collateral consequences will ensure you continue to pay for your conviction even after you have completed your sentence. Do not let these drug charges take over your life. Work with a trial-proven Brunswick drug possession lawyer from J. Ryan Brown Law to dodge a conviction.
There is too much at stake to rely on an overworked and underpaid public defender who cannot give your defense the attention it deserves. Turn to a Brunswick criminal defense lawyer with the resources and experience you need to safeguard your future. Fill out our secured contact form or call our office when you are ready to schedule your confidential, no-obligation consultation.
J. Ryan Brown Law, LLC
J. Ryan Brown Law, LLC
