There are few things more stressful than facing an arrest and possible conviction for a drug charge. The penalties associated with these charges have the potential to change your life, and not in a positive way.
Anyone facing these circumstances could benefit from learning more about the Carrollton drug case process. Knowing what to expect is helpful, as it can ensure that you are prepared and know your rights. A skilled drug attorney could offer sound guidance and representation during every phase of your case.
The first step in any Carrollton drug case is an arrest. For many people, an arrest on drug charges results from a traffic stop. A common scenario involves the police pulling over a motorist for a moving violation, only to suspect that they are in possession of a controlled substance. If a subsequent search reveals illegal drugs, the police will make an arrest.
Major drug cases often result from months-long investigations. In these situations, arrests are often planned in advance and take place during orchestrated police raids.
What happens during these arrests could impact your criminal case. If your rights were violated by law enforcement, it could serve as a viable defense strategy.
Like most states, Georgia has a formal arraignment process. This initial hearing was once an important aspect of the criminal justice system, but it has become less necessary over time. One of the benefits of hiring a Carrollton attorney to handle your drug case is that they can typically waive your arraignment appearance and file any necessary motions on your behalf, saving you an extra trip to the courthouse. Lawyers can typically enter a not guilty plea on your behalf prior to this scheduled appearance as well.
It is not uncommon for the state to make a plea offer to those who have been arrested on drug charges. In fact, most people facing these allegations ultimately enter a guilty plea. That does not mean a plea deal is the best option for you, however.
In some cases, rejecting a plea and taking the case to trial is a good idea. In others, the evidence might be strong enough that the best approach is limiting the potential damage involved with a conviction by entering a plea. An attorney serving Carrollton can provide insight into both options and which may be ideal for your particular drug case.
It can take months or oftentimes years for Carrollton drug cases to ultimately make it to trial. Both sides might choose to file motions in an attempt to limit what evidence is heard or gain access to additional information held by the other side.
Once these preliminary matters are settled, and the possibility of a plea bargain has passed, the case will go to trial. You have the option of choosing between having the case decided by a judge or jury. Rarely do lawyers recommend a bench trial, but it is an option available to defendants in Carrollton.
If you are acquitted of all charges, the Carrollton drug case process comes to an end, and you are free from any criminal consequences. If you are convicted, the trial will proceed to the sentencing phase. This often occurs immediately after a conviction, although it is possible for a judge to schedule this step for a later date. At the sentencing hearing, the State can present evidence in “aggravation” and inform the Judge what they believe the appropriate sentence is. In the same vein, your attorney may present mitigation evidence and ask the Court for a certain sentence.
While the Carrollton drug case process is standard, your situation is unique. An arrest never guarantees a conviction, and implementing a strong defense strategy during every stage of your prosecution could help you achieve the best possible result at trial.
There are serious risks involved with taking on your defense alone. Reach out today to discuss your legal options with a trained legal professional.
J. Ryan Brown Law, LLC
J. Ryan Brown Law, LLC
