Possession of controlled substances for personal use. Often a misdemeanor for first offense but can be a felony depending on the drug and amount.
COMMON EXAMPLES:
Marijuana, cocaine, heroin, prescription drugs without valid prescription
When the amount, packaging, or other evidence suggests intent to sell. Always a felony with mandatory minimum sentences.
COMMON EXAMPLES:
Large quantities, scales, baggies, cash, weapons nearby
Possession of specific amounts of drugs that trigger trafficking charges. Carries severe mandatory minimum prison sentences.
COMMON EXAMPLES:
28+ grams cocaine, 10+ pounds marijuana, any amount LSD, heroin, methamphetamine over threshold amounts
Possession without valid prescription, doctor shopping, or forging prescriptions for controlled substances.
COMMON EXAMPLES:
Oxycodone, Xanax, Adderall, Percocet, Vicodin
Growing, producing, or manufacturing controlled substances. Often involves methamphetamine labs or marijuana cultivation.
COMMON EXAMPLES:
Meth labs, marijuana grow operations, pill presses
Possession of items used to ingest, manufacture, or distribute drugs.
COMMON EXAMPLES:
Pipes, bongs, syringes, scales, baggies
Drug convictions in Georgia carry severe penalties that increase dramatically based on the type of drug, amount, and prior record:
Fourth Amendment protections require police to have probable cause or a warrant. If your constitutional rights were violated, evidence must be suppressed. We scrutinize every detail of the search and seizure.
Prosecutors must prove you knowingly and intentionally possessed the drugs. We challenge constructive possession claims, especially in cases involving shared spaces, vehicles, or homes.
Evidence must be properly collected, stored, and tested. Any break in the chain of custody can lead to evidence being excluded. We investigate handling procedures thoroughly.
Crime lab testing must follow strict protocols. We demand documentation of testing procedures, calibration records, and analyst qualifications. Lab errors occur more often than you'd think.
For eligible first-time offenders, we pursue pretrial diversion, drug courts, or conditional discharge programs that can result in case dismissal upon successful completion.
When appropriate, we negotiate with prosecutors to reduce charges from felonies to misdemeanors or from possession with intent to simple possession.
In Georgia, possession of less than one ounce of marijuana is a misdemeanor punishable by up to one year in jail. However, many first-time offenders can avoid jail through diversion programs or probation with proper legal representation.
This is a common defense. If drugs were found in a shared space or vehicle, we can challenge whether you had actual knowledge of their presence and exercised control over them. The burden is on the prosecution to prove possession beyond a reasonable doubt.
Not always. Police need probable cause to search your vehicle without consent. If they saw drugs or paraphernalia in plain view, smelled marijuana, or you gave consent, the search may be legal. Otherwise, we can challenge the search.
A drug conviction can jeopardize professional licenses (medical, legal, nursing, teaching, etc.). This makes fighting the charges even more critical. We understand what's at stake for professionals.
Georgia now allows record restriction (formerly expungement) for certain dismissed charges and some convictions. However, many drug convictions remain on your record permanently, which is why avoiding conviction is so important.
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