Allegations involving the illegal possession or distribution of controlled substances are extremely common. A conviction for having even a small amount of marijuana in your possession can change your life, so it is essential that you mount a vigorous defense as quickly as possible.
Fortunately, our Palmetto drug defense lawyers are available to help. A dedicated defense attorney from J. Ryan Brown Law will hear your side of the story and develop a defense that is specifically tailored to your situation. This may include challenging the police tactic that led to an arrest, questioning whether you had the substances in your possession, or questioning whether the State can prove that you intended to distribute the substances. Contact us to schedule your confidential consultation today.
The severity of the drug charges you face will depend on several factors. It will be up to your drug defense lawyer with J. Ryan Brown Law to help you understand the possible consequences you are facing if you are found guilty.
The classification of the drug involved in your case will often play a part in determining the extent of the charges against you. If you are unsure how the drugs involved in your case will be classified, do not hesitate to consult our drug defense attorneys, who are here to answer your questions and help you clear your name of the drug charges against you. According to Georgia Rules and Regulations Chapter 480-34, drugs are classified into five different Schedules as follows:
Your drug defense attorney with J. Ryan Brown Law will have better insight into the severity of the drug charges you are facing once we have an idea of the amount of controlled substances involved in your case. Generally, the greater the amount of drugs, the more severe the penalties will be.
If you were found in possession of controlled substances and law enforcement officials believe you may be distributing, selling, or trafficking drugs, the charges against you could be increased. In some cases, your charges could even be elevated to the federal level, where your case will be heard in federal court. However, this is often reserved for the highest amounts of controlled substances and drug crimes that occur across state lines.
The type of drug crime you are accused of committing will also determine the potential consequences you face. Our drug possession lawyers have extensive experience handling virtually every type of drug offense. Some of the most common drug charges we defend against include:
Georgia has not legalized marijuana for medicinal or recreational use as of 2024. While individuals with a prescription may be able to use low-THC oil under the Georgia Department of Public Health, all other possession or consumption of cannabis and other marijuana products is considered unlawful.
Under the Official Code of Georgia Annotated § 16-13-30(j), possessing more than one ounce of marijuana is a felony that carries a minimum one-year sentence and a maximum ten-year prison sentence. However, when the amount of marijuana is less than one ounce, the offense is a misdemeanor that can bring a jail sentence of up to 12 months.
Possessing harsher drugs brings more severe penalties. The potential sentences depend on the drug and the amount involved in the case. To fight any potential drug charges and penalties the prosecution might throw at you, you must retain a lawyer in Palmetto early on to fight allegations and defend your future.
The possible consequences you will face if you are found guilty of a drug crime will vary depending on the type and amount of controlled substances, the type of drug crime you are accused of committing, and other factors, such as your criminal record, whether a weapon was involved, and whether other aggravating or mitigating factors occurred.
The state of Georgia takes drug crimes seriously. Many drug possession charges are prosecuted at the felony level. Possession of a Schedule lll, lV, or V controlled substance could result in a five-year prison sentence and court fines.
Those in possession of a Schedule l or ll drug could spend up to 15 years in prison for a first defense. Your sentence could be doubled to 30 years if you have prior drug possession convictions on your record.
Generally, drug manufacturing is tried as a felony offense. If you are accused of manufacturing a Schedule lll, lV, or V controlled substance, you could spend up to three years in prison for a first offense and up to five years in prison for subsequent convictions.
The penalties are more serious for Schedule l and ll controlled substances. Here, the amount of drugs will also have an impact on the severity of your penalties. For example, if you are accused of manufacturing between 4 and 28 mL or grams of drugs, you could be sentenced to up to 15 years in prison for a first offense. Second offenses could leave you imprisoned for the rest of your life.
Additionally, if you are accused of manufacturing a Schedule ll drug that is not considered a narcotic, the amount of the drug will determine your potential sentence. If you are found guilty of manufacturing under 2 mL or grams of a controlled substance, you could expect to spend up to three years in prison. Alternatively, you could spend up to 15 years in prison for manufacturing between 4 and 28 mL or grams of a controlled substance.
While allegations related to the possession of drugs are serious, severe penalties apply when the government believes that a person is selling drugs. Selling or possessing with the intent to sell any Schedule I or Schedule II substance is a felony that can bring up to a 30-year prison sentence.
Unfortunately, prosecutors have many means to argue that a person possessed drugs with the intent to distribute them. Large amounts of cash, client lists, packaging materials, and even the storage means for drugs may all be evidence of a distribution scheme.
However, an aggressive drug possession lawyer can help refute the notion that you were selling drugs. Our drug possession attorneys with J. Ryan Brown Law can also challenge the legality of the Palmetto police work that led to the supposed evidence you might be facing in the drug case.
Possession of drug paraphernalia is generally tried as a misdemeanor. First-time offenders could be fined up to $1,000 and spend up to one year in jail. However, these penalties will increase with subsequent convictions. Second-time offenders could face additional fines of up to $5,000, while third-drug paraphernalia possession convictions increase jail time to as much as five years.
While prison time and fines can be life-changing, there are also concerns surrounding the collateral consequences of a conviction. Collateral consequences refer to the ways your life will continue to be affected even after you have completed your prison term.
While the expression “doing your time” is meant to indicate that you get a fresh start after serving your time in prison, the truth of the matter is that collateral consequences may make it impossible for you to get back to your life. Here are some ways you could expect to be affected post-conviction:
With the criminal penalties and collateral consequences being so harsh, it has never been more important to work with top-rated drug possession attorneys who can help you challenge the charges against you. The right legal advocate may be able to work with the prosecutor to plead down your charges or get them tossed out entirely.
When your future and freedom are on the line, it is critical to present the strongest defense strategy possible. However, that does not necessarily mean you need to testify at trial or have your case heard by a jury.
With drug charges in particular, you may qualify for a pre-trial diversion program per Georgia Code 15-18-80. Your drug possession attorney will need to review the specific circumstances of your case and your criminal record to determine whether you are a good candidate for pretrial diversion. If you enter a pretrial diversion program, you may not need to step foot inside a courtroom.
You will need to complete specific program requirements, and when you do, the prosecutor will dismiss your drug charges or reduce them accordingly. For instance, you may need to complete a drug rehab program, pay court restitution, and pass random drug screenings for a predetermined amount of time. Not everyone will meet the eligibility criteria for a pretrial diversion, however. Drug offenders who have multiple criminal convictions on their records may not qualify. Neither will individuals who caused severe bodily injury or death or used a weapon while committing the crime.
Our drug trafficking lawyers are prepared to review the evidence against you and the details of your case to craft the strongest defense strategy possible if your case needs to go to trial. Examples of potential defenses that could be used to clear your name include:
Self-incrimination involves intentionally or unintentionally providing law enforcement officials with information that could result in criminal charges or suggest you were involved in a criminal offense. Your drug trafficking lawyer should be by your side if you are being questioned by police to protect you from self-incrimination. Assert your Fifth Amendment right and remain silent unless your criminal defense attorney is present.
While it can be costly to hire trial-proven drug trafficking attorneys, it may be ill-advised to hire a public defender to handle your case. Though capable, public defenders handle massive caseloads and do not have the resources to give your case the attention it deserves. Even if you believe you cannot afford to hire a private criminal defense lawyer, you cannot put a price on your future.
Yes, certain types of drug crimes may be eligible for expungement. Most misdemeanor drug crimes qualify for expungement as long as the waiting period has passed and you have not been charged with another crime during that waiting period per SB 228, known as the Second Chance Act. Under the Second Chance Act, after four years have passed, your misdemeanor conviction could be expunged or restricted. Most felonies cannot be expunged. However, some could be sealed from public access through record restriction.
Additionally, if you were originally arrested or charged with a drug crime, but the prosecutor dismissed your case, the charges will be restricted from your criminal record.
The statute of limitations for a drug crime can vary depending on the specific details of your case. In drug possession cases, for example, law enforcement officials may have up to two years to file criminal charges. However, if you are accused of committing a felony drug crime, the statute of limitations could be as long as four years, according to Georgia Code 17-3-1.
The prosecutor must prove your guilt beyond a reasonable doubt to obtain a conviction according to Georgia Code § 24-14-5. While you are supposed to be presumed innocent until proven guilty, the criminal justice system often requires defendants to introduce that reasonable doubt to secure an acquittal.
During discovery, we will have insight into the strength of the prosecutor’s case against you. Some of the most powerful types of evidence needed to obtain a drug conviction include the presence of drug paraphernalia, a large amount of cash, controlled substances being found in your possession, or being in possession of certain types of weapons.
Drug cases are complex and can escalate quickly. Even having a trace amount of marijuana on your person is a crime, and a conviction can require you to serve significant time in jail. Even more concerning are allegations of drug distribution, where the court must impose lengthy jail sentences as a matter of law.
A Palmetto drug trafficking attorney from J. Ryan Brown Law will help you fight this outcome. Our team can listen to your side of the story and help contest whether drugs were in your possession or your property. We can also help to argue for fair bail terms, question the legality of evidence collection methods, and make arguments in court that could help to create reasonable doubt. Give the office a call or complete our secured contact form to explain your circumstances during a confidential consultation.
J. Ryan Brown Law, LLC
J. Ryan Brown Law, LLC
