Defending People In Georgia Charged With Drug Crimes
The state of Georgia has some of the toughest drug offense laws in the south. Prosecutors can be relentless, often seeking the harshest penalties allowed by law. Even first-time offenders with no criminal record could be facing steep fines plus time in jail or prison. If you’ve been charged with a drug crime in Georgia, we can help.
As a former assistant district attorney, Matt Crosby has firsthand knowledge of how prosecutors work. He has the knowledge and experience to protect your rights and fight for your freedom.
Drug Offenses We Defend
In Georgia, not only are drugs like marijuana, THC, cocaine, and methamphetamine considered controlled substances but so are the compounds used to manufacture them. This broad definition of “controlled substances” is part of efforts on the part of the federal government and the state of Georgia to “crackdown” on the use of illegal drugs. Drug offense charges we regularly defend include:
- Charges related to possession of marijuana, THC, cocaine, opioids and prescription drugs, and methamphetamines
- All other controlled substances
- Possession with intent to distribute or drug sale
- Drug trafficking
- Civil forfeitures related to drug offenses
Building A Defense Against Your Charges
Representing a client accused of drug offenses always starts by getting a thorough understanding of what happened at the arrest. Just because you are in a vehicle or a home where drugs are found does not mean that you are guilty of possessing those drugs. The state must prove that you had both the ability and intention to exercise control over them. Merely being in close proximity to drugs is not enough, especially when others had equal access to them.
Law enforcement agencies can sometimes be too aggressive in carrying out their duties and overstep their bounds in drug cases. It is not uncommon to find arrests that result from searches made without a warrant, without probable cause and without consent. We even see clients who feel intimidated into granting officers access to their homes or vehicles. By aggressively challenging these improper searches and seizures on the part of law enforcement, we may be able to get charges reduced or dismissed altogether.
Frequently Asked Questions On Drug Charges In Georgia
Drug possession charges in Georgia can have serious legal consequences, but the severity of penalties depends on various factors, including the type and quantity of the drug, prior criminal history and intent. Below are answers to some frequently asked questions regarding drug possession charges in Georgia.
How does intent to distribute differ from simple possession?
Intent to distribute means the prosecution believes the person was not just in possession of drugs for personal use but intended to sell or distribute them. This charge is often based on factors such as the quantity of the drug, packaging materials, large amounts of cash or communications suggesting drug sales.
On the other hand, simple possession is having a controlled substance for personal use without evidence of distribution. The penalties for intent to distribute are more severe than for simple possession.
Do first-time drug offenders go to jail in Georgia?
First-time drug offenders in Georgia may face jail time, but in many cases, alternatives are available. The severity of the charge and the type of drug involved play a significant role.
For example, possessing a small amount of marijuana may result in a fine or probation, whereas possessing certain controlled substances could lead to harsher penalties.
However, courts often offer first-time offenders options like diversion programs or conditional discharge, which can help them avoid incarceration.
Are there diversion programs available for first-time offenders in Georgia?
Yes, Georgia offers diversion programs for first-time drug offenders, such as drug court and pretrial diversion programs.
These programs involve drug treatment, education and regular court monitoring. Completing a diversion program may result in reduced charges or even case dismissal, allowing offenders to avoid a permanent criminal record.
How can I beat a possession charge in Georgia?
Fighting a possession charge in Georgia depends on the circumstances of the case. Common defenses include:
- Challenging an illegal search and seizure
- Proving a lack of knowledge of the drugs
- Disputing the actual possession
An experienced criminal defense attorney can review the case and determine the best strategy for reducing or dismissing the charges.
Contact Matt Crosby, An Experienced Attorney In Defending Drug Charges
To discuss drug charges with Mr. Crosby, call Crosby Law at 678-981-7184 or fill out our online form to request a consultation.
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