Drug-related offenses are some of the most common criminal charges in the area. Your charges might result from the police finding a controlled substance in your possession, in your vehicle, or inside your home. Regardless, a conviction for a drug charge can have life-changing consequences. A skilled Carrollton criminal defense attorney could help you fight back against these charges for a favorable outcome.
In many cases, the state will agree to dismiss charges or reduce them to lesser offenses. But you do not want to pursue these options without our Carrollton drug defense lawyers from J. Ryan Brown Law in your corner. Contact our law office to request a confidential consultation today. When you do, you can learn more about the possible penalties of a conviction, whether the district attorney’s case against you is strong, and which drug defense strategies could be most suitable for your case.
Our drug defense lawyers are responsible for ensuring you understand the charges against you and what to expect from your case. The severity of the charges against you will depend on the amount of the drugs in question and the type of drug involved in your case. According to O.C.G.A. § 16-13-25, controlled substances are classified into five different Schedules as follows:
Schedule l controlled substances are the most serious. There is no accepted medical use, and people who use Schedule I controlled substances are likely to develop addiction or substance abuse issues. Examples of Schedule I controlled substances include:
Schedule ll controlled substances have some accepted medical use but still carry a high risk for abuse or dependency. Some examples of Schedule ll controlled substances could include:
Schedule lll controlled substances are accepted for medical use in the United States but still have some potential for physical dependency or abuse. Examples of Schedule lll controlled substances include:
Schedule lV controlled substances are accepted for use in the medical industry. They also have a low potential for abuse or addiction. Some examples of Schedule lV controlled substances include:
Schedule V controlled substances are widely used in medicine and have a low potential for abuse or addiction. Some examples of Schedule V controlled substances include:
You need a drug defense lawyer who has extensive experience handling cases similar to yours. Our drug possession attorneys have successfully challenged thousands of drug crimes over the years. Here are some of the most common types of drug offenses our team at J. Ryan Brown Law has defended against in Carrollton:
Our drug defense attorneys frequently represent clients who are facing drug possession charges. Being in possession of heroin, cocaine, methamphetamines, or even marijuana could result in serious criminal penalties. Under O.C.G.A. 16-13-30, if you are found guilty of a felony drug possession charge involving a Schedule I or II controlled substance, you could spend up to 30 years in prison, depending on the amount of drugs found in your possession.
You may require a drug defense attorney if you are charged with drug manufacturing or cultivation under O.C.G.A. § 16-13-32.5. If convicted, you could be fined up to $20,000 and spend up to 20 years in prison as a first-time offender. With subsequent convictions, fines can increase to $40,000, and you could spend up to 40 years in a Georgia state prison.
Our drug possession lawyers have extensive experience defending against drug trafficking charges as well. Under O.C.G.A. § 16-13-31, if you intend to possess, deliver, manufacture, or distribute controlled substances, you could be charged with a misdemeanor or felony offense. If convicted, you could spend up to 30 years in prison for a first offense and up to 40 years in prison for multiple drug trafficking convictions.
Under Georgia Code 16-13-32.2, you could be charged with drug paraphernalia if you have any products or items that can be used to consume or manufacture controlled substances. Some examples of these items could include:
If convicted of a misdemeanor drug paraphernalia possession charge, you could pay up to $1,000 in fines and spend up to one year in prison. Your drug possession lawyer will work tirelessly to prepare a powerful defense strategy so you can avoid some of the more serious consequences of a criminal conviction.
Georgia is one of several states that have not made marijuana use legal for recreational or medicinal use. According to Georgia Code 16-13-30, you can face multiple marijuana charges if you are found in possession of cannabis products, are accused of selling them, or have marijuana paraphernalia in your possession.
While the law allows for individuals with prescriptions to use low-THC oil, every other type of marijuana product is considered illegal under Georgia’s marijuana laws. You could spend up to 30 years in prison and be fined up to $1 million, depending on the type of marijuana drug charges you are accused of committing.
Your drug possession attorney may be able to avoid bringing your case to trial altogether. If you are eligible for a pretrial diversion program under Georgia Code 15-18-80, you may be able to complete certain requirements in exchange for the reduction or dismissal of your drug charges. Be prepared to fulfill the program requirements. Otherwise, the charges against you will continue moving through the criminal justice system, where you will face prosecution.
There are many potential defenses to build in a possession case. For example, constitutional issues, a lack of evidence, authorization concerns, and mistaken identity could all be considered.
One of the common defenses to a drug crime involves the violation of the constitutional rights of the accused. Many drug arrests are based on evidence obtained during a police search. If this search violated your rights, a local attorney could have the evidence excluded from trial. The police may not search your car or your home on a whim. If they do not have a warrant or probable cause, and you do not give them express permission, the search is invalid under the law.
The state alone has the burden to prove a person is guilty beyond a reasonable doubt. There are times when the best defense option is to simply highlight the state’s inability to prove guilt. Notably, this option also does not require the defense to highlight other suspects or offer alternative scenarios.
Some individuals have the authorization to possess controlled substances, such as a patient who has been prescribed a medication or a researcher licensed to handle controlled substances. This authorization could be a valid defense to a Carrollton drug charge with the assistance of the right lawyer.
The police can make mistakes during an investigation. In fact, they could identify the wrong individual entirely during the surveillance portion of a drug operation. This could lead to charges against a person who was not involved in criminal activity.
Our drug trafficking lawyers have seen firsthand how terrifying drug charges can be. We understand how difficult this time in your life is and aim to help you move forward sooner. When you have questions about the drug charges against you or what to expect from your case, check out our quick drug defense FAQ below. If you have additional questions, do not hesitate to consult our legal team during a confidential consultation.
It is difficult to say whether you will be offered a plea agreement. Many district attorneys prioritize rehabilitation over punishment. If the district attorney sees that you would benefit from rehabilitative measures and you are not a threat to society, they may be more willing to offer you a plea or reduce your charges down to a lesser offense if you complete a pretrial diversion program.
However, if you have multiple drug charges on your record, there was a significant amount of drugs involved in your case, or other aggravating factors are present, such as a child being involved, the prosecutor may be unwilling to offer you a plea bargain.
If there is a warrant out for your arrest, it means you could be arrested at any time. However, do not panic. Contact your criminal defense attorney as soon as possible to discuss turning yourself in. It is important to pre-arrange bail and get this matter resolved sooner. The last thing you need is to be pulled over unexpectedly and taken into custody very publicly. Instead, be proactive and get your arrest warrant resolved as soon as possible.
No, you should never try to clear up your drug charges by discussing the details of your case with the police or investigators. Anything you say without your attorney present could be used against you if your case goes to trial. Law enforcement officials could twist your words or make it appear as though you admitted guilt.
Instead, inform the police that you will be exercising your right to remain silent under the Fifth Amendment. Once your attorney is present, we will be by your side to effectively screen the investigator’s questions. We can let you know which questions to answer, which you should refuse to answer, and what to expect from the criminal charges against you after questioning.
Questioning actual versus constructive possession is one of the most common defenses used in drug cases. Actual possession means you were physically in control over the drugs in question. For example, they may have been in your pocket, purse, or vehicle. However, with constructive possession, you are not in direct physical control of the drugs or drug paraphernalia.
For example, if drugs were found in the dining room of your shared home, you may be in constructive possession of the substances. With constructive possession, it is easier to argue that someone else could have been responsible for the controlled substances. We can learn more about whether actual or constructive possession claims could affect your drug charges or defense after reviewing the specific details of your case.
You may require the legal representation of a federal drug trafficking lawyer if your charges are elevated to the federal level. Generally, drug charges would be tried at the state level and prosecuted as either a misdemeanor or felony offense. However, there are specific circumstances that could elevate your drug charges to federal court.
We see this most often when there is a significant amount of drugs involved, or drugs have been transported or distributed across state lines. If your case is prosecuted in federal court, you can expect more serious penalties. According to the U.S. Drug Enforcement Administration (DEA) Federal Drug Trafficking Penalties, a first-time offender could be fined up to $25 million and spend the rest of their life in a federal prison facility. With multiple federal drug crimes on your record, you could be fined up to $50 million and spend life in prison.
The drug charges against you may be serious, but before you hire a criminal defense attorney, it is important to understand the potential costs. While hiring a public defender may cost you nothing, remember, you get what you pay for. Working with a public defender may be your only option if you cannot afford to hire an attorney. However, if you have the means to hire a private drug defense lawyer, you should do so.
Public defenders are often overwhelmed by caseloads and unable to offer their clients the resources to build the strongest defense strategy possible. If this happens, you may find yourself behind bars and stripped of your liberties. Fortunately, when you hire a private drug defense attorney, you can access the legal support you need when you need it. Every law firm is different, so there is no average cost of a drug defense lawyer.
The exact amount will vary widely depending on the complexities of your case, your criminal record, and the strength of the state’s case against you. Do not hesitate to contact our legal team to find out more about how much you might spend in legal fees with J. Ryan Brown Law on your side.
In Georgia, arraignment is generally your first appearance in court. During your arraignment, the prosecutor will file formal charges against you. At this time, you will enter your plea of guilty or not guilty. Then, your next court date will be set. If you plead guilty, your next court date will be your sentencing.
If you plead not guilty, a preliminary hearing or trial date will be set. You can also expect to discuss bail during your arraignment. The judge will consider a number of factors, including your risks and ties to the community, the severity of your charges, and your criminal history when determining whether bail should be set and, if so, how much.
Under the Sixth Amendment, pro se representation allows you to defend yourself if you are charged with a crime. This is a constitutional right, but that does not mean you should exercise this option. The criminal justice system is complex, and defending yourself may be ill-advised.
Even individuals with extensive knowledge of state and federal criminal laws may benefit from the experience and skills of a high-powered criminal defense lawyer. When you are facing drug charges, it may be in your best interests to get a trial-proven legal representative on your side.
A conviction for possession of drugs or controlled substances could change your life forever. While it is easy to despair following a drug arrest, it is important to remember that your conviction is never guaranteed. A Carrollton drug defense lawyer could help you develop a defense strategy and fight back against the charges you are facing.
With our high-powered drug trafficking attorneys defending you, you can feel confident in the outcome of your case. You do not need to accept a guilty verdict. Exercise your right to defend yourself with J. Ryan Brown Law, fighting for your future. Complete our secured contact form or call our office to schedule your private and confidential consultation as soon as today.
J. Ryan Brown Law, LLC
J. Ryan Brown Law, LLC
