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The key to beating any criminal charge is to have strong evidence supporting either your innocence or failures made by law enforcement. In cases of drug trafficking, the penalties can be extremely severe, including incarceration and high fines. Because laws pertaining to drug trafficking are so complex, it is crucial to have the help of a skilled attorney who can guide you through the legal process and jargon. A Georgia drug attorney can help you build a strong case for your defense.

The Role of a Defense Attorney

The United States was founded on the core principle of the importance of a fair trial. Everyone is entitled to defend themselves in court, and the role of a defense attorney is to ensure that you are defended fairly and justly. In addition to representing you in court, a defense attorney can also be involved in the pre-trial process, including interviews with law enforcement, studying collected evidence, and making plea deal propositions on your behalf.

Know Your Rights

As a citizen of the United States, your constitutional rights are important to defend. Understanding your rights is essential to building your case.

Unlawful Searches and Seizures

The Fourth Amendment protects you from unlawful searches and seizures. Although proving an unlawful search or seizure of drugs will most likely not cause your case to be dismissed, it is still important that your attorney is aware of it so that they may note it in court. Evidence collected unlawfully could be ruled inadmissible in court. You may have been unlawfully searched or your property unlawfully seized if:

• The officer searching you did not have a search warrant.
• The officer did not have probable cause to believe that you were engaged in criminal activity.
• You were being searched for suspicion of one criminal activity but charged for something else found during the search.

Proof of Evidence

Before being punished for a crime, it must first be proven that you committed the crime beyond a reasonable doubt. “Innocent until proven guilty” is more than a saying—it is the law. When facing a drug trafficking charge, it is important to remember that, in order to be convicted, law enforcement personnel and the prosecution must have evidence of you being in possession of illegal substances.

Miranda Rights

Federal law states that you must be made aware of your rights before you are detained for any criminal charge. This is a process that is taken very seriously and has great potential to work in your favor if not handled correctly. There have been instances in which cases have been completely thrown out of court because law enforcement detained and questioned an individual before reading them their Miranda Rights.

Important First Steps to Take in Your Drug Crime Case

Aside from hiring a lawyer who will be able to guide you through interviews and trial, there are a few other things you may want to do if you are under investigation.

Gather Evidence

The most important thing to do once you have been charged with trafficking drugs is to gather evidence that could work in your favor. An example of such evidence would be a strong alibi whose testimony could disprove an allegation made by the prosecution. Any evidence with the potential to create doubt that you are guilty can be effective, and a lawyer can work to collect it on your behalf.

Wait for Legal Counsel Before Speaking to Law Enforcement

The Fifth Amendment protects your right to remain silent when questioned about something that may lead you to incriminate yourself. The job of law enforcement is to gather evidence, and oftentimes, this evidence will be used by the prosecution against you in court. Therefore, it could be helpful for you to remain silent until an attorney with experience in drug charges can advise you.

Hire the Right Lawyer

Drug trafficking laws are intricate and complex, which is why you should hire a lawyer who is experienced in that specific field. Someone who knows the details of these specific laws can catch technicalities that others may miss. In the face of mandatory sentencing, you’ll want to hire a skilled lawyer who can build a strategic defense.

The Benefits of a Plea Bargain

It is oftentimes difficult to be completely cleared when charged with trafficking drugs. However, there could be ways to make the penalties less severe. In the case that the prosecution has substantial evidence against you, it could be wise to admit to your guilt in exchange for a lesser sentence. An experienced drug trafficking defense attorney can help you determine whether a plea bargain is the right route for you.

FAQs

Q: Can I Be Acquitted of a Drug Trafficking Charge in Georgia?

A: The key to beating any charge brought against you is to hire a lawyer who understands your rights. Even in the case that you are guilty, mistakes made by law enforcement officials can help your case. Unlawful searches and seizures, mishandled evidence, and cases of entrapment have the potential to weaken the evidence that is brought against you.

Q: What Is the Mandatory Minimum Sentence for Drug Trafficking in Georgia?

A: The minimum sentence you will be given for drug trafficking will vary depending on what drug and how much of it was trafficked. Possession or distribution of less than one gram of Schedule I or some Schedule II drugs may only require one to three years of imprisonment. In cases relating to larger dosages, however, the time of imprisonment may be longer, and large fines may be imposed.

Q: Can You Get Probation for Drug Trafficking in Georgia?

A:  It is possible to receive a probation sentence for drug trafficking in Georgia in the case that it is your first offense. The court may decide that a better fit for you would be a rehabilitation program, in which case you would receive education and training before re-entering society.

Q: Can You Get a Bond for Drug Trafficking in Georgia?

A: In most cases involving drug trafficking, defendants are held without bond because of the risk of flight. For the same reasons, the bonds granted are typically so high that they cannot be paid. This is why it is crucial to hire an attorney who is able to build a strong defense on your behalf.

Contact The Law Office of Lawrence J. Zimmerman

If you have been arrested for drug trafficking, do not attempt to face the charges alone. The most important step you can take is to allow an experienced attorney to guide you through this complicated legal process. Contact the team at The Law Office of Lawrence J. Zimmerman today so that we can build a strong defense on your behalf.