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Seek skilled Decatur GA drug crimes lawyers to defend your rights. Expert legal guidance for drug charges to navigate the legal system effectively.
Author: J. Blake Ledbetter, Partner, Conoscienti & Ledbetter
Mr. Ledbetter specializes in civil litigation in metropolitan Atlanta, Georgia, and possesses vast experience in wrongful death lawsuits. Mr. Ledbetter was recognized as a SuperLawyers Rising Star in 2018 and 2019 in the area of Civil Litigation. Published on July 11, 2023. Updated on: September 26, 2023.
Georgia’s drug laws prohibit the unlawful use or handling of controlled substances in the state. Anyone suspected of being involved in those prohibited acts may be arrested by the police and charged with drug crimes.
Dealing with drug charges in Decatur, Georgia, could be overwhelming because the stakes are high. If convicted, you could spend a lot of time in prison. A conviction also leaves you with a criminal record that could affect your ability to turn your life around even after you have served your sentence. Hence, you must make every effort to defend yourself and avoid a conviction.
Defending a drug crime charge in the Decatur area of Georgia could be challenging because the state has different types of drug crimes, each with different elements. A defense strategy that succeeds with one may fail with another. As such, you may need help from experienced criminal defense attorneys if you hope to improve your chances before the judge.
Our competent Decatur drug crimes attorneys at Conoscienti & Ledbetter understand the elements and fine points of defending Georgia drug crimes. This understanding results from many years of experience representing clients facing drug charges across the state. We are fully prepared to take on your case, fight for your rights, and work with you toward a positive outcome.
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The drug crimes in Georgia include the following:
Having a controlled substance in your possession is a crime unless for those gotten with a valid prescription. Possession here could be constructive (when the drugs are found in an area you control but not on your person) or actual (the drugs are found on your person).
Drug Possession With Intent To Distribute
This drug charge may arise when the amount of drugs found on a person or in their custody is large enough to distribute or sell to other people.
Drug Manufacturing/ Cultivation
Drug manufacturing involves the processing, compounding, producing, and preparation of illegal drugs or controlled substances. Anyone involved in drug manufacturing and cultivation operations, such as running meth or ecstasy labs and grow houses, may face drug manufacturing or cultivation charges.
Sale of Controlled Substances
Selling controlled substances for money is a felony offense unless you have a valid license (where applicable).
Driving Under the Influence (DUI)
Decatur, Georgia, drivers found with the slightest quantity of drugs in their system while on the road may be charged with a DUI. The fact that a medical practitioner prescribed the drug is irrelevant and cannot be used as a defense if the drug is shown to impair your driving.
Drug trafficking under Georgia law involves the sale, possession, manufacture, delivery, or importation into the state of large quantities of controlled substances.
The critical element for this type of drug charge is the quantity of the drugs as set by the law. For example, under the law, cocaine trafficking must involve at least 28 grams of pure cocaine or 10 grams of cocaine if contained in a mixture. Anything less may not be considered drug trafficking.
Is Marijuana Possession a Drug Crime in Decatur, Georgia?
Although many states in the U.S. have reversed their position, Georgia law still maintains that it is a crime to sell, distribute, manufacture, purchase, or possess marijuana and its derivatives, including cannabis.
However, the law makes an exception for those who need a maximum of 20 fluid ounces of low-THC (a component of cannabis) oil for medical purposes. Such people need to be registered with the Department of Public Health with a valid registration card for the exemption to apply.
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The punishment for drug crimes includes imprisonment and payment of fines. The exact term or amount of fines may vary depending on several factors, including:
- The nature of the crime
- The weight of the drugs found
- The schedule of controlled substances the discovered drugs belong to
- Whether the defendant is a first, second, or subsequent offender
- The location where the crime occurred.
Some offenses may also attract additional penalties. For instance, a DUI conviction may lead to a driver’s license suspension.
Regardless of the specifics, a drug crime conviction is a big deal. Most of the above crimes are classified as felonies. Felonies attract a jail time of at least a year. Spending that much time in jail could forever alter the course of your life.
Secure your future by getting skilled felony drug crime attorneys to represent you throughout your case. Your chances of avoiding a conviction are better with one by your side.
How Do You Beat a Drug Charge in Georgia?
Being charged with a drug crime in Decatur, Georgia, does not necessarily mean that you will be convicted. The prosecution must prove beyond reasonable doubt that you committed the alleged offense.
That said, there are several ways to defend yourself against a drug charge in Georgia. Here are three of the most common:
1. Challenging the legality of the search or seizure
Under the Fourth Amendment, you have a right to be free from unreasonable searches and seizures. If law enforcement officers violate this right while obtaining evidence against you, it may be excluded from the case.
2. Claiming lack of knowledge or possession
In some cases, individuals charged with drug crimes may not have been aware that they were in possession of controlled substances. For instance, if you borrowed a friend’s car and they had drugs in their car without your knowledge, you cannot be held accountable.
3. Mental incapacity
If the accused was mentally incapacitated at the time of the offense, it may serve as a valid defense. This could include involuntary intoxication or an underlying mental illness that caused them to commit the crime.
Our Decatur drug lawyers are prepared to defend you no matter the type of drug charge you may face. Some of the specific ways our drug crime lawyers can help your case include the following:
- As drug crime attorneys and criminal defense attorneys, we can assess your case and formulate an appropriate defense strategy for you that is tailored to the specific drug crime you’ve been charged with.
- We can provide sound legal advice throughout your case to help you make informed decisions about your defense where necessary.
- As part of your defense strategy, we can review the prosecution’s evidence, cross-examine their witnesses, and do all we can to puncture holes in their case against you.
- In many cases, your conviction depends on the members of the jury. Our skilled drug crime attorneys know how to advance solid arguments to convince the jury to decide in a client’s favor.
- In deserving cases, we can help you negotiate an acceptable plea deal with the prosecution so that your punishment isn’t too severe.
Our goal is to represent you throughout your trial, defend your interests, and work towards getting your charges dropped or dismissed or getting your sentence reduced depending on the circumstances. Having us as your ally might be all you need to overcome your criminal charges.
Contact Your Decatur Drug Crime Lawyers at Conoscienti & Ledbetter
If you have further questions about your Decatur drug crime defense, don’t hesitate to get in touch with us for answers and working solutions.
We understand that criminal trials can be unpredictable. With the skills we’ve gained from our years of experience in helping clients charged with drug crimes, you can trust that we are prepared to respond to any surprises that the prosecution may spring in court.
You can rely on the lawyers at our law firm for solid legal representation and outstanding service delivery throughout your trial. Get in touch with our lawyers today to set up a free consultation to assess your case and begin your defense.