There is a punishment range for any drug crimes are determined by the type of controlled substance (the penalty group) involved and the amount involved. There are various classifications and penalties that can range from a misdemeanor to felonies.
To prove the offense of possession of a controlled substance with the intent to deliver, the State must prove, in addition to possession, that the accused intended “to transfer, actually or constructively, to another a controlled substance.” Intent to deliver a controlled substance can be proved by circumstantial evidence, including evidence regarding an accused’s possession of the contraband.
Although every case is different, your defense strategy for challenging your drug crime charges will depend on:
Investigations surrounding the circumstances of your drug charges and arrest. Did the police have reasonable suspicion to pull you over or search your house? An argument for unlawful search and seizure can be made in many cases. If a judge finds that the police seized evidence in violation of your constitutional rights, the evidence will be suppressed and your case will be dismissed.
Evaluating the nature of the drug charges. Whether or not you were actually in possession of illegal drugs turns on whether you exercised care, custody, or control over them. In many cases, the police cannot establish affirmative links between the seized controlled substance and the person accused of possessing them.
Why Do You Need a Defense Lawyer For Drug Charges?
If you are in Cobb County or surrounding counties and have been charged with possession of a controlled substance, or possession of a controlled substance with intent to deliver, you will need an experienced Drug Charges Defense Attorney.
Contact an experienced drug defense lawyer to provide you with legal advice and representation in a Georgia court of law. We have handled drug cases like yours and will be able to create a strategic drug charge defense for your case. Contact our office today for assistance.
Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.