Marietta Drug Possession Lawyer

Drug Possession

Marietta Drug Possession Attorney

The consequences of drug possession charges can be severe, making it imperative to have a Marietta drug possession lawyer on your side. In addition to harsh penalties that impact your freedom, you could face damage to your reputation and lose future employment opportunities.

The Law Office of Lawrence J. Zimmerman is dedicated to providing aggressive and strategic legal representation for those charged with drug possession. We have a strong understanding of Georgia law and can build an effective defense strategy to lessen charges or sentencing.

Controlled Substance Schedule Classification

Controlled substances are regulated by the government because of their potential for abuse or dependency.

These drugs are categorized into schedules under the Controlled Substances Act. Classifications include:

• Schedule I: These substances have no accepted medical use and cause a high chance of abuse. Examples include LSD, heroin, and ecstasy.
• Schedule II: These drugs have a medical use but also carry a high possibility for abuse or dependency. Examples include methamphetamine, oxycodone, and fentanyl.
• Schedule III: These substances have a moderate to low potential for abuse and are more commonly accepted medical uses. Examples include metabolic steroids, ketamine, and codeine.
• Schedule IV: These drugs have a low potential for abuse but are commonly prescribed. Examples include Xanax, Valium, and Ambien.
• Schedule V: The least restricted, these drugs are often found in over-the-counter medications, such as cough syrups.

Penalties for Drug Possession Charges in Marietta, Georgia

Georgia’s drug possession laws are some of the strictest in the nation. The severity of sentencing depends on the type and amount of the controlled substance and prior criminal history.

Drug charges are also broken down into misdemeanors or felonies.

• Misdemeanor Drug Possession: Possession of less than one ounce of marijuana is generally charged as a misdemeanor, which comes with a fine and jail time.
• Felony Drug Possession: The possession of any amount of Schedule I or II drugs or larger amounts of marijuana is considered a felony offense. Convictions can result in long prison sentences.

A conviction for drug possession can also lead to a permanent criminal record that can prevent future job or housing opportunities. You may face a driver’s license or professional license suspension and be ineligible for federal student aid for college.

Because of the serious nature of drug possession charges, it’s imperative to have a knowledgeable drug possession defense attorney who can fight for your rights and explore options for diversion programs or case dismissal.

Common Defense Strategies in Drug Possession Cases

The Law Office of Lawrence J. Zimmerman explores every possible defense strategy when fighting for a client’s rights and freedoms.

Some common defense strategies include:

• Lack of Possession: If law enforcement discovered the drugs in a shared space, the prosecution must prove that the defendant possessed the drugs rather than another individual.
• Unlawful Search and Seizure: Individuals are protected from illegal search and seizures by the Fourth Amendment. If property was searched and drugs were seized without a warrant or probable cause, the case could be dismissed.
• Lack of Knowledge: If the defendant was unaware of the drugs, they can potentially avoid conviction. This could be the case when individuals borrow cars or share living spaces.
• Chain of Custody: The prosecution must properly handle and document seized drugs. Any errors or gaps in this chain of custody could make the evidence unreliable.
• Entrapment: Law enforcement is not permitted to coerce or trick anyone into committing a drug-related crime. If this occurs, the case could be dropped.
• Diversion or Rehabilitation Programs: First-time offenders may be given the option to attend a pretrial diversion program, which allows them to complete rehabilitation or community service in exchange for the dismissal of charges.

Navigating drug possession cases can be difficult. It’s important to have a knowledgeable legal professional on your side to help walk you through each step of the process and explain your rights and potential consequences in Marietta. A skilled attorney gives you the strongest chance of a reduced sentence, probation, or treatment programs in lieu of jail time or hefty fines.

Drug Possession FAQs

Q: How Do You Beat a Possession Charge in Georgia?

A: Beating a possession charge in Georgia requires a strong legal defense. Common strategies criminal defense lawyers use include unlawful search and seizure, lack of knowledge of the drugs, entrapment, and proving the substance was not illegal. A criminal defense lawyer may also challenge the prosecution’s evidence or negotiate for reduced charges. If law enforcement violated your constitutional rights during the arrest, your case may be dismissed entirely.

Q: Do First-Time Drug Offenders Go to Jail in Georgia?

A: First-time drug offenders in Georgia may face jail time, but not always. Sometimes, alternative sentences are given. This varies based on the type and amount of drug and if the charge is a misdemeanor or felony. Minor offenses might receive sentences of probation, diversion programs, or drug court. However, severe cases, such as felony possession with the intent to distribute, could lead to lengthy jail time.

Q: What Evidence Is Needed for a Drug Possession Conviction?

A: For a prosecutor to secure a drug possession conviction, they must prove that the accused knew of the drug’s presence. If the defendant did not know they had the drugs in their possession, it could be a valid defense.

Actual possession means the drugs were on the person, whereas construction possession means the drugs were in a location controlled by the defendant. Proof must be gathered that the drug was a controlled substance and that the drug was discovered lawfully.

Q: What Are Common Possession Sentences in Georgia?

A: The penalties for a possession charge in Georgia vary by the type and quantity of the substance. A misdemeanor marijuana possession comes with a fine and possible jail time, while a felony possession of stronger controlled substances, such as cocaine, can lead to much larger fines and lengthy prison time. Harsher penalties exist for offenders who intend to distribute substances.

Contact a Marietta Drug Possession Lawyer Today

If you have been charged with drug possession in Marietta, Georgia, it’s crucial to seek experienced legal representation. The Law Office of Lawrence J. Zimmerman is committed to defending the rights of people accused of drug-related crimes.

We can provide a thorough investigation of your case, develop a unique defense strategy, and challenge the prosecution’s evidence to achieve the most favorable outcome possible. Contact us today to schedule a consultation, and let us fight for your future.