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Drug Possession Defense Attorneys

Drug-related offenses are some of the most common charges in the United States. If you have been arrested for drug possession, you should be aware that you are not alone. However, that doesn’t mean you should take the charges lightly. A conviction can have serious consequences that can affect your life for years to come. This is why it is important to contact a criminal defense attorney as soon as possible.

 

Need help with your drug possession case? Call us at (678) 680-5000 or contact us today for a consultation.

What Does “Possession” Mean?

Drug possession, as the name implies, refers to the act of having an illegal substance in your possession. However, this can be a somewhat complicated issue, particularly when it comes to the question of who had actual possession of the drugs. In some cases, possession may be “constructive”, meaning that the drugs were not actually on your person but were within your control. For example, if drugs were found in a vehicle that you were driving, you could be charged with possession, even if you were not the owner of the drugs.

 

What Is Drug Trafficking?

Drug trafficking is the act of transporting drugs from one location to another. This crime is considered a federal offense and is typically charged when a person is found to be in possession of a large quantity of drugs. If you are convicted of drug trafficking, you could face serious penalties, including mandatory minimum prison sentences.

 

What Are the Penalties for Drug Possession?

Drug possession penalties vary depending on the type of drug in question, the amount of the drug, and other factors. In general, drug possession is a felony offense, meaning that a conviction can result in substantial fines and lengthy prison sentences. In addition, a drug possession conviction can have a lasting impact on your personal and professional life. You may find it difficult to get a job, apply for college, or find housing if you have a drug conviction on your criminal record.

 

Understanding Your Rights in Drug Possession Cases

Facing drug possession charges can be overwhelming, but it’s crucial to know that you have rights that must be protected. At Crawford and Boyle, LLC, we believe that every individual deserves a fair chance in the legal system. Understanding your rights can empower you to make informed decisions about your case.

 

Here are some key rights you should be aware of:

 

  • Right to Remain Silent: You are not obligated to answer questions from law enforcement without a lawyer present.
  • Right to Legal Representation: You have the right to consult with an attorney before speaking to police or making any legal decisions.
  • Right to a Fair Trial: You are entitled to a trial by jury, where the prosecution must prove their case beyond a reasonable doubt.
  • Right to Challenge Evidence: You can contest the legality of the evidence obtained against you, which may lead to its dismissal.

 

Our experienced attorneys at Crawford and Boyle, LLC will work tirelessly to ensure that your rights are upheld throughout the legal process. We will guide you through each step, helping you understand your options and the potential outcomes. Don’t navigate this challenging situation alone—reach out to us for a confidential consultation today!

 

The Difference Between Possession and Distribution

Drug possession and drug distribution are distinct charges, with distribution typically carrying more severe penalties.

 

  • Possession for Personal Use: This is when you have drugs for your own consumption. It generally leads to lesser penalties unless other aggravating factors are involved.
  • Possession with Intent to Distribute: This charge occurs when authorities believe you intended to sell or distribute the drugs. Even if you didn’t sell the drugs, if the circumstances suggest distribution (such as large amounts of drugs or packaging), you can be charged with intent to distribute.

 

Key factors that can indicate intent to distribute:

 

  • Large quantities of drugs found.
  • Packaging: If drugs are in small, individual packages, this might suggest they were meant for resale.
  • Drug paraphernalia: Items like scales, baggies, or cash can imply distribution.
  • Involvement with others: If you were caught with others who were involved in drug activity, it can support a distribution charge.

Types of Drugs That Can Lead to Possession Charges

Different drugs carry different legal consequences. Some are more severely penalized due to their addictive nature and potential for harm.

 

  • Marijuana: While legal in many states, marijuana possession is still illegal in Georgia, and penalties can vary based on the amount.
  • Cocaine: A Schedule II drug that carries severe penalties for possession due to its high potential for abuse.
  • Heroin: A highly addictive substance that is illegal in any amount and can lead to lengthy prison sentences for possession.
  • Methamphetamine: Possession of methamphetamine is a serious charge in Georgia, carrying long prison terms and high fines.
  • Prescription Drugs: Possessing prescription drugs without a valid prescription can lead to criminal charges, especially for controlled substances like oxycodone or Xanax.

Factors That Affect Sentencing

Sentencing in drug possession cases can depend on a variety of factors:

 

  • Prior Criminal History: If you have previous convictions, you may face harsher penalties.
  • Amount of Drugs: Larger quantities can lead to more severe charges, including distribution charges.
  • Aggravating Factors:
    • Minors: Possessing drugs near schools or in the presence of minors can increase penalties.
    • Location: Being caught in a drug-free zone or public area may worsen the charge.
  • Mitigating Factors:
    • First-time offenders: May receive more lenient sentences, especially if they show remorse.
    • Cooperation with law enforcement: Can sometimes lead to reduced charges or sentences.
    • Potential for rehabilitation: Courts may take into account whether the defendant has sought treatment or is willing to pursue rehabilitation.

How Can a Drug Possession Lawyer Help Me?

When you hire a drug possession attorney from Crawford and Boyle, LLC, we can help you navigate the criminal justice system and work to protect your rights. We can help you understand the charges you are facing and the potential penalties you could be up against. Our team can also help you understand your options and what legal strategies may be available to you. We are not afraid to take on tough cases, and we will fight vigorously on your behalf.

 

Facing Drug Possession charges? Reach out to us at (678) 680-5000 or contact us now to discuss your defense options.

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FAQ: Drug Possession Charges in Gwinnett County

Find answers to common questions about legal charges and the legal process in Georgia.

What happens if I am caught with drugs in my car?

If drugs are found in your vehicle, you could be charged with possession, even if the drugs aren’t on your person. Georgia law considers “constructive possession,” which means that if you have control over the area where the drugs are found (like your car), you could still be held responsible for the drugs.

Can I be arrested for drug possession without being caught with the drugs on me?

Yes. You can be arrested for “constructive possession,” which means you are accused of having control over the drugs, even if they were not physically on you. This can happen if drugs are found in your home, car, or another area you control.

What is the difference between felony and misdemeanor drug possession?

The difference is typically based on the type and quantity of drugs found. Possession of a small amount of a lower-level drug (like marijuana) may result in a misdemeanor charge, while possession of a large amount or controlled substances like heroin, cocaine, or methamphetamine may lead to felony charges, which carry harsher penalties.

Can I fight a drug possession charge if I didn't know I had the drugs?

Yes, lack of knowledge can be a defense. If you did not know about the drugs or did not knowingly possess them, you could argue that you are innocent. However, this will depend on the circumstances of your case, and an experienced attorney can help build a defense based on this.

Can I get drug charges dropped?

In some cases, yes. If there are issues with how the drugs were obtained, such as illegal search and seizure or lack of probable cause, the charges may be dropped. An attorney can challenge evidence and potentially have the case dismissed.

Will I go to jail for a first-time drug possession offense?

It depends on the circumstances, such as the type of drug and the amount found. For a first-time offense with a small amount of a lower-level drug, you might be eligible for alternatives to jail, like probation or a diversion program. However, serious drugs or large amounts could lead to jail time, even for first offenders.

How can an attorney help me with my drug possession case?

An experienced attorney will assess your case, investigate the evidence, and build a strong defense. They can negotiate for a reduced sentence or alternate penalties.

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