A Gwinnett County Drug Charge Attorney Explains Drug Crimes In Georgia

While attitudes toward certain drugs may be evolving, drug crimes are still among the most severe criminal charges you can face. The consequences of a conviction could include years in prison and heavy fines. An experienced Gwinnett County drug charge attorney can defend you against these charges and protect your future by getting a fair result.

How Drug Crimes Are Charged in Georgia

Generally speaking, drug crimes are charged according to two criteria:

The nature of the offense
The drug involved

For example, charges involving drug trafficking of a controlled substance, such as heroin, are likely to carry much more severe penalties than charges involving the simple possession of Xanax without a prescription. The police and prosecutors are usually over-aggressive when it comes to drug charges, and it’s possible that you have been charged with a crime you didn’t commit, and they can’t prove it. No matter what drug charges you are accused of, your first call should be to an experienced Gwinnett County drug charge attorney.

Georgia categorizes controlled substances into five schedules, similar to federal law. Schedule I drugs, such as heroin, LSD, and ecstasy, are considered the most dangerous and have no accepted medical use. Offenses involving Schedule I drugs typically carry the harshest penalties. Schedule II substances include cocaine, methamphetamine, and prescription opioids like Oxycodone. These also carry severe penalties, particularly for distribution or trafficking.

Schedule III through V substances include drugs with accepted medical uses and lower potential for abuse, such as anabolic steroids, Xanax, and cough syrups with codeine. However, unlawful possession or distribution of any controlled substance can still lead to felony charges depending on the amount and circumstances.

The schedule of the drug plays a critical role in how the crime is classified, the potential sentencing range, and whether mandatory minimums apply. Understanding the nuances of these classifications is essential in building a strong legal defense.

Charges for Drug Possession in Georgia

All drug charges are serious, but possession charges carry comparatively lighter sentences. Possession of a controlled substance is illegal in the state of Georgia and can be charged in two situations:

1. Actual possession, where you are accused of having drugs on your person

Imagine police search you during a traffic stop and find a small bag of cocaine in your jacket pocket. Because the drugs are physically on you, prosecutors could argue that you had actual possession. The location of the drugs and evidence connecting them to you may be used to support the possession charge.

2. Constructive possession, where you are accused of having drugs within your control or proximity

For example, police search a vehicle and find drugs inside the center console while you are driving. Even though the drugs are not physically on you, prosecutors could argue that you had constructive possession because you allegedly knew about the drugs and had control over the area where they were found.

Whether you are charged with actual or constructive possession, it’s important to remember that the prosecution must prove its case. In other words, it must prove you knew you were in possession of an illegal controlled substance. A Gwinnett County drug charge attorney can review the charges against you and determine the most effective defense strategy for avoiding a conviction.

In many cases, drugs may be discovered in a shared space such as a vehicle or apartment, making it difficult for the state to prove the substance belonged to any one individual. An attorney can file motions to suppress evidence obtained through unconstitutional searches or challenge the chain of custody, all of which can lead to reduced charges or even dismissal.

Charges for Intent to Sell or Distribute in Georgia

The next most serious drug charge is possession with the intent to sell or distribute the drug. Typically, these charges are brought based on circumstantial evidence, including items such as baggies or scales. This is because the prosecution rarely has evidence that directly demonstrates your actual intent. However, prosecutors will often bring charges for intent to sell or distribute in an attempt to get the accused to plead guilty to the lesser charge of possession. If you have been charged with intent to sell or distribute a controlled substance, working with a Gwinnett County drug charge attorney can help level the playing field.

Drug Trafficking Charges in Georgia

Drug trafficking charges are the most severe. They are based upon the weight of the drug found in your possession and do not require that the prosecution prove that you intended to sell or otherwise distribute the drugs. If convicted, you could face anywhere from 15 to 30 years in prison and be forced to pay hundreds of thousands of dollars in fines. You are at a grave disadvantage without an attorney, so it is imperative that you contact a Gwinnett County drug charge attorney as soon as possible if you have been charged with trafficking.

Drug Paraphernalia Possession

In Georgia, drug paraphernalia possession is a separate offense from possessing a controlled substance. Under O.C.G.A. § 16-13-32.2, it is unlawful for a person to use or possess with the intent to use an object or material for activities involving marijuana or a controlled substance. These activities include planting, growing, harvesting, manufacturing, processing, preparing, packaging, storing, concealing, ingesting, or inhaling a controlled substance.

The law focuses on the intended use of the object rather than requiring the person to actually possess drugs. Examples may include objects intended to prepare, package, store, or consume illegal drugs. A person can therefore potentially face a paraphernalia charge even when the controlled substance itself is not found. Under the statute, a violation of this provision is classified as a misdemeanor.

Prescription Drug Fraud

Prescription drug fraud in Georgia involves obtaining or attempting to obtain a dangerous drug through dishonest or deceptive methods. Under O.C.G.A. § 16-13-78, a person may violate the law by using fraud, deceit, misrepresentation, or subterfuge to obtain a dangerous drug or to have one administered. The statute also specifically prohibits forging or altering a prescription or written order.

Additionally, a person may be charged for concealing a material fact or providing a false name or address when attempting to obtain a dangerous drug. For example, using a forged prescription to obtain medication or giving false identifying information to a pharmacy could fall within this statute. The law applies to both successfully obtaining a dangerous drug and attempting to obtain one. A violation of O.C.G.A. § 16-13-78 is classified as a misdemeanor.

Defense Strategies in Drug Cases

Being charged with a drug-related offense can feel overwhelming, especially if you have never been arrested before. While things might initially feel hopeless, the good news is that you have options for fighting back. The right defense strategy could help you beat your drug charges and protect your permanent record. Some of the strategies our defense attorneys rely on include the following:

Illegal Search and Seizure

One of the strongest possible strategies involves the violation of your constitutional rights. Law enforcement officers have limits on when and where they can search. If they lack your permission or a warrant, they cannot seize evidence from your home or vehicle in most cases. Our attorneys can work to have any evidence obtained illegally thrown out in your case.

Lack of Evidence

Before the state can secure a conviction against you, it must be able to prove that you committed a drug offense beyond a reasonable doubt. This high burden of proof is not easy to meet, and there are many cases where the prosecution simply does not have enough evidence. One common strategy involves highlighting the weaknesses in the state’s case and arguing that it has not met this burden.

Lack of Intent

Drug crimes always have an intent element. In other words, it is not possible to accidentally commit a drug-related offense. If you can show you were unaware that you possessed a controlled substance, you might be able to beat the charges against you. Of course, the state can argue that you intended to violate the law even when that is not the case. Our Gwinnett county drug charge attorneys can help establish your true motivation.

Call Winters Law, LLC To Speak with a Gwinnett County Drug Charge Attorney Today

If you have been charged with a drug crime, you don’t have to leave your future in the hands of the prosecution. Instead, take control of your case by contacting Gwinnett County drug charge attorney Gabe Winters. He will evaluate your case and explain your options. Call or email us today to schedule your free consultation.

Frequently Asked Questions

What are some common legal defenses used in drug crime cases in Georgia?

There are many potential legal defenses in a drug case, from unlawful search and seizure to a lack of evidence. What matters most is finding an approach that suits the facts of your case. An attorney can review the circumstances of your arrest and determine which defenses may apply.

What is the process for a criminal drug case in Gwinnett County?

Although each case is different, the basic progression is the same for all criminal drug cases in Gwinnett County. After arrest, the accused will have an initial appearance and bond hearing, followed by an arraignment where charges are formally presented. The case may proceed to trial or result in a plea deal. Sentencing follows if a conviction occurs.

Is there a First-Time Offender Program for drug charges in Gwinnett County?

Yes, Georgia has a first-time offender program for drug charges. Georgia law offers options that may help some people avoid jail after a first drug offense. The First Offender Act can allow eligible defendants to avoid a traditional conviction, but not everyone qualifies. Your eligibility may depend on your criminal history, the type of drug charge, and the facts of your case. If you are facing a drug charge in Gwinnett County, an attorney can explain whether the first offender treatment may be available.

What counts as drug paraphernalia in Georgia?

Georgia considers drug paraphernalia to include items used or intended to be used to manufacture, prepare, package, distribute, or consume an intoxicating substance. Common examples include pipes, bongs, water pipes, syringes, roach clips, and cigarette papers. Equipment used to manufacture drugs, such as tubes or beakers, may also qualify. Likewise, items used to package or distribute drugs, including scales and small bags, can be considered paraphernalia depending on the circumstances and intended use.

What is the difference between drug possession and possession with intent to distribute?

In Georgia, drug possession and possession with intent to distribute are different offenses based primarily on the person’s purpose. Simple possession involves knowingly possessing or controlling a controlled substance without legal authorization. Possession with intent to distribute involves possessing the substance while intending to transfer, sell, or distribute it to another person. Georgia law treats possession with intent to distribute more seriously, with harsher penalties for many controlled substances. For example, under O.C.G.A. § 16-13-30, certain Schedule I or II offenses involving intent to distribute can result in 5 to thirty years’ imprisonment, depending on the circumstances.

Will I be charged with a felony or misdemeanor?

Whether you are charged with a felony or misdemeanor depends on the facts of your case. Misdemeanor drug charges generally involve smaller amounts of a controlled substance intended for personal use and may result in fines, probation, or up to one year in jail. Felony drug charges are more serious and may involve larger quantities or an alleged intent to sell or distribute drugs. Felony convictions carry harsher penalties and can have significant long-term consequences. The specific substance, amount, and circumstances of the case can affect the charges and potential penalties.