Marietta Drug Possession Attorney

Simply being in possession of certain controlled substances in Georgia is enough to be convicted of a crime. While you may be facing jail time for a conviction, that outcome is not a foregone conclusion in your case.

At Waid Law Firm, LLC, we recognize that every criminal defendant is a person with their own families and circumstances. That means that we will take the time to understand your specific situation, while getting to know you and what you are facing. Attorney Addison Waid is a former prosecutor with deep experience in the criminal justice system, and he will put that knowledge to work for you as you seek the best possible outcome in your drug possession case.

Waid Law Firm, LLC is located at 399 Washington Ave NE, Marietta, GA 30060. Call us today at 470-458-9866 to schedule a free initial consultation.

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The Classification of the Drug Determines the Severity of the Charges

Georgia law treats drug possession differently, depending on the nature of the alleged substance involved. Certain types of drug possession are charged more seriously than others. The charges that you face would be based on both the amount of drug you are accused of possessing, along with the type of substance that it is.

Here are the applicable schedules under Georgia law:

• Schedule I drugs: These have the highest potential for abuse. Schedule I substances include heroin and certain opioids. This crime is charged as a felony, and the penalties depend on the amount of drugs that you are alleged to possess, with the maximum sentence being 15 years.
• Schedule II drugs: These drugs have the highest potential for abuse, but they also have a recognized medical use. Schedule II drugs include cocaine, fentanyl and morphine. The potential jail sentence is largely the same as one would receive for possession of a Schedule I controlled substance.
• Schedule III, IV and V drugs are typically medications that you are alleged to have possessed without a prescription. These drugs have a lower potential for abuse than the prior two categories. Medications containing codeine and anabolic steroids are examples of drugs that fall into these categories.

When May Drug Possession Charges Be Elevated?

Sometimes, the law will infer something more than just possession based on the amount of drugs that are allegedly involved in your case. Georgia law provides for possession with intent to distribute charges if you are accused of having a certain amount of illegal substances or when other circumstances are present.

For example, intent can be inferred from the following:

• Possession of an amount of drugs that is not consistent with personal use (there is no threshold amount under Georgia law, although this fact alone can be enough to be charged with possession with intent to distribute)
• Communications that show an intent to sell the drugs
• Possessing packaging materials for distributing the drugs
• Possession of large amounts of cash

The exact penalty depends on whether the substance was scheduled I or II or marijuana. A first offense of the former is punishable with 5 to 30 years in prison. marijuana possession with intent to distribute is punishable by 1 to 10 years in jail.

Defenses to Drug Possession Charges

The prosecutor must prove intent for you to be convicted of drug possession charges. In other words, the prosecutor must demonstrate that you intended to possess the substance and that it was controlled, but they do not need to show that you knew it was illegal, since ignorance of the law is not a valid defense.

Your Marietta drug possession lawyer may use the following defenses in your case:

• You did not know that you had drugs in your possession.
• Law enforcement entrapped you into coming into possession of illegal drugs.
• Police gained access to the evidence through an illegal search or seizure.
• There were issues with the chain of custody of the evidence

Drug Possession Charges Do Not Always Mean Prison

There are two potential ways that you can avoid a conviction in your drug case that could give you a lasting Criminal record.

• Both Fulton and Cobb counties offer some sort of pretrial diversion that may be offered by the prosecutor. These programs focus on low-level and first-time offenders. There are typically conditions attached to participation in this program. Pretrial diversion occurs prior to the point where your case would be adjudicated.
• Both of these counties also have specialized drug courts for eligible felony offenders, which are administered by the court as a form of accountability. Each county has its own requirements for eligibility. Typically, drug court may be an option for those defendants who have substance abuse disorders, committed a non-violent crime, and are willing to undergo the treatment required by the court.

Participation in both of these Alternatives is not assured in any case. The prosecutor is the one who determines whether to offer pretrial diversion, and a judge exercises their discretion to determine whether you are able to participate in drug court. Hiring a Marietta drug possession attorney may improve your chances because they can state your case for you effectively.

Contact a Marietta Drug Possession Defense Law Firm

Whether you are facing misdemeanor or felony charges for drug possession, a conviction will mean a serious disruption to your life and that of your family. When you are in this situation, get legal help from a Marietta drug possession attorney at Waid Law Firm, LLC. Speak to a lawyer during a free initial consultation by messaging Us online or by calling us today at 470-458-9866.