Drug charges in Georgia can have serious consequences, including jail or prison time, fines, probation, and a permanent criminal record. A drug arrest can also affect your employment, professional opportunities, reputation, and future. If you have been charged with a drug crime in Marietta or elsewhere in Cobb County, it is important to understand your rights and legal options as soon as possible.
At Waid Law Firm, LLC, we provide experienced criminal defense representation for individuals facing drug charges in Marietta, Cobb County, Fulton County, and throughout the Atlanta metropolitan area. Attorney Addison Waid is a former prosecutor, giving him valuable insight into how the State investigates, evaluates, and prosecutes criminal cases.
Waid Law Firm, LLC is conveniently located at 399 Washington Ave NE, Marietta, GA 30060, near the heart of downtown Marietta and the historic Marietta Square area. The office is easily accessible from Washington Avenue, Roswell Street, North Marietta Parkway, Cobb Parkway (U.S. 41), Church Street, Lawrence Street, Whitlock Avenue, and Atlanta Street. The firm serves clients throughout downtown Marietta, East Marietta, West Marietta, Cobb County, and surrounding communities, as well as clients traveling from nearby areas throughout the greater Atlanta metropolitan region. With convenient access to major routes including I-75, Waid Law Firm provides accessible criminal defense representation for individuals facing drug charges in Marietta and throughout Cobb County.
Our goal is to carefully examine the evidence, protect your constitutional rights, and develop a defense strategy based on the specific facts of your case.
Call Waid Law Firm, LLC at 470-458-9866 to speak with a Marietta drug crimes defense attorney about your case.
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Drug Charges We Defend
Georgia drug laws cover a wide range of offenses. Depending on the substance, quantity, circumstances, and allegations involved, a drug offense may be charged as a misdemeanor or felony.
Waid Law Firm represents clients facing charges involving:
- Drug possession
- Marijuana possession
- Possession of controlled substances
- Prescription drug offenses
- Possession with intent to distribute
- Drug sale or distribution
- Drug trafficking
- Manufacturing controlled substances
- Counterfeit controlled substances
- Drug charges resulting from traffic stops
- Drug charges involving vehicle or home searches
- Repeat drug offenses
The potential consequences can vary significantly depending on the specific charge and circumstances. An experienced attorney can review the allegations and explain what they may mean for your case.
Understanding Drug Possession Charges
Drug possession cases can involve either actual possession or constructive possession.
Actual possession generally means an alleged controlled substance was found directly on a person or in an area under their immediate control.
Constructive possession can be more complicated. A person may be accused of possessing drugs even when the substance was not physically found on them. For example, drugs may be discovered inside a vehicle, residence, room, or another location accessible to multiple people.
In these cases, the prosecution may attempt to establish that the accused knew about the substance and had the ability and intent to control it. Simply being near an alleged controlled substance does not necessarily establish every element of a possession offense.
Waid Law Firm can examine the location where the substance was found, who had access to it, and what evidence the prosecution has connecting you to the alleged drugs.
Possession With Intent to Distribute
A possession charge can become more serious when prosecutors allege that the substance was possessed with an intent to distribute.
The State may rely on factors such as the quantity or packaging of the substance, communications, money, alleged drug paraphernalia, statements, or other evidence.
Waid Law Firm can investigate whether the evidence actually supports the allegation of intent to distribute and whether law enforcement followed proper procedures during the investigation.
Drug Trafficking Charges
Drug trafficking allegations can result in extremely serious criminal penalties. Georgia trafficking laws can depend on the type and amount of the alleged substance, and certain trafficking offenses may carry significant mandatory sentencing consequences.
Because of the potential penalties, trafficking cases require careful investigation and experienced defense representation.
Waid Law Firm can examine how the alleged drugs were discovered, who possessed or controlled them, how the substance was identified, and whether the prosecution can establish the elements required for a trafficking conviction.
Defenses to Georgia Drug Charges
A drug arrest does not automatically mean the State has enough evidence to obtain a conviction. Depending on the circumstances, several legal defenses or challenges may be available.
Illegal Search or Seizure
If law enforcement obtained evidence through an unconstitutional search or seizure, an attorney may be able to challenge whether that evidence should be admitted in court.
Unlawful Traffic Stop
Many drug cases begin during traffic stops. The reason for the stop, what happened during the encounter, and the circumstances leading to a search can all be important to the defense.
Lack of Probable Cause
The circumstances surrounding an arrest or search should be carefully examined to determine whether law enforcement had the legally required basis for its actions.
Lack of Knowledge or Control
Constructive possession cases can raise important questions about whether the accused actually knew about the substance and exercised control over it.
Drug Testing and Identification
The prosecution may rely on laboratory testing to identify an alleged controlled substance. Testing procedures, evidence handling, documentation, and chain-of-custody issues may therefore be relevant.
Miranda and Interrogation Issues
Statements made during an investigation can become evidence. An attorney can review whether law enforcement properly respected the accused’s constitutional rights during questioning.
Insufficient Evidence
The State has the burden of proving the charges beyond a reasonable doubt. If the evidence does not sufficiently establish the required elements of the offense, that may provide an important defense.
Possible Alternatives to Jail
Not every drug case results in a conviction or incarceration. Depending on the offense, criminal history, jurisdiction, and individual circumstances, some defendants may qualify for alternative resolutions or sentencing options.
Potential options may include negotiated reductions, diversion programs, conditional discharge, First Offender treatment where legally available, probation, treatment-related alternatives, or other resolutions.
Eligibility depends on the specific circumstances of each case, and no particular result can be guaranteed. An attorney can review your situation and determine whether an alternative resolution may be available.
Why Choose Waid Law Firm?
Former Prosecutor Experience
Attorney Addison Waid’s experience as a former prosecutor provides valuable insight into the prosecution of criminal cases. This experience can help when evaluating evidence, identifying weaknesses, and developing a defense strategy.
Personalized Defense
Every drug case is different. Waid Law Firm takes the time to understand the circumstances surrounding the arrest and develops a defense strategy tailored to the individual case.
Criminal Defense Experience
Drug charges can range from relatively minor offenses to serious felonies carrying substantial penalties. Waid Law Firm provides criminal defense representation for clients facing a wide range of charges.
Trial Preparation
When a favorable resolution cannot be reached through negotiation, thorough trial preparation may be necessary. Waid Law Firm can challenge the prosecution’s evidence and protect your rights throughout the court process.
Common Drug Charges in Georgia
Possession and Sale of Marijuana
Misdemeanor: Possession of 1 ounce or less (up to 12 months in jail, and/or a $1,000 fine)
Felony: Possession of more than 1 ounce or possession with intent to distribute any amount (1 to 10 years in prison and/or fines up to $100,000)
While there is no such thing as a “legal limit” in Georgia, if a driver has a blood or breath alcohol content (BAC) of 0.08 grams or more of alcohol in his system, then there is a presumption of impairment. This presumption does not mean you are guilty. This type of case, just like all criminal cases, requires the State to prove your guilt beyond a reasonable doubt.
Possession of Controlled Substances
Penalties vary by Schedule and quantity:
A controlled substance in Schedule I or a narcotic drug in Schedule II:
- Possession of less than 1 gram (1 to 3 years in prison)
- Possession of 1 gram or more and less than 4 grams (1 to 8 years in prison)
- Possession of 4 grams or more and less than 28 grams (1 to 15 years in prison)
A controlled substance in Schedule II, other than a narcotic drug:
- Possession of less than 2 grams (1 to 3 years in prison)
- Possession of 2 grams or more and less than 4 grams (1 to 8 years in prison)
- Possession of 4 grams or more and less than 28 grams (1 to 15 years in prison)
A controlled substance in Schedule III, IV or V:
- Possession in any amount (1 to 3 years in prison)
A counterfeit controlled substance:
- Possession in any amount (1 to 2 years in prison)
Sale or Distribution of Controlled Substances
Penalties vary by Schedule and quantity:
A controlled substance in Schedule I or Schedule II:
- Sale or distribution (5 to 30 years in prison for a 1st offense, 10 to 40 years or life in prison for a 2nd offense)
A controlled substance in Schedule III, IV, or V:
- Sale or distribution (1 to 10 years in prison)
A counterfeit controlled substance:
- Sale or distribution (1 to 10 years in prison)
Drug Trafficking
Trafficking charges carry mandatory minimum prison sentences:
Marijuana
- Trafficking more than 10 pounds and less than 2,000 pounds (5-year mandatory minimum prison term and a fine of $5,000)
Cocaine or Methamphetamines:
- Trafficking 28 grams or more and less than 200 grams (10-year mandatory minimum prison term and a fine of $200,000)
- Trafficking 200 grams or more but less than 400 grams (15-year mandatory minimum prison term and a fine of $300,000)
- Trafficking 400 grams or more (25-year mandatory minimum prison term and a fine of $1 million)
Heroin or Opium:
- Trafficking 4 grams or more and less than 14 grams (5-year mandatory minimum prison term and a fine of $50,000)
- Trafficking 14 grams or more but less than 28 grams (10-year mandatory minimum prison term and a fine of $100,000)
- Trafficking 28 grams or more (25-year mandatory minimum prison term and a fine of $500,000)
How Georgia Classifies Drugs
Controlled substances are classified under Georgia’s Schedules I–V, based on medical use and potential for abuse:
- Schedule I: High abuse, no medical use (Heroin, ecstasy, LSD)
- Schedule II: High abuse, limited use (Cocaine, meth, oxycodone)
- Schedule III: Moderate abuse (Steroids, ketamine)
- Schedule IV: Low abuse (Xanax, Valium)
- Schedule V: Lowest abuse (Cough meds with codeine, pseudoephedrine)
Charged With a Drug Crime in Marietta?
Waid Law Firm serves clients throughout Marietta, Cobb County, Fulton County, and the greater Atlanta metropolitan area.
If you have been arrested or charged with a drug offense, do not assume that a conviction is inevitable. The State must prove its case, and the circumstances surrounding the investigation, search, arrest, and evidence can all matter.
An experienced Marietta drug crimes lawyer can review your case, explain your legal options, and help you determine the best strategy moving forward.
Schedule a Confidential Consultation with A Drug Crimes Law Firm in Marietta
At Waid Law Firm, LLC, we are committed to protecting the rights and interests of individuals facing drug charges in Georgia.
Call our team at 470-458-9866 to schedule a consultation and learn more about your legal options.
