Drug possession charges can result in serious consequences, even for first time offenders. In Georgia, possession of any drug other than marijuana could result in a felony conviction and years in prison. An experienced criminal defense attorney in your area can review the specifics of your case and come up with an effective defense strategy to defend you against these drug charges. Here are some of the most common defense strategies used in drug possession cases.
To be convicted of drug possession, prosecutors must establish, beyond a reasonable doubt, that you were knowingly in possession of the drugs. You and your attorney can argue that the drugs did not belong to you and that you were unaware that they were in your possession.
Claiming illegal search and seizure
Under the Fourth Amendment, law enforcement is required to follow lawful search and seizure procedures before arresting you for drug possession. If law enforcement violated your Fourth Amendment rights, any evidence obtained during the illegal search cannot be used by prosecutors to prove their case against you. Your attorney can establish that the search was illegal and file a motion to suppress the evidence.
Denying that the substance was an illegal drug
Another defense strategy may be to claim that the substance that was seized from your home or vehicle was not an illicit substance. Prosecutors will then be forced to obtain testing to prove that the substance was in fact an illegal drug.
The specific defenses used to defend you will depend on the facts and circumstances surrounding your case. Consulting with an attorney as soon as possible can give you the best chance at having your charges dismissed or your sentence reduced.