A conviction for breaking Georgia’s drug possession laws can have a lasting impact on the rest of your life. Proactively addressing the reasons for your drug crime arrest with a local Atlanta drug defense attorney can help limit this impact, potentially leading to investigators dropping charges or the legal process concluding without you having a criminal record. Below, we highlight answers to common questions regarding Georgia’s drug possession laws and the steps you can take to prove your innocence and secure your freedom.
How Can I Get My Drug Possession Charge Dismissed?
It’s one of the most common questions clients ask when speaking with a drug defense lawyer about their case. The answer to the question “How can I get my possession charge dismissed?” depends on the type of charge, your criminal history, and the evidence against you.
Options for ensuring your charges are dismissed can include:
- Participation in Drug Court
Georgia prosecutors may authorize your participation in drug courts to dismiss the charges against you. Drug courts create legal outcomes without you having to go through the arduous judicial process and completion of the drug court program may lead to the possession charges against you being dismissed.
- Conditional Discharge
Under Title 16 Chapter 13 Section 2 of the Georgia Criminal Code, those charged with a first drug possession offense may have a condition discharge pending probation orders. Upon completion of the probationary period, charges will then be dismissed.
- Deferred Adjunction or Disposition Under the Georgia First Offenders Act
Under the Georgia First Offenders Act, you may receive a deferred adjudication of your possession charges with a guilty plea. The court may impose specific conditions for the deferred adjudication, including completion of treatment programs.
- Prosecutorial Dismissal
The prosecutors can move to dismiss charges when new evidence arises of your innocence or when there is a constitutional issue with the case. For example, a prosecutor may dismiss the possession charges against you if the evidence shows law enforcement conducted the search and seizure leading to your arrest illegally.
What Factors Influence Drug Possession Penalties?
Georgia charges illegal drug possession as a felony offense and while all felonies have severe legal punishments, the circumstances of your case dictate the sentence you receive. The factors that influence the severity of drug possession penalties in Georgia include:
The Quantity in Your Possession
If you’re caught driving with an ounce of marijuana in your vehicle, you may face a potential fine and a criminal record. Possession of 50 pounds of marijuana can lead to charges of possession with intent to distribute, which has a penalty of between 1 and 10 years in prison.
Your Intentions
While intentions are subjective, prosecutors can prove intent by using evidence of communications between you and other parties regarding the drugs and their intended use. For example, prosecutors may file an intent to distribute charge where communication evidence shows your intent to sell the drug at a specific meeting time and location.
The Drug Schedule
Under the Federal Comprehensive Drug Abuse Prevention and Control Act of 1970, the DEA maintains a drug schedule list categorizing controlled medications and illicit substances. The five drug schedules range from Schedule I – drugs with the highest risk of abuse to Schedule V – drugs with the lowest risk of abuse. Possession charges relating to a Schedule I substance such as Heroin, Marijuana, and LSD carry the heaviest penalties under Georgia law.
Will I Lose My License for a Possession Drug Conviction In Georgia?
Georgia courts generally restrict driving privileges for those with a drug possession conviction. The length of the license suspension depends on the specific charges, for example, whether you were driving while in possession and the schedule of the drug in your possession. Simple possession of a small amount of marijuana may not result in the loss of your license. However, if you are under the influence of marijuana while driving and in possession, you can face significant penalties.
In most possession cases, the law in Georgia is as follows: for a first conviction, you can face a minimum 180-day license suspension. A second conviction within five years will lead to a minimum 1-year license suspension. A third conviction in five years will lead to a 5-year license suspension. Your drug defense attorney may be able to seek charge dismissal based on your enrolment in a pretrial diversion program to prevent you from losing your license.
What Are Drug-Related Objects?
Possession charges not only apply to the substance but to drug-related objects. Georgia law defines drug-related objects as follows:
…” any machine, instrument, tool, equipment, contrivance, or device which an average person would reasonably conclude is intended to be used for one or more of the following purposes:
(A) To introduce into the human body any dangerous drug or controlled substance under circumstances in violation of the laws of this state;
(B) To enhance the effect on the human body of any dangerous drug or controlled substance under circumstances in violation of the laws of this state;
(C) To conceal any quantity of any dangerous drug or controlled substance under circumstances in violation of the laws of this state; or
(D) To test the strength, effectiveness, or purity of any dangerous drug or controlled substance under circumstances in violation of the laws of this state.
Under this broad definition, drug-related objects can include the following:
- Pipes
- Bongs
- Rolling papers
- Scales
- Drug packaging material
The possession of drug-related objects is classified as a misdemeanor under Georgia law and carries a penalty of up to 12 months in jail or a fine of up to $1000.
What Do Prosecutors Have to Prove for a Conviction in a Possession Case?
There are two specific types of possession charges – actual and construction possession. In proving constructive possession charges, the state must show the person was aware of the drugs and their location and that they had control over them. For a conviction of actual possession, the state must prove the substance was on your person, for example, in a pocket or a purse.
Book a Free Case Consultation with Jeff Manciagli for Answers to Your Drug Case Questions
Jeff Manciagli is known as one of Georgia’s top drug defense lawyers, with decades of
experience helping clients avoid long sentences in drug possession cases. If you have a drug case question and require legal help on short notice, depend on Jeff Manciagli and his team to respond.
Request a free, no-obligation consultation at (404) 642-9080 to speak with Jeff directly.