Any drug charges will leave a mark on your record, and the impact extends far beyond the courtroom. A conviction will make it hard to get a job, be accepted for college or trade school, and even obtain life insurance.
A criminal defense attorney who knows Atlanta marijuana laws can protect your future.
Criminal law
The criminal law statutes that regulate marijuana offenses in Georgia are quite strict. It is against the state’s laws to possess, grow, sell, transport, distribute, dispense or purchase more than an ounce of marijuana. These offenses are felony convictions that can lead to years in prison and large fines.
If the offense occurs within 1,000 feet of a school, playground, park or drug-free commercial zone, penalties can increase to up to 20 years in prison and fines of $20,000. For prosecution to successfully charge you with possession with intent to distribute, they must prove that you had more than 10 pounds of marijuana in your possession and that you were taking additional steps to distribute such drugs. This could include a large amount of cash, multiple baggies, scales and a ledger to keep track of inventory.
Our Atlanta Marijuana Defense attorney can investigate whether police had a Constitutional basis to stop you and search your car or home for evidence of the offense. If he finds that there was no probable cause to conduct the stop or search, then any evidence obtained as a result will be suppressed and your case may be dismissed.
Drug dogs
Marijuana is the substance most commonly arrested for in Georgia, and a conviction can lead to jail time, significant fines, and a driver’s license suspension. Possession of marijuana can result in a misdemeanor or felony charge depending on the amount and whether it was with intent to sell or distribute the drug.
When police officers use drug sniff dogs during a traffic stop, they must follow certain rules to avoid infringing on an individual’s Fourth Amendment rights. For example, a dog sniff cannot be conducted until after the officer has checked a person’s license and registration, and the length of the traffic stop must not extend beyond the period of time necessary to complete those tasks.
Our Atlanta marijuana possession attorneys have experience challenging questionable police tactics used during detainment and drug dog searches. Our firm’s investigative skills can uncover police mistakes that may have led to a violation of your rights, and our attorneys are adept at achieving dropped charges in such cases.
Search and seizure
While some cities in Georgia have taken steps to decriminalize marijuana possession it is still a crime in all other areas of the state. Law enforcement officers are often very aggressive in seeking out and arresting individuals for this victimless crime. A competent Georgia drug lawyer can help a defendant fight these types of cases.
Officers commonly use the odor of raw or burnt marijuana as probable cause to search cars, apartments, and homes. However, if the marijuana is sealed in containers and not being used at the time of the stop this can be a great defense to the charges.
Possession of marijuana or any other type of controlled substance is a serious offense that can carry severe penalties including consequences to your Georgia driver’s license. A skilled Atlanta Marijuana Possession Defense Attorney can find procedural mistakes and rights violations in these cases that can turn your case around for the best result. Contact an experienced attorney immediately to fight your charges.
Constructive possession
Constructive possession means that drugs are not found on your person or within arms reach but they are somewhere you can access and exercise control over. This is much harder for the State to prove than actual possession.
It must be shown that you have knowledge that the drug is on or near your property and that you have the ability to maintain dominion and control over it. If there are multiple people with knowledge of the location and capability to exercise control over it, each individual can be considered to possess the drug jointly.
A criminal charge of Marijuana Possession in Georgia carries severe penalties including jail time, fines and community representation. It is important to have an aggressive and thoughtful legal defense when facing these charges. Our North Star team is experienced in fighting for clients with these kinds of drug offenses. Contact us today for a free case consultation. We will fight to wipe your record clean of unfair drug charges.