What Are Common Defenses Against Drug Possession?

At Swingle Levin LLC, we have the experience needed to fight drug possession charges in Georgia. Let us help you protect your rights in court.

WHAT IS CONSIDERED DRUG POSSESSION IN GEORGIA?

The Official Code of Georgia O.C.G.A. § 16-13-30 makes it unlawful for any person to possess marijuana or controlled substances in the state. Therefore, if you are caught with a controlled substance such as cocaine, heroin, LSD, methamphetamine, ecstasy, or other illicit drugs, you could be found guilty of drug possession. To be found guilty of this crime in Georgia, the accused must have knowledge of the presence of the drug and control over them.

The penalty for a drug possession charge can vary depending on the circumstances and severity of the offense. Generally, these can range from fines to jail time.

Furthermore, penalties for drug possession in Georgia can vary significantly depending on the substance and amount of illegal drugs possessed.

For instance, possession of less than an ounce of marijuana might result in misdemeanor charges, carrying up to a year in jail or a fine of $1,000. However, possession of more than one ounce of marijuana is considered a felony, and it can result in 1 to 10 years in prison. That is a significant increase from the misdemeanor charge for less than one ounce.

Possession of Schedule I or II drugs is a felony in Georgia. For a first offense, the penalties can range from 2 to 15 years in prison. Subsequent offenses can lead to harsher penalties, potentially doubling the maximum sentence to 30 years.

Possession of Schedule III and IV drugs is also a felony, with penalties including 1 to 5 years in prison for a first offense. Although generally considered less severe, possession of Schedule V drugs might still be treated as a felony, but the potential prison time is often less, ranging from 1 to 5 years.

These penalties highlight the critical need for a strong legal defense to effectively navigate the potential consequences and mitigate penalties of Georgia’s drug laws.

HOW TO FIGHT AGAINST DRUG CHARGES IN GEORGIA

In Georgia, several defenses are available to those accused of possessing drugs. Knowing your rights and building a strong case against the charges is important. The most common defense strategies used in drug possession cases include:

• Addiction: This strategy involves proving that you have an addiction to the drug and were using it to treat a mental or physical impairment.
• Entrapment: If the police entrapped you into committing a crime (such as buying drugs from them when they prompted it), this could serve as a valid defense in court.
• Unknown Possession: If you had no knowledge that the drugs were stored in your home or vehicle, this lack of knowledge could be used as a defense.
• Unlawful Search and Seizure Defense: If law enforcement officials conducted a search without a valid warrant or probable cause, this is grounds for dismissing the charges.

Knowing your rights and consulting with an experienced attorney can help you maximize your chances of success when fighting these charges in Georgia.

COMMON DEFENSES AGAINST DRUG POSSESSION CHARGES

Challenging drug possession charges in Georgia involves a multifaceted legal approach. In cases of prescription drug possession, this defense strategy can be employed:

• Valid Prescription Proof: Demonstrating lawful possession through a valid prescription. This shows that the individual legally owns the drugs for medical purposes.

Other defense strategies may include contesting the legality of the search and seizure that led to the drug discovery, arguing that the drugs belonged to someone else, or demonstrating that the accused was unaware of their presence. Another effective defense is questioning the accuracy of drug tests or the handling of the evidence.

• Illegal Search and Seizure: Challenging the methods used by law enforcement officers. If evidence is obtained through an illegal search, violating the Fourth Amendment, it may be inadmissible.
• Questioning Possession: In a drug possession case, the accused must be proven to have had actual possession (having illegal substance on them) or constructive possession (having a controlled substance in a place they have control over). Also, the prosecution must prove beyond a reasonable doubt that the defendant was knowingly in possession of an illegal substance. The defense can argue that the drugs found in a shared space belonged to someone else.
• Errors in Evidence Handling: Highlighting any mistakes made by police officers or crime lab analysts in handling the drugs. Mishandling or ambiguity in evidence can cast doubt on the prosecution’s case.
• Substance Identification: Ensuring that the seized substance is correctly identified as an illegal drug and not a legally prescribed medication.

Employing these defenses requires the knowledge of an experienced criminal defense attorney who understands the nuances of state drug laws and can exploit weaknesses in the prosecution’s case.

An experienced criminal defense attorney can focus on safeguarding individual rights and questioning the prosecution’s claims in a drug possession crime.

Moreover, an adept lawyer can negotiate reduced charges or argue for alternative sentencing like drug rehabilitation programs, which focus on recovery rather than punishment. These strategies not only aim to mitigate the immediate penalties but also reduce the long-term impact on the accused’s life.

GET IN TOUCH WITH AN EXPERIENCED ATHENS DRUG CRIMES ATTORNEY TODAY FOR HELP

You should remember that every situation is unique, so if you are facing drug possession charges you should seek the help of a professional who can provide you with the best course of action.

At Swingle Levin LLC, we have the experience needed to craft a drug possession defense and fight drug possession charges in Georgia. We also understand how scary and overwhelming this process can be, so we are committed to reducing your stress significantly. Contact us today for a case evaluation.