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The state of Georgia prosecutes drug charges harshly and to the full extent of the law, especially when a case involves possessing and distributing Schedule I or II drugs. The first arrest for selling and distributing illegal substances can lead to harsh punishments, and subsequent arrests will elevate the severity of state and federal charges.
Therefore, anyone facing conviction must take the case seriously. A Carrollton drug possession with intent to distribute lawyer can review your case and help you pinpoint the most productive next steps. The more time you spend preparing your defense, the better your chances of a positive case outcome, so working with an experienced drug attorney should be a priority.
Schedule I and II drugs are the most addictive, and arrests involving the potential distribution of these substances typically have the most severe consequences. According to The Official Code of Georgia Annotated § 16-13-30, it is unlawful for people to buy, possess, manufacture, or distribute controlled substances.
A conviction under the statute for distributing or intending to distribute Schedule I or Schedule II narcotics or controlled drugs is a felony offense, punishable by steep fines and extended prison sentences ranging up to three decades in prison. Many illegal substances carry mandatory minimum sentencing requirements, which an experienced Carrollton lawyer can explain during a consultation for possession with intent to distribute charges.
Fulton County Superior Court
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Carroll County Superior Court
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Presides over felony charges and major criminal cases.
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Handles felony-level criminal cases and grand jury indictments.
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Troup County Superior Court
Handles felony prosecutions and criminal court matters.
State criminal laws prohibit possessing and distributing illegal drugs, including marijuana. An arrest for the offense is a violation of the Georgia Controlled Substances Act. The Act classifies controlled substances into five categories.
The law describes Schedule I drugs as substances without medical use and a high probability of addiction. Examples of Schedule I drugs include heroin and lysergic acid diethylamide, also called LSD. THC also falls within this category, despite healthcare professionals prescribing it for medical purposes.
Schedule II drugs have medical uses but are highly addictive. Possessing or using these drugs requires a prescription from a healthcare professional. Some examples include oxycodone and other opiates.
A vast range of drugs fall within this category, and they have a low potential for addiction and abuse. Examples include Valium and Xanax. A drug possession with intent to distribute lawyer in Carrollton can outline these categories during your consultation and answer questions about how they apply to your case.
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The state prosecutor must establish specific elements to prove allegations of possession with intent to distribute. To begin, they must demonstrate beyond a reasonable doubt that you actually possessed the controlled substances in question.
Then, prosecution must use evidence to prove beyond a reasonable doubt that you also intended to distribute the illegal substance you were alleged to have possessed. Proof of intent could include witness testimony, evidence of high quantities of the drugs, or packaging materials found in your place of residence. For example, possessing a significant amount of marijuana and small plastic bags in your home could be compelling evidence of intent to distribute.
After reviewing your situation, a tenacious attorney in Carrollton can refute a prosecutor’s allegations that you intended to distribute drugs and implement evidence in favor of your case.
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Drug crimes are complex and planning a sound defense against the charges you face can be challenging. Thankfully, a qualified Carrollton drug possession with intent to distribute lawyer can ensure you understand your case process, legal rights, and next steps. Our legal team can thoroughly investigate the arrest and work to maximize the potential of your case. Call today to get started.
