Drug Crimes Attorney in Walton County Georgia
Drug crimes are some of the most common charges in Georgia. Substances from marijuana to heroin and prescription drugs are all potentially illegal to possess in Georgia. Drug charges can lead to probation, fines, and even prison and jail sentences, as most drug offenses are felonies.
Drug Possession, Trafficking, and Sale
The most common drug crimes involve simple possession, distribution, sale and trafficking. Drug possession can be actual or constructive. Actual possession is when a person has direct control over the drugs and they are in his or her immediate vicinity, such as in their hand or pocket. Constructive possession deals with a scenario when the drugs are not present but are located in a place the person controls, such as a bedroom or vehicle.
Trafficking in drugs is a crime with two elements. The first is possession. The second is quantity. In Georgia, each illegal drug has a set quantity at which possession becomes trafficking. Interestingly, there is no component to sell or distribute the drug. Rather, the mere possession of that drug in an amount over the specified quantity qualifies as trafficking. For methamphetamine, for example, possession of 28 grams or more is trafficking.
For the crime of sale of a controlled substance, there is no minimum weight requirement of the drug. All that is required is that the drug is possessed and then sold for money. The amount of money does not matter either.
What To Do When Charged With A Drug Crime?
The first thing you will want your attorney to do is to explore any defenses you might have. There are several important defenses to drug crimes. For example, the State must prove that the substance in question is what they say it is through a chemical test. For trafficking charges, they must also prove the amount. After proving the authenticity of the substance, the State must then prove that you knowingly possessed the substance. What’s more, if you, your home, or your vehicle was unlawfully searched, you may be able to get any evidence excluded from trial due to the violation of your constitutional rights.
If a traditional defense is not available to you, you may want to resolve your case short of trial in a manner which protects your record, such as drug court, a diversion program, or a guilty plea under conditional discharge or first offender. Call us today for a free consultation to determine the best approach to your case!