If you have been arrested for a drug crime, you probably feel overwhelmed and confused, especially if it is your first offense. You are right to be concerned. Georgia is tough on drug violations, and depending on your charges, you could face serious prison time if convicted.
It might seem like your future, your career, and your relationships are all in jeopardy, but there is hope. You have options, and you’re not alone. Our drug crimes defense lawyers in Ellijay can help you understand your charges and work toward the best possible outcome.
At Speights Law, our team has over 122 years of combined experience advocating for people accused of criminal activity. Contact us today to find out how our Ellijay criminal defense lawyers can help with your drug crimes case.
How a Drug Crimes Attorney Can Help
If you are charged with a drug crime, overzealous prosecutors may go all-out to make sure you pay the price for your alleged actions. It is important to have an attorney on your side who can make sure you are treated fairly and your rights are protected.
Some of the ways our drug crimes defense attorneys in Ellijay may be able to help include:
Investigate Your Arrest
Law enforcement must follow strict procedures when conducting searches and making arrests. If police violated your rights through an illegal search, lack of probable cause, or other misconduct, we may be able to:
- Get key evidence thrown out
- Challenge the legality of your arrest
- Seek dismissal of your case entirely
Build a Strong Defense
Every drug case is different. Whether you’re facing a misdemeanor possession charge or a serious felony, our attorneys will seek to build a strong defense for your situation. We’ll analyze the facts and evidence in order to identify weaknesses in the prosecution’s case.
Argue for Reduced Charges
When appropriate, we may work with prosecutors to negotiate for lesser charges or explore plea agreements that minimize the long-term consequences of a conviction. Success often depends on your previous criminal record and the severity of your charges.
Pursue Alternatives to Jail
You may be eligible for options that can help you avoid jail time and, in some cases, clear your record after successful completion. If possible, we’ll advocate for sentencing alternatives like:
- Drug court programs
- First-time offender programs
- Conditional discharge or probation
- Diversion programs
Protect Your Civil Rights
Just because you’ve been arrested doesn’t mean you’re guilty. The burden of proof lies with the prosecution, and we’ll make sure they remember that. Throughout your case, we will ensure your rights are upheld, and we’ll push back against any unfair treatment.
Penalties for Common Drug Crimes in Georgia
In Georgia, any drug charge is serious, but some carry harsher sentences than others. Our Ellijay drug crimes defense lawyers can help you understand the gravity of your situation and work toward a positive solution. Common drug penalties include:
Possession of Illegal Drugs
If you are caught in possession of Schedule I or II narcotics as defined under 21 USC § 802, you can be charged with a felony. The maximum penalty is 15 years in prison, though first-time offenders often get lighter sentences.
Possession of Marijuana
Some cities in Georgia have decriminalized the possession of small amounts of marijuana; however, possession of any amount remains illegal in Ellijay.
- Less than 1 oz is a misdemeanor, punishable by up to 12 months in jail and a $1,000 fine.
- More than 1 oz is a felony, and you could face up to 10 years in jail as well as a fine up to $5,000.
Possession of more than 10 pounds of marijuana is considered trafficking in Georgia. You can be charged with a felony and face a minimum five-year sentence.
Drug Trafficking or Distribution
If you are charged with drug trafficking and distribution, it is important to seek legal advice. These are serious felony offenses in Georgia, carrying severe penalties and mandatory minimum prison terms.
Charges related to trafficking depend on the type and amount of drugs involved. Possessing more than 28 grams of cocaine or methamphetamine results in at least 10 years in prison, while larger quantities can lead to 25 years and fines of up to $1 million.
Sentences can be even more severe if the offense happened near a school or involved minors. Convictions often lead to asset forfeiture, loss of civil rights, and long-term consequences beyond jail time.
Defenses for Drug Charges
When facing drug charges, remember that the prosecution must prove your guilt beyond a reasonable doubt. Our defense attorneys will carefully scrutinize your case to discover any legal or factual weaknesses that can help your defense.
Depending on the circumstances, several strategies may apply:
- Illegal Search and Seizure: If law enforcement searched your home, car, or person without a valid warrant or probable cause, any evidence they collected may be inadmissible in court.
- Lack of Possession: If drugs were found in a shared space like a vehicle or apartment, we may argue that you had no knowledge of the drugs and did not possess them.
- Chain of Custody Issues: If the evidence was mishandled or improperly documented after being collected, we can challenge its reliability or have it excluded.
- Entrapment: If an undercover officer pressured or coerced you into committing a crime you otherwise wouldn’t have, you may have a valid entrapment defense.
Every case is unique, and we’ll tailor your defense based on the specific facts and evidence involved.
Drug Crimes Defense Attorney in Ellijay
If you’ve been charged with a drug offense, it can feel like your whole world is falling apart. It’s tough to defend yourself against aggressive prosecutors and a criminal justice system designed to punish drug offenders.
Don’t try to face it alone. Get the legal help you need. Our drug crimes defense attorneys in Ellijay will investigate your charges and work for the best available outcome so you can put this event behind you.
At Speights Law, we’ve been fighting for the fair treatment of people accused of drug crimes since 2001. Call today to discuss your case and reclaim your future.
“We Have Evening and Weekend appointment available. We’re here to help.”
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(770) 479-1500