Preparing for the next phase in your drug case and learning the steps law enforcement will take can help you build a strong defense in your drug crime case. Drug crimes in Georgia have serious legal consequences, but with the guidance of an experienced Georgia drug crimes defense attorney, you can fight back and avoid heavy penalties. This post will explain what to expect when facing drug crime charges in Georgia.
Step 1: Arraignment and Bail
Within 48 hours of your arrest, law enforcement will take you to your local county courthouse for arraignment. During your arraignment, the judge will inform you of your legal rights and detail the drug charges against you. The judge will also confirm your identity and that there is probable cause for your drug charges.
The judge will then determine the terms of your bail. During your bail bond hearing, the judge will set a bail amount and provide conditions for your release. These conditions could include travel restrictions, abstaining from specific activities related to your offense, and check-ins with a bail officer.
Your bail amount will be determined based on:
- The severity of your offense
Drug trafficking cases involving large amounts will generally have more restrictive bail conditions than possession cases
- Your criminal history
Defendants with past drug convictions often face higher bail amounts
- Your perceived flight risk
Defendants with connections to other countries may face higher bail amounts and more restrictions on their bail conditions.
Step 2: Commitment Hearings
Defendants facing drug-related felony charges have the right to a commitment hearing. Typically, this hearing occurs when you file a not-guilty plea during your arraignment. A commitment hearing is a smaller-scale version of a trial in which the prosecutor must show a judge they have enough probable cause to send the case to trial.
During the hearing, the judge may drop the case or set a trial date if they determine there is enough evidence to proceed with conviction on your charges.
Step 3: Trial Preparation
As you prepare for trial, you should note that the courts may postpone or continue the date several times when the prosecution or your defense lawyer has a legitimate reason to change the date. Potential reasons for changing dates include schedule conflicts and new evidence.
During the trial preparation, the Georgia criminal courts will go through jury selection and voir dire, as the prosecution and defense lawyer determine who will sit in the jury box at your trial.
Step 4: Plea Bargains
The plea bargain process can begin at any point after the filing of charges. If the prosecution has a strong case against you, your criminal defense attorney may recommend a plea bargain to prevent a longer sentence.
The prosecution may also offer a plea bargain if they don’t believe there is enough evidence to avoid a long, challenging trial. A skilled and highly experienced criminal defense attorney can help you determine the strategic value of a plea and protect your legal rights to secure a fair plea agreement.
If you reach an agreement with the prosecution, a judge will review the signed document to ensure you knowingly and voluntarily waived your rights to trial and that there is a factual basis for the charges.
Step 5: Your Trial
As your trial date arrives, you will enter court with your criminal defense lawyer to face your charges in front of a jury. Your trial is the opportunity for your defense lawyer to prove to the jury there is an element of doubt in your case and then prove you’re not guilty of your charges. The stages of a Georgia jury trial are as follows:
- Opening statements
During opening statements, should they choose to make one, your defense lawyer will explain how they intend to prove your innocence of all charges and will introduce the case from your perspective.
- Presentation of evidence
Your legal team will present the evidence of your innocence, including cell phone data, surveillance footage, or chemical analysis of drug evidence.
- Closing statements
Once they’ve explained your case to the jury, the defense lawyer will close the case by clarifying your innocence and explaining the various mistakes the prosecutors have made. Skilled trial lawyers can help masterfully connect the pieces for the jury to improve the potential for a not-guilty verdict.
- The judge’s instructions to the jury
After your lawyer’s closing statements, the judge will instruct the jury on their role in deciding the case. The instructions may include guidance on the evidence highlighted and the legal framework for determining a guilty or not guilty verdict.
- Jury deliberations
The jury will then enter deliberations to determine their verdict in your case. Juries may deliberate for an extended time, weeks if necessary, to determine their verdict.
- Verdict delivery
The jury then reaches a verdict and returns to the court to confirm their verdict with the judge. The judge then enters their decision with the court. If you’re found guilty, the judge will either begin sentencing or set a date for sentencing. If you’re found not guilty, you can leave the court as long as you have no other charges against you.
Facing Drug Charges in Georgia FAQs
Can the severity of my charges be influenced by the location of my arrest in Georgia?
Yes, Georgia law places heavier penalties for drug crimes when the alleged crime occurs in a drug-free zone, such as near a school, a park, or a housing project.
What are the potential defenses my defense lawyer might use during plea negotiations?
During negotiations with prosecutors, your lawyer may be able to claim the following defenses:
- Entrapment: law enforcement coerced you to commit a drug crime you wouldn’t have otherwise committed
- Illegal search or seizure: law enforcement found drugs in question during a search or seizure that violated your legal rights
- Procedural errors: prosecutors made errors during your arrest or the chain of custody for the evidence in your case.
- Amount discrepancies: law enforcement incorrectly measured the substance for which you’re facing charges
- Substance questioning: the substance for which you’re facing charges is not a controlled substance under Georgia law.
Am I eligible for conditional discharge?
Eligibility for a conditional discharge depends on the specific facts of the case and your history with law enforcement. If this is a first-time offense, the judge may offer a first-time offender plea in which you plead guilty to lesser charges while facing specific probation conditions.
Should I hire a defense lawyer for the arraignment process?
Hiring a criminal defense lawyer at the earliest possible stages of your defense is the most effective way of avoiding a prolonged legal process and significant penalties. Book a free consultation with a criminal defense lawyer after your arrest and before your arraignment to explore plea options and build your drug charge defense strategy.
Review Your Case with Leading Atlanta, GA, Drug Charge Defense Lawyer Jeff Manciagli
With over 30 years of experience representing clients across Georgia facing drug charges, Jeff Manciiagli is a proven drug defense lawyer in the state’s courtrooms. He will fearlessly represent you in negotiations with prosecutors and help protect your rights from your initial free case review. Begin building your drug case defense today by calling our offices at (404) 642-9080 or booking a free, no-obligation case consultation with Jeff Manciagli.