Marietta Drug Trafficking Lawyer

Drug trafficking is an extremely serious charge that requires a vigorous criminal defense. If you have been accused of drug trafficking, it is essential to seek legal representation as soon as possible from a drug trafficking lawyer who knows the system.

Deep knowledge of the Georgia criminal justice system is something that Addison Waid has. He has been both a prosecutor and a criminal defense lawyer and can look at your case from all sides of the spectrum. When you hire Waid Law Firm, LLC for your case you can expect a knowledgeable attorney who treats you as a person and not a number. When you are going through this difficult time, you should expect nothing less.

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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What Are the Elements of Drug Trafficking Under Georgia Law?

Drug trafficking is defined in O.C.G.A. § 16-13-31. While you may think of drug trafficking as a law that targets kingpins, the reality is that many forms of conduct are covered under the law. To successfully prove drug trafficking charges, a prosecutor must have evidence that demonstrates the following:

• The drug at issue is classified as controlled in Georgia.
• The defendant knowingly possessed, sold, manufactured, delivered, or brought the substance into Georgia.
• The defendant knew the substance was present
• The amount of the drug met the trafficking threshold

The key words in these elements are “knew” and “knowingly.” Drug trafficking is a crime that requires intent. The prosecutor must prove that your actions were knowing, focusing on your understanding and awareness at the time you were alleged to have committed the crime. However, the prosecutor does not have to prove actual knowledge. They can demonstrate this element through circumstantial evidence that includes:

Trafficking Can Be Inferred Based on the Alleged Quantity of the Substance

As you can see from the elements listed above, simply being in possession of a certain amount of drugs is enough to be charged with drug trafficking. It does not matter whether you actually sold the drugs or intended to do so. The prosecutor is able to infer intent just from the amount of drugs that you are alleged to have possessed because it would be inconsistent with personal usage.

Quantities of specific drugs that can lead to trafficking charges are as follows:

• Cocaine: 28 grams or more
• Methamphetamine: 28 grams or more
• Marijuana: more than 10 pounds
• Heroin and certain opioids: 4 grams or more

What Is the Difference Between Drug Trafficking and Possession with Intent to Distribute?

Possession with intent to distribute and drug trafficking charges can both be filed based on the amount of drugs at issue. Possession with intent to distribute can be inferred based on having an amount of drugs that is inconsistent with personal use, although that may be just one piece of evidence that the prosecutor uses. Drug trafficking is a criminal charge that is based solely on the amount of drugs involved in the case. If you are alleged to have possessed more than a certain amount, the charges can rise to drug trafficking.

Penalties for Drug Trafficking in Georgia

Drug trafficking is considered one of the most serious types of drug charges under Georgia law. It is charged as a felony, and a conviction carries substantial penalties. The actual jail sentence is determined based on quantity and the judge’s discretion. Each type of substance covered by the law has its own sliding scale that determines the severity of the punishment. Typically, there are three potential ranges for each substance. For example, these are the punishments for cocaine trafficking, which are the strictest under the law.

• 10 to 30 years imprisonment and a fine of up to $200,000
• 15 to 30 years imprisonment, and a fine of up to $300,000
• 25 to 30 years imprisonment, with the possibility of a life sentence, and a fine of up to $1 million

Typically, the lower end of the sentencing range serves as a mandatory minimum, and the judge can only give a lesser sentence in limited circumstances.

Marijuana trafficking is punished based on its own rules, with mandatory minimum prison sentences of up to five, seven or ten years, depending on the amount of the substance alleged to be involved in your case.

Defenses to Drug Trafficking Charges

The prosecutor must prove every element for you to be convicted of drug trafficking. If you can either negate any of the elements, or show that your rights were violated, you may be acquitted of the charges. Your Marietts drug trafficking attorney can use one or more of the following defenses in your case:

• The evidence being used against you was seized in violation of your Fourth Amendment rights.
• Any drugs that you possessed weighed less than the amount necessary to be considered drug trafficking.
• You did not knowingly possess the substance (drug trafficking is a crime that requires intent).
• You did not actually possess the drugs.

Contact a Marietta Drug Trafficking Law Firm

A drug trafficking conviction can mean decades in prison. Do not leave your future to chance. At Waid Law Firm, LLC know how prosecutors build these cases because we have been in their shows. We know how to fight back on behalf of our clients.. Call Waid Law Firm, LLC today at 470-458-9866 or message us through our website to discuss your charges to discuss your case in a free consultation and protect your rights.