Have you or a loved one been charged with a criminal offense in Georgia?

If so, there are some little-known programs and strategies in Georgia that could make your criminal charges disappear. These strategies require that you retain a criminal defense attorney. The following strategies may not apply in every case or in every situation, but you can call our law firm at 770-627-3221 for free and find out which program may be right in your legal matter. 

Georgia’s Pretrial Diversion Program

First-time offenders in Georgia might be eligible to participate in a county-sponsored Georgia Pretrial Diversion Program. If a first-time offender is eligible and completes the program satisfactorily, the offender may avoid criminal prosecution and a potential criminal conviction. This program will also keep the offender’s criminal record clean. 

To see if you are eligible for a Georgia Pretrial Diversion Program, you must speak to and retain an attorney before you accept a plea deal and before the start of your criminal trial. If you or your loved one are a first-time offender, a pretrial diversion program in Georgia may be the best option for you or your loved one since having a criminal record will have a disastrous impact on your life and livelihood. A criminal record can affect you or your loved one’s ability to secure housing, receive student loans, affect employment status and disqualify you or your loved one from receiving government assistance. As previously mentioned, first-time offenders who qualify and complete a pretrial diversion program in Georgia may be able to avoid a criminal trial and keep a criminal conviction off of their criminal record.

Georgia’s First Offender Act

If you or a member of your family have been sentenced under Georgia’s First Offender Act and have successfully completed the sentence, you or your loved one will not have a conviction, and the criminal charge will be sealed from your official criminal history in Georgia. This means that you would have a clean criminal record and would not be required to admit to a criminal offense on job applications or if asked by potential employers. 

To be eligible, the first-time offender must speak to and retain a criminal defense attorney. The additional requirements may be read here. 

The Local Advantage – Local Attorney Relationships for the Benefit of Our Clients

A defendant should try to retain a criminal defense attorney who has experience in the courthouse where their case is pending. Although Georgia’s criminal laws are in effect throughout Georgia, the judges, prosecutors, and court procedures vary from courthouse to courthouse. By way of example only, a District Attorney in one county may have a “no-plea-bargaining” policy, the District Attorney in another county may permit plea bargaining. Moreover, criminal defense attorneys in one county will usually know which prosecutors are reasonable and permit plea deals up to trial.

Local criminal defense attorneys also know the law enforcement officers and how they operate in jury trials. Defendants should retain criminal defense attorneys who are experienced with local court procedures and have a stellar reputation with the local legal community.

Should I Retain a Private Criminal Defense Attorney or Trust the Public Defender?

As aforementioned, retaining a highly respected criminal defense attorney can positively impact the disposition of your criminal case. Whether that outcome is a dismissal, lesser or fewer charges, more lenient sentencing, or an acquittal after trial, your attorney’s skill, experience, and resources can have a significant impact on the outcome of your misdemeanor or felony prosecution. Although a public defender or court-appointed attorney can be just as skilled and experienced as a private attorney, limits on funding can mean extremely large caseloads and limited resources. In this article, we take a quick look at these different types of criminal defense attorneys and the relative advantages and disadvantages of each.

By way of background, most school children learn that the Sixth Amendment provides a right to assistance of counsel. However, fewer people understand the contours or history of this important protection. The Sixth Amendment provides in pertinent part that “In all criminal prosecutions, the accused shall have the right to have the assistance of counsel for his defense.” 

Until fairly recently, this right was interpreted narrowly to safeguard the right of an accused to bring an attorney to court if one had been retained. This narrow interpretation meant many poor defendants faced an experienced prosecutor without the benefit of legal counsel. However, this right became powerful protection for the criminally accused when the Supreme Court expanded the scope of this guarantee by making the right to be represented by counsel a requirement of due process. A series of cases mandated that state and federal jurisdictions make counsel available to the poor.

These important Sixth Amendment decisions spurred various approaches for state and federal jurisdictions to fulfill this guarantee. At the federal level and in many large metro jurisdictions, government-funded public defenders represent poor defendants. In other jurisdictions, attorneys represent poor defendants on a case-by-case basis or pursuant to a contract with their law firm to represent indigent defendants.

According to a study published in 2014 in American Law and Economics Review, entitled “Indigent Defense Counsel, Attorney, Quality, and Dependent Outcomes,” researchers reported strong evidence that the quality of a defendant’s attorney can dramatically impact the outcome of the criminal prosecution. The study focused on data from the Bureau of Justice Statistics involving felonies in large metro areas. The researchers examined outcomes in cases involving public defenders and court-appointed counsel. The researchers determined based on nationwide data that statistically, public defenders significantly outperformed court-appointed counsel. This disparity holds for such diverse aspects of a case as the likelihood of a conviction of the most serious criminal charge, speed of disposition of a case, and sentence duration. 

The researchers posit that disparities between local economies, funding, and compensation might explain the divergent success rates. While public defenders typically work at their craft full-time, appointed counsel often does not defend poor defendants in criminal cases on a full-time basis. According to the researchers, court-appointed attorneys usually are paid on a per-case basis rather than a regular salary or hourly wage; this too might partially explain the disparity. The fee structure also might create a disincentive to high-quality criminal defense attorneys to accept court-appointed cases. Limited funds mean that skilled criminal attorneys who could take such appointments might be attracted away by more lucrative work. Certain jurisdictions use a combination of these approaches to serve indigent defendants. 

While the 2014 study did not address the difference in outcome between private attorneys and public options, other studies had looked at this question. The data is inconclusive because several studies have found that clients of private defense counsel fair more favorably and report higher levels of satisfaction with their representation. In contrast, other studies have found that outcomes tend to be similar regardless of whether a private or public attorney represents the accused. 

 

While an exhaustive review of these studies is beyond the scope of this article, we have provided a few prominent examples. One of the first studies to look at this question was published in the Arkansas Law Review in 1971 by M. Gitleman. The study concluded that poor defendants with appointed counsel were less likely to receive a suspended sentence, dismissal, or probation than poor defendants that hired private attorneys. A more recent 2005 study published in the Ohio State Journal of Criminal Law found that private defense attorneys obtain lesser sentences than appointed counsel or public defenders. 

While a 1975 study, published in the American Journal of Criminal Law, did not find much difference in sentencing or conviction rates between clients represented by a public defender and those represented by a private attorney, it found drastic differences in workload. The author speculates that any difference in conviction rates and/or client satisfaction could be linked directly to this difference in the number of cases handled by private and public attorneys. A book published in 2017 that analyzes weaknesses in the public defense system expressly concludes that this difference in caseload might be the reason private attorneys, on average, have lower conviction rates. 

Despite the muddled empirical evidence, there are distinct advantages and disadvantages to relying on a public defender or court-appointed attorney as opposed to a private attorney. Cost constitutes the obvious appeal of a public defender or appointed attorney. By contrast, retention of a private attorney can amount to a significant financial investment, but you can interview, screen, and select the best attorney for you rather than rely on the luck of the draw. Communication also can be easier with a private attorney because of a typically lighter caseload.

Felony Narcotics Criminal Charges in Georgia

Drug Defense Attorney Atlanta

Here at Cobb Criminal Defense, our criminal defense attorneys aggressively defend clients from all types of drug charges in Cobb County, Cherokee County, and throughout the Metro Atlanta area. When you, a loved one, or a friend has been charged with a drug offense, you must understand the process. This guide will be designed to help you understand your drug charge, each of the stages in a drug case, potential punishments, and possible defenses for each type of drug charge. If you have any other questions about a drug charge, simply call (770)627-3221 for your free case review with one of our top drug charge defense attorneys in Georgia.

The Stages of a Drug Crime Case in the State of Georgia

The following is a brief “roadmap” of the criminal process in the state of Georgia:

Drug Offense Arrested or Citation

A drug crime case begins with an allegation that an individual has committed a drug offense, which leads to the filing of criminal charges. The suspect will either be issued a citation (or a copy of the criminal charges) or arrested. An individual is arrested depending upon the severity of the alleged crime perpetrated. The arresting law enforcement officer will then complete and file an arrest report, which summarizes the allegations and circumstances in which the officer issued the suspect a citation or placed the suspect under arrest. 

If a suspect is arrested, the law enforcement officer should then read the suspect his or her Miranda Rights. Then the arresting officer will transport the suspect to jail or to a police station depending on whether the suspect was arrested by a county Sheriff’s deputy or a local city police officer. The suspect is then “booked.” The law enforcement officer will take the suspect’s photograph, fingerprint the suspect for their records, and collect all of the suspect’s personal belongings. Typically, the suspect is permitted to make their “one phone call” after the suspect has been processed into the law enforcement agency’s computer system. A suspect will typically make an initial appearance before a judge before they are released.

The Initial Appearance After a Drug Crime Arrest in Georgia

Usually, when a suspect has been arrested without a warrant, he or she will make their initial appearance before a judge with 48 hours of their arrest. However, if the suspect was arrested with a warrant, the court may take up to 72 hours to grant the suspect their initial appearance. Initial appearances (or first appearances) transpire in a courtroom located inside the jail. 

At this first hearing, the magistrate judge reads all of the criminal charges filed against the suspect. The magistrate judge will ask the defendant if he or she has retained an attorney or not. At that time, the judge can appoint an attorney if the suspect cannot afford a private drug crimes lawyer. Next, the judge will rule whether or not to grant the suspect bail (also known as bond) and what the bail amount will be if granted. In some cases, the magistrate judge may not have the power to grant bail, and a superior court judge must preside over the bail hearing. 

In the state of Georgia, a magistrate judge cannot grant bail for certain charges due to their severity and heinous nature.

A magistrate judge cannot set bond for the following charges:

• Murder
• Rape
• Terrorism
• Treason
• Aggravated Sex Crimes
• Sodomy
• Child Molestation
• Sexual Battery
• Aggravated Stalking
• Armed Robbery in the First Degree
• Home Invasion in the First Degree
• Gang Activity
• Hijacking of Aircraft or a Motor Vehicle
• Manufacture or Sale of a Schedule I or Schedule II Controlled Substance
• (*In Georgia, this includes marijuana)

If the magistrate judge has the jurisdiction to set bail in a suspect’s drug case, there are four statutory factors the judge must consider when deciding whether or not to set bail and the amount of bail.

These four statutory factors include:

• The defendant does not pose a significant risk of fleeing from the court’s jurisdiction or failing to appear before the court when required;

• The defendant does not pose a significant danger or threat to anyone, to the community, or to anyone’s property;

• The defendant doesn’t pose a substantial risk of perpetrating a felony pending trial; and

• The defendant does not pose a substantial threat of intimidating witnesses or obstructing the administration of justice.

If a defendant has been denied bail, he or she could be eligible for a reconsideration of their bail at a later stage in the defendant’s criminal case.

The Preliminary Hearing in a Georgia Drug Case

The preliminary hearing is also called a committal cause hearing or a probable cause hearing. This hearing is an important “pretrial” hearing where a magistrate judge reviews the prosecutor’s evidence to decide if there is enough probable cause to conclude that the defendant likely committed the crime he or she is accused of. Should the magistrate judge conclude that a crime was likely committed, and, the defendant likely committed the crime or was party to the crime, the defendant’s criminal case would be sent to a higher criminal justice court for further proceedings. At the preliminary hearing, the defendant does not enter in a plea of guilt or innocence. However, if the defendant has retained an experienced drug crime defense attorney, in that case, his or her defense lawyer could successfully argue that the prosecution’s probable cause has not been established and plead to have the defendant’s drug charges dismissed. In Georgia, defendants released on bail are not entitled to a preliminary hearing. 

Grand Jury Indictment, an Accusation, or an Information in Georgia Drug Cases

After the defendant has been formally charged with a crime in Georgia, the defendant will then be presented with an “indictment,” an “accusation,” or an “information.” These are designations for the formal criminal charging process and the accompanying legal documentation.

An indictment, otherwise known as a “true bill,” is a charging document issued by a grand jury composed of between 16-23 citizens of the county where the crime(s) allegedly occurred.

“Informations” and “Accusations” are legal documents created by the prosecuting attorney without the need for a grand jury process.

Grand jury proceedings are made available to the prosecuting attorneys, their witnesses, and the grand jurors. The defendant and their defense team are not allowed to attend the grand jury proceeding but in certain circumstances where a law enforcement officer is named the defendant. According to Georgia Criminal Code, Georgia only requires grand jury indictments in criminal cases where the defendant faces the death sentence as a possible punishment if found guilty. “Accusations” and “Informations” are typically used for lesser, non-capital crimes.

Entering a Plea at an Arraignment Before a Georgia Court

At the “arraignment hearing,” the defendant will appear before the criminal justice trial court. He or she will be advised of the criminal charges filed against them, and the judge will ask the defendant to enter a plea of “guilty” or “not guilty” to the charges read to the defendant. If the defendant does not enter a plea, the court will automatically enter a plea of “not guilty” for the defendant. After the defendant has been “arraigned” and he or she has pleaded “not guilty,” the court will schedule a trial date. In many jurisdictions, the defendant can submit a “waiver of arraignment” to the prosecutor and the clerk of court to save a court appearance. The “waiver of arraignment” must include a plea and be submitted by your criminal defense attorney.

The Discovery Phase in a Georgia Criminal Drug Case

The “discovery phase” is the stage in which the prosecution and the defense exchange and review all of the evidence. Typically, this includes scientific evidence (e.g., fingerprints, drug analysis, etc.), a list of witnesses and their statements, tangible evidence (such as cash, cellphones, drugs, etc.), police reports, and the “indictment” or “accusation.”

At this time, the criminal defense might be required to give the prosecution notice of any alibis and information concerning any witnesses who will testify at trial. This stage is conducted well in advance of the criminal trial. This process helps the prosecution and the defense to determine the strengths and weaknesses of their cases. In many cases, the two sides will engage in plea negotiations, work out a deal, argue for a dismissal, and prepare for the criminal trial.

Motion Hearings in Criminal Drug Trials in Georgia

Legal documents that are submitted by a lawyer or by the defendant to the court are called “Motions”. Motions are used to petition for bail, ask for a decrease in the amount of bail ordered, compel discovery, dismiss charges, reset a court date, exclude illegally obtained or prejudicial evidence from the trial, and make many other formal requests. Should a defendant’s attorney file a motion in the criminal case, the defense will be given a hearing date to present the argument in support of the defense’s motion. That hearing is called a “motion hearing.” The judge may rule on a motion without setting a formal motion hearing in some circumstances. 

Negotiating a Plea Agreement (Plea Deal) During Criminal Case

Many criminal cases do not go to trial due to several reasons. In some cases, the prosecution might be willing to dismiss the criminal charges if persuaded that the defendant is innocent or the prosecution does not have sufficient evidence to secure a conviction. However, in most drug crime cases that do not go to trial, the defendant, their defense lawyer, and the prosecutor negotiate a “plea bargain” that will punish the defendant for the crime(s) perpetrated with less severe punishments and/or a lesser crime. Once the attorneys reach an agreeable deal, the defense lawyer will offer the “plea deal” offer to the defendant.

Should the defendant accept the plea deal, a plea hearing date will be scheduled. At the plea hearing, the defendant will be required to attend, and the judge reviews and usually accepts the prosecution’s plea deal. The defendant will have the final say in whether they accept or reject the plea recommendation. Once the defendant has agreed to the plea deal, the judge then rules to accept or reject the plea deal.

Taking a Drug Crime Case to Trial

The most complicated stage of a criminal case is the trial. There are two different kinds of criminal trials, “Jury Trials” and “Bench Trials.”

Criminal Jury Trials in Georgia

In the state of Georgia, criminal defendants have the legal right to a jury trial of their peers in all misdemeanor and felony criminal charges. However, a defendant is required to request (demand) a trial by jury to receive one in most cases. Typically, the request for a jury trial is submitted at the arraignment hearing or by submitting a written motion. Georgia is unique in that the prosecuting attorneys also have a right to demand a trial by jury. Should either the defense or the prosecution make a demand for a jury trial, it will likely be granted.

Criminal Bench Trials in Georgia

Any trial that is held without a jury is known as a “bench” trial. A bench trial is presided over and ruled on by a judge. The judge hears the case and then makes a ruling as to whether the defendant is guilty or not guilty of the criminal charges. Bench trials can be helpful when the law is on the defendant’s side, and the defendant does not believe a jury would be on their side. For example, if the drug offense included harming children. That one detail could make a jury trial less beneficial to the defendant. Moreover, familiarity with the judge might be a benefit to try a drug case without a jury. 

Calendar Call in Georgia Criminal Trials

The defendant and their attorney will be directed to attend a “calendar call.” A calendar call is a short appearance before the criminal justice court, and the attorneys announce whether or not their side is ready for trial. If the attorneys are ready for trial, the judge will set the specific date for trial.

Voir Dire in Criminal Trials in the State of Georgia

Voir dire opens up the trial. Voir dire (also known as “jury selection” involves the prosecution and the defense taking turns each asking potential jurors questions and eliminating or “striking” jurors they do not want on the jury. A potential juror is removed from the jury pool for two reasons. The lawyers can remove potential jurors as long as there is a legal or valid factual reason. Disqualifying a juror or to “strike for cause” a potential juror because legal reasons such as the juror are law enforcement and have disabilities, making it difficult to serve on a jury, such as hearing or language difficulties. The other way to eliminate a potential juror is referred to as a “peremptory challenge.” Peremptory challenges may be made without cause but cannot be used in a sort of prejudicial way, such as religious, gender, or racial basis.

Opening Statements in a Georgia Criminal Trial 

Opening statements allow the prosecution and the defense to summarize their evidence and to explain the course of events from their perspectives. Usually, the prosecutor goes first, and the defense attorney follows. Each attorney may waive or reserve their opening statement. Opening statements are considered one of the most crucial elements in the trial and significantly impact the result of criminal cases. 

The Presentation of Evidence in a Georgia Criminal Trial 

The prosecution then presents its evidence against the defendant. The evidence might include:

• Examination of witnesses.
• The introduction of scientific evidence.
• Physical evidence.
• Any other items that are intended to prove that the defendant committed the alleged crime.

The defense then questions (cross-examine) the witnesses called by the prosecution and vice versa. Once the prosecuting attorneys have rested their case, the defendant presents his/her own evidence to show that they are not guilty of the alleged crimes. The prosecution bears the burden of proof in a criminal trial. This means that the defendant does not have to present any evidence and could be found not guilty should the prosecution’s case not prove beyond a reasonable doubt that the defendant is guilty of the crime(s) the defendant has been accused.

Closing Arguments in a Criminal Trial

Closing arguments are often the most dramatic portion of a criminal trial. Closing arguments usually include an overview of the evidence presented, an explanation about how the jury should understand the evidence, and pleas that the jury or judge should find in favor of the prosecution or the defense. The court then explains to the jury that the opening statements and the closing arguments are not part of the trial’s evidence.

Jury Deliberations in Georgia Criminal Trials

The criminal justice judge will then read the jury a set of jury instructions concerning the applicable law and then ask the jury to retreat to the deliberation room and decide whether the defendant is guilty or not guilty. The jury will begin the deliberation process by selecting a jury foreperson. The jury foreperson guides the deliberation, communicates with the court, and ultimately delivers the verdict to the court. A criminal trial conviction requires a unanimous vote. The deliberation process lasts a few minutes to several days, depending on the complexity of the criminal case. If the jury does not reach a unanimous decision, then a “hung jury” has occurred. The criminal case will be announced a mistrial, and the case could be tried again.

The Sentencing Phase of a Georgia Criminal Trial

If the defendant is found “not guilty,” the judge will release the defendant. However, if the defendant has been found “guilt,” the judge will review the sentencing guidelines and impose the punishments. The judge may impose the sentencing immediately or take additional time to determine the appropriate penalties. In some criminal cases, presentence investigations may be performed, and the defense attorney will present mitigating evidence to persuade the judge to hand down a more lenient sentence. Likewise, the prosecuting attorney is allowed to show evidence and argue for increased punishment. Drug crimes are punished according to Georgia’s criminal statutes and could include prison or jail time, fines, probation, restitution, community service, banishment, and even death is a capital offense.

How Georgia Classifies Controlled Dangerous Substances (CDS)

Georgia divides its controlled dangerous substances into five “schedules,” according to the drug’s likelihood for abuse. The Georgia Controlled Substances Act contains five schedules of controlled substances. In Georgia, Schedule I drugs are deemed the most dangerous drugs, and Schedule V are considered the least dangerous drugs.

Georgia also considers the compounds used as principle compounds or ingredients to make illegal drugs as controlled substances per “Immediate Precursor”.

Schedule I Drugs

Schedule I drugs are considered to be the most serious classification of controlled dangerous substances. Schedule I drugs are considered to be highly addictive and have no medicinal use. The list of Schedule I drugs is found under O.C.G.A. §16-13-25, and a few examples include:

• Ecstasy
• Heroin
• LSD
• Morphine

Under O.C.G.A. §16-13-30(a), it is against the law for any person to sell, purchase, possess, or have under their control any controlled substance in the state of Georgia.

Schedule II Drugs

Schedule II Drugs are highly abused but are considered to be less addictive than Schedule I drugs. The complete list of substances classified as Schedule II drugs is found in O.C.G.A. §16-13-26.

The following are a few well-known Schedule II drugs:

• Amphetamine
• Cocaine
• Codeine
• Fentanyl
• Hydrocodone
• Methadone

O.C.G.A. §16-13-30(a) states that it is illegal for any person to purchase, possess, sell, or have under his or her control any controlled substance in the state of Georgia.

Schedule III Drugs

Schedule III Drugs present less risk for abuse than Schedule I or Schedule II drugs. A few of these drugs have an accepted medical use, and the abuse of these drugs may lead to high psychological dependence and low or moderate physical dependence. A full list of drugs classified as Schedule III Drugs is found in O.C.G.A. §16-13-27.

A few of the most common Schedule III drugs include:

• Anabolic Steroids
• Testosterone
• Ketamine

According to O.C.G.A. §16-13-30(a), it is illegal for a person in Georgia to buy, possess, sell, or have under their control any Schedule III controlled substance without a prescription.

Schedule IV Drugs 

Schedule IV drugs (such as diazepam) have a lower potential for abuse than Schedule III drugs, have an acceptable medical use, and their abuse may lead to limited psychological and physical dependence in relation to Schedule III drugs.

Schedule IV drugs have less potential for abuse than Schedule III drugs. A few Schedule IV drugs have accepted medicinal uses. Abuse of these drugs could lead to limited psychological and physical dependence. The list of drugs classified as Schedule IV Drugs is outlined in O.C.G.A. §16-13-28.

The following are a few examples of commonly known Schedule IV drugs:

• Barbital
• Diazepam

The Georgia laws regarding possession of a Schedule IV Drug are outlined in O.C.G.A. §16-13-30(a). In Georgia, it is against the law to sell, purchase, possess, or have a Schedule IV drug in his or her control without a prescription. 

Schedule V Drugs

Schedule V drugs are the smallest probability for abuse than any other schedule of drugs. Schedule V drugs typically have some accepted medicinal uses, and these drugs have a limited risk of dependency. These drugs also include medications that contain minimal amounts of narcotic medications.

The following is a common Schedule V controlled substance:

• pseudoephedrine.

Under O.C.G.A. §16-13-30(a), it is illegal for anyone in Georgia to sell, possess, purchase, or have a Schedule V drug under his or her control without a prescription.

Criminal Penalties For Drug Possession

Penalties for Possession of a Controlled Dangerous Substance (CDS)

Classifies Controlled Dangerous Substances (CDS) possession crimes in the state of Georgia are all classified and charged as felonies, except for possessing a small amount of marijuana. The fines, prison sentences, and other penalties for felony CDS possession depend on the drug possessed, the quantity possessed, and if the defendant has prior criminal charges. 

Penalties for “Possession of Schedule I CDS or Schedule II Narcotics” in Georgia

In the state of Georgia, possession of a Schedule I drug or Schedule II narcotic is a felony that carries a prison sentence of two to fifteen years. A second, third, or subsequent conviction for possession of a Schedule I drug is punished with a five to 30 years prison sentence.

Penalties for “Possession of Schedule II CDS” in Georgia

An individual caught in possession of a Schedule II CDS (other than an illegal narcotic) is charged as a felony and is punishable by to two to fifteen years in prison. A second, third, or subsequent conviction of possessing a Schedule II CDS is punishable with five to 30 years in prison.

Penalties for “Possession of Schedule III, IV, or V CDS” in Georgia

Possession of a Schedule III, IV, or V CDS in the state of Georgia is classified as a felony and is punishable with a prison sentence of one to five years. A second, third, or subsequent possession of a Schedule II, IV, or V drug conviction is punished with a prison sentence of one to ten years.

Possession of Drugs with Intent to Distribute Charges in Georgia

Schedule I or II Drugs

The prison sentence for Possession of Schedule I or Schedule II Drugs with Intent to Distribute in the state of Georgia is between five to thirty years. A second or subsequent offense is punished with a prison sentence of ten to forty years or possibly life in prison under O.C.G.A. §16-13-30(d).

Possession of Schedule I or Schedule II Drugs with Intent to Distribute within 1,000 Feet of School Grounds, a Housing Project, a Park, or in a Drug-free zone is a felony punishable by up to twenty years in prison and/or up-to $20,000 in fines for a first offense. A second, third, or subsequent offense is punished with at least five years but no more than forty years in prison and/or up-to $40,000 in fines.

Georgia Marijuana Laws

Georgia Code Section 16-13-25 through 16-13-29

Marijuana is treated as a controlled substance, but possession of less than one ounce of marijuana is a misdemeanor offense and is punishable with up to one year in jail. Any possession of marijuana over one ounce is a felony offense in Georgia. 

Penalties for Possession of Marijuana

In Georgia, the punishments for possession of marijuana will depend on the amount of marijuana the defendant has in his or her possession. In Georgia, possessing less than one ounce of marijuana is charged as a misdemeanor, which is punishable by no more than one year in jail, up to $1,000 in fines, or both, or one year of community service. Possession of one or more ounces of marijuana is a felony that is punished with one to ten years in prison under Georgia Code Section 16-13-30.

Trafficking Illegal drugs in Georgia 

Selling Cocaine in Georgia

In Georgia, the penalty for selling less than (28) twenty-eight grams of cocaine is punished with a prison sentence of five to thirty years under O.C.G.A. §16-13-30(j)(2). A second, third, or subsequent “cocaine dealing” conviction is punished with a prison sentence of ten to forty years or life in prison. Dealing twenty-eight grams or more is considered “trafficking cocaine.” 

Trafficking in Cocaine, Marijuana, or Methamphetamine

In the state of Georgia, the difference between drug trafficking and related drug crimes such as drug possession, drug manufacturing, drug distribution, or drug dealing is the amount of the illegal narcotic or controlled substances involved in the criminal offense. Georgia drug trafficking charges are penalized based on the on accusations that a person was caught possessing, selling, distributing or manufacturing a large amount of illegal narcotics or controlled substances.

The various punishments are outline under Georgia Code §16-13-31 – Trafficking in cocaine, illegal drugs, marijuana, or methamphetamine; penalties. These criminal offenses are charged as felonies and since there is a larger quantity of narcotics involved in trafficking, drug trafficking charges carry mandatory minimum prison sentences that increase with the amount of the drugs found on the defendant.

Facing Drug or Narcotic Charges?

If you are facing drug or narcotics charges then you need experienced and relentless representation immediately. The longer that you wait is the more time that the prosecution has to gather evidence and strengthen their case against you. Don’t risk your innocence and freedom for one more minute, give us a call to schedule a free consultation!

How easy is it to get arrested for criminal charges in Georgia?

It’s as simple as the title implies.

Let us set the scene:

You are in your last year of college and have been invited to your high school BFF’s birthday party at their house, the party has been organized by their significant other. It is a beautiful summer evening and there is a cool breeze flowing through the air.

As you arrive at your friends house you can hear the music from within even before you exit your car, you know this is going to be a great party. You grab the gift and the case of beer from your passenger seat and head in to join in the celebrations. As you enter the home you are greeted by the familiar aromas that you are accustomed to from fruity shots, a little stale beer, and the faint scent of some sticky-icky marijuana.

There isn’t anything out of the ordinary going on for this crowd, hell it’s your same crowd since you were 15 with a sprinkling of new faces added here, and a missing some there. As the night goes on the party picks up steam, you start noticing people’s inhibitions lowering and the drinking and drugs become a little heavier to accompany the music which is now blasting. There is a knock at the door, you are a good friend and are still fairly sober so you go to greet the newest guests to the party.

You open the door and your heart stops for an instant, its the police. As you ask them what the problem is you forget about everything happening behind you that is in plain site to the law enforcement officers now positioned half way in the threshold. As you try to down play the situation and seem as compliant as a choir boy but that is when the officers articulate their probable cause for entering the home and investigating the occurrences at that party.

The next thing that you know back-up has arrived and you and your friends are in handcuffs facing a hard road fighting anything from misdemeanor charges such as contributing to the delinquency of a minor to felony narcotics charges.

IN RECENT NEWS

You may have caught the local news reporting on a situation where a noise complaint led to the seizure of a slew of drugs and guns in Savannah, GA. A personal gathering involving loud music lead to the arrest of three individuals who are now facing serious drug charges.

Now, there is no telling whether or not one or more of those individuals was just a visitor at the wrong place and at the wrong time. When Law Enforcement gets involved in any kind of complaint, any observations they make during the investigation of a call or a complaint can lead to larger investigations where greater charges may be alleged. Whether that is initiated based upon something they see, or even something that they smell, they will call upon their right to investigate further. In the case of the Savannah arrests, officers noted what they observed to be narcotics, after an investigation, three individuals left that apartment in handcuffs.

CHARGES BASED ON CIRCUMSTANCES

While every situation is unique and every set of criminal charges is based upon the actual circumstances surrounding the arrest, in a situation like the above, you can very well find yourself facing conspiracy charges along with any number of drug charges and firearm charges. It is advisable that you seek an experienced criminal defense attorney immediately to provide you with the best defense and the best chance of clearing your name. A criminal arrest permanently imbued on your record will follow you for life and this is something you want to avoid and fight head-on. So what might these charges look like?

DRUG CHARGES

In the state of Georgia, drug possession charges fall under felony charges. Each type of possession based on quantity and drug (marijuana not included) is governed by a schedule. Based on the schedule applied to the possession, you can face anywhere from two years to fifteen years in prison. Any additional charges are incremental and you can face sentences as long as 20 or 30 years.

FIREARM CHARGES

Further compounding your drug charges, if you are found in possession of an illegal firearm, that is also considered a felony in the State of Georgia. If you are convicted of possession of the firearm, you can face up to five years in addition to the earlier mentioned drug charges. Again, these charges can be incremental based on circumstance.

CONSPIRACY CHARGES

If you are convicted of Conspiracy to commit a crime in Georgia, in the case of the Felony mentioned above, you can face anywhere from 1-10 years. Sentencing, fines, and penalties are based on the circumstances surrounding the case and no two cases are alike. This blog does not constitute legal advice but provides a basic outline of information. For in-depth legal advice, it is best to consult with an experienced criminal defense attorney.

Charged with a Cobb County Noise Complaint?

If you are facing charges in Cobb County, then you need an experienced criminal defense attorney near you. Cobb Criminal Defense will provide the Marietta defense attorney that you need to fight for your freedom and protect your rights. Contact us today to schedule a free consultation!

Despite what many people assume — arguably the result of popular television shows and other media — it’s quite rare that a criminal defendant will take the stand in their own case. Not only is it not necessary, but it also has the potential to radically damage the case. Here’s what you need to know about testifying under oath at your trial and how an experienced defense attorney can protect your rights. 

Cross-Examination Is Usually a Poor Defense Strategy 

One of the riskiest moves in a criminal case is being cross-examined by the prosecution, however, this is exactly what happens when you testify in your own defense in court. If the other side is able to make you look flustered or nervous, the jury may automatically assume that you’re lying — even if the attorney asking you questions is clearly being aggressive and trying to get a rise out of you. 

TELLING THE JURY YOU’RE INNOCENT ISN’T A REQUIREMENT 

Many defendants mistakenly assume that if you’re innocent, you have to take the stand and say it under oath. However, this isn’t true. In a court of law, you are considered innocent until proven guilty beyond a shadow of a doubt as a result of evidence brought forth by the prosecution, who is responsible for the burden of proof in criminal cases. 

JURORS MAY BEGIN TO HAVE A DIFFERENT PERCEPTION OF WHICH SIDE SHOULD BRING PROOF 

If you decide to take the stand in court, you may end up unknowingly causing the perceptions of the jurors of which party should show proof to change. Jury members may start to think that you have the responsibility to prove your innocence when in reality, you only need to refute the evidence brought by the prosecution. 

An Alternative Criminal Defense Tactic 

A different — and arguably better — criminal defense strategy is to take steps that weaken the prosecutors’ case against you. For example, if they have a key piece of evidence that was obtained against you, having this dismissed will leave them with little to show that you actually did commit the crime. 

Get the Legal Help You Need Now From an Experienced Marietta, GA Defense Attorney 

Waiting too long after being arrested for a criminal offense can seriously impact your future and livelihood. You can’t afford a guilty verdict; contact a seasoned Georgia criminal defense attorney today for a consultation to discuss your case at 770.627.3221.

An arraignment is one of the first steps of the criminal process in Georgia. Here’s what you should know about arraignments and when to get legal help from a criminal attorney near you that you can trust. 

Arraignments Defined 

An arraignment is a criminal hearing that takes place soon after you are arrested. At the hearing, you’ll be informed of the charges against you (which may be more than what you were told when you were initially taken into police custody) and asked basic questions about your identity and employment.

SHOULD YOU HAVE A LAWYER AT YOUR ARRAIGNMENT? 

As soon as you are detained by law enforcement you should be getting in contact with an experienced criminal defense attorney and not answering any questions without that attorney present. At the time of your arraignment, you can have legal representation. If you haven’t yet contacted your own attorney or do not have an attorney retained, legal aid will be assigned to you. In most cases, you don’t have to tell anyone whether or not you need to be provided with an attorney; one is typically present at the arraignment already. 

However, you may not necessarily benefit from having a court-appointed lawyer. Public attorneys tend to be less experienced and may not have even held a position at a firm yet, which could lead to a less effective defense and mean harsher penalties.  

RELEASE VS. BAIL 

The second purpose of your arraignment, after informing you of the charges you face and obtaining your information, is to determine whether or not to release you from police custody or set a bail amount. This decision is made based on a variety of factors, including but not limited to:

• The crimes you are accused of and their severity
• Your criminal history, if any.
• Your flight risk

If you are deemed a flight risk or committed a serious crime, you are less likely to be released on your own recognizance and the amount of bail set may be quite high. In that case, your attorney may be able to argue for a lower bail amount. Either way, you want to ensure that you have the best criminal defense attorneys by your side to fight for your rights.

After Your Arraignment 

At the end of your arraignment hearing, you will be given a document that lists your next court hearing. You are required to attend this hearing and if you don’t, you could face even stiffer legal penalties.

Charged With a Crime? You Need a Defense Lawyer Today!

If you were charged with a crime of any kind in Marietta, GA, regardless of its seriousness, your future, record, and reputation are on the line. You need swift and zealous legal representation. For the best criminal defense in Cobb County, contact Cobb Criminal Defense for a consultation today at 770.627.3221.

Often, accident victims wonder if hiring a lawyer is the right move after being injured. Here are some reasons people hire personal injury attorneys and how you can get quality legal support after being injured. 

To Better Understand Your Rights After an Injury 

First, it’s important that you have at least basic knowledge of what your legal rights are after being hurt in an accident someone else caused. Contacting a lawyer, even just to ask a few questions, can help you understand how to pursue compensation and how you can protect your rights when working with insurance companies or litigating.

TO GET HELP PUTTING EVIDENCE TOGETHER 

Next, it’s important to find out what evidence exists in your case and how it may be able to be used to strengthen your argument. For example, you’ll need to obtain medical records that document your injury and any police reports that exist from the scene of the accident. If witness statements or video footage of the accident is available, it may also be used.

TO WORK WITH INSURANCE ADJUSTERS FOR YOU 

Working with your insurance company after an accident can be nerve-wracking and exhausting. When an accident attorney is on your case, they take over dealing with insurance adjusters instead of you, so the insurance company has to contact them directly to discuss your case. This lets you focus on healing.

TO HELP YOU GET QUALITY MEDICAL CARE 

Accident attorneys typically have connections to good hospitals and doctors that know how important it is to adequately document an accident victim’s injuries in a way that can be used to pursue compensation. Your lawyer can help you with obtaining necessary medical assistance from trustworthy providers.

TO HELP YOU PURSUE A LAWSUIT 

If you can’t get the insurance company to agree to issue you a fair settlement, litigation may be the next best step to get the compensation you deserve. An experienced injury lawyer can help advocate for you to obtain the maximum available settlement.

Call Experienced Marietta Injury Attorney Gregory Chancy Now 

Were you or someone you love injured in an accident caused by someone else’s carelessness or negligence? You may be able to seek financial restitution to cover the damages you’ve incurred, such as hospital bills, lost wages, and pain and suffering. Don’t wait to get legal help after an accident that has left you or a loved one hurt. Contact us now!

 

Georgia Computer Sex Crimes

COBB COUNTY SEX CRIMES DEFENSE ATTORNEY

Are you facing sex charges in Georgia? Thanks to modern technology, social media and countless online forums, it has become easier to get enveloped in online activities of all sorts. It has also become easier to become the target of online sexual criminal accusations.

Whether you are browsing the internet for personal use and like to look at lingerie images or swimsuit models, it is vital to be vigilant with knowing the links that you click while surfing the web. The chances that you could land on some type of click funnel that drags your browser into a situation that involves illegal pornography, like child porn, or underage teens is very high. Law enforcement in the state of Georgia as well as nationwide conduct a variety of operations online and their net is liable to catch you in it.

ILLEGAL COMPUTER SEXUAL ACTIVITY ONLINE

There are any number of online undercover law enforcement agencies circulating the internet at any given moment in order to catch predators. Their goal is to facilitate arrests of those conducting illegal activities involving the exploitation of underage teenagers and children. At any moment, your click on any unknown link can lead you down a rabbit hole that can change you life forever.

If you are facing charges in the state of Georgia for an internet sex crime, your very future is on the line. Without immediate and aggressive representation, you could be facing decades in prison, fines, the loss of your family, friends, employment and quality of life. Aside from the latter, your alleged actions will directly impact all of your loved ones as well as anyone associated with you. An internet sex crime charge can end with your name on a national lifetime sex offender registry and with requirements to make local notifications and be listed in local registries such as the sex offender registry, Marietta, GA. Local listings are designed to provide awareness and increase safety for citizens and their families but if falsely convicted they can destroy the lives of those put on them.

Get Immediate Criminal Defense Help In Cobb County

Before you give up and lose hope, before you go ahead and resolve that your life is over, contact experienced Sex Crimes defense attorney Gregory Chancy. He has served the Cobb County community and the surrounding area with superior criminal defense and will fight to clear your name, attain a dismissal, acquittal or reduced penalties depending on the circumstances surrounding your case. There is always hope with an aggressive attorney and intelligent strategies to fight for your freedom.

Computer Sex Crimes in Georgia

You can fall prey to and land in hot water as a result a number of online activities, especially those related to minors such as:

• Online solicitation of sex with a minor
• Possession of any child pornography
• Lewd Conduct related to a Minor
• Distribution of Child Pornography
• Making arrangements to meet a Minor
• Salacious material or sexual material sent to or shared with a minor
• Exploitation of Children
• Molestation of a Child
• Solicitation of a sex worker/prostitute

Defenses Against Georgia Computer Sex Crimes

While you are innocent until proven guilty, the fact is, cases involving sex with and sexual content of minors are treated quite differently within law enforcement and in the public domain. For these reasons, you need to speak with a local criminal defense attorney immediately. Your conviction requires that the prosecution prove that a law was intentionally broken. Did you know that clicking on a link would take you to child porn? Were you aware that the person you were set to meet was underage?

Unfortunately for you, it is much easier to prove that you are guilty and therefore, you should never speak to any law enforcement without an attorney present. Your words and actions can and will be used against you. In a large number of cases, the person charged is not even the owner of the computer or wasn’t even aware that such information or content was downloaded onto their computer or exists in the browser history. In addition, a mistaken link click that downloads malware containing such content could easily be loaded onto you computer without your knowledge. Get ahead of your defense by speaking to a Cobb County Criminal Defense Attorney today and get the help and support that you and your family will need during this difficult time.

Were you injured in an accident?

You may have been contacted by the responsible parties insurance company. If you haven’t, it may only be a matter of time. Insurance carriers are popular for making low-ball settlements early on in the process in order to avoid larger payouts.

OFFERING YOU FAIR MONEY

Despite what the title above says, that is almost nothing fair about fair money. When an insurance company puts an offer on the table that they qualify as “fair money” it is legal for you to accept such an offer, however, in many cases, injury victims do not understand what is fair in their case.

COMPENSATION OFFERED

Fair money is a sum of compensation that is offered as a result of damages that you incurred as a result of your accident injuries. This can encompass a variety of “damages” such as; property damages, lost wages, medical bills, other economic loss as well as pain and suffering.

When an insurance company offers you any form of financial payment, it is not likely that you will be able to calculate both short and long terms financial needs, more will you be able to understand the overall economic impact on all facets of your life. An experienced personal injury attorney can give you a better understanding of what should be covered and how best to help you get the resolution that you deserve under New York law.

Do Not Accept a Settlement Without A Personal Injury Lawyer

While you can be an educated accountant or financial planner, understanding what fair money is in your own particular case can be complex. You may attempt to calculate all of your bills, loss of income, and property damage but there are areas where only an experienced personal injury attorney can assist you with estimating what is actually fair. This can be a complicated process that should not be rushed through as once you accept any funds, you will not be able to come back later and tell a judge that you did not know any better. You do not and will not know the extent of your injuries early on in your case, some related injuries or the extent of the damage will not surface until much later. In effect, you do not know what income loss can lead to the loss of future opportunities that may be missed for unexpected surgeries or other unforeseen implications resulting from your accident injury.

Get Qualified Personal Injury Help, Call Scott Cerbin Today.