At SHElaw firm®, our Decatur drug crime lawyers represent people facing felony and misdemeanor criminal charges related to drugs. We work with people throughout Decatur and surrounding areas who have been accused of being involved with prescription drugs, meth, crack, cocaine, marijuana, and other controlled substances.
The severity of your case largely depends on the type and quantity of drugs involved, as well as the kind of charges that have been brought forward by the state. While the law treats everyone equally, the way the law applies to each individual case varies. The facts of your case are unique, and we, therefore, take a very personalized approach to your criminal defense in Decatur.
We customize our legal strategy to meet your objectives and needs, taking the time to involve you in every step of your case. From the moment we start representing you to the time the whole issue is resolved satisfactorily, our main goal is to get the best possible results.
Contact The SHElaw firm® at 470-378-1162 today to enjoy the services of competent and experienced Drug Crime Defense attorneys.
Types of Drug Crimes
Throughout Decatur and the larger DeKalb County, we assist people facing various types of drug crime charges, including:
There are 2 kinds of possession: constructive and actual. In a constructive possession scenario, the drugs may be found in a vehicle and no one claims, resulting in every occupant in the vehicle being charged with constructive possession of drugs. Actual possession happens when the drugs involved were allegedly found on the body of the person facing charges.
Possession With Intent to Distribute
This charge is brought when the drugs allegedly involved were large enough in volume that selling or distributing was possible. When the authorities find drugs in sandwich baggies, or on/with a scale, or in many baggies, they usually charge people with possession with intent to distribute. This is also the case if they find you with an ounce or more of marijuana.
Prescription fraud charges are usually brought against you when the authorities find you with unreasonable or unjustifiable types and quantities of prescription drugs. Giving out illegal prescriptions can also fall under prescription fraud.
In drug manufacturing and cultivation cases, the accused is charged with processing, compounding, producing, or preparing a controlled substance, by indirect or direct methods, or by extraction from a natural raw material. Common examples of manufacturing and cultivation operations include “meth labs” for making methamphetamine, ecstasy labs, and “grow houses” for marijuana.
Drug transportation is a serious crime that involves transporting illegal drugs via couriers like the U.S. Postal Service.
Selling both small and large quantities of controlled substances is illegal in the state of Georgia. The severity of a sales charge is entirely dependent on the type and amount of drugs that were allegedly involved, as well as whom the buyers and sellers were (either adults or minors).
Drugs & DUI
If you are pulled over and found with drugs in your system, police may charge you with possession of drugs and driving under the influence of alcohol, drugs, or other controlled substances. These cases may require the expertise of a drug crime defense lawyer who has experience handling DUI cases.
Penalties for Drug Crimes in Georgia
Drug crimes have harsh penalties in the State of Georgia, which is why it’s very important to find a dedicated and aggressive lawyer to help you with your case. Under the Georgia Controlled Substance Act (GSCA), you can be charged with drug possession, manufacturing, trafficking, and possession with intent to distribute.
Some penalties for drug crimes in Georgia include:
- Possession of Drugs like Heroin – 1 to 15 years in prison for just a couple of grams
- Possession With Intent /Manufacturing Drugs – 5 to 30 years in prison
- Trafficking – 5 to 30 years in prison and a $50,000 to -$1,000,000 fine. Depending on the type of controlled substance drug and amount, there may be mandatory minimum jail sentences starting at 10 years.
Misdemeanor vs. Felony Drug Charge in Georgia
Controlled substances are divided into 5 different “schedules” or categories of substances.
- Schedule I includes drugs with a high potential for abuse with no medical use, including Ecstasy, LSD, and heroin.
- Schedule II includes drugs with a high potential for dependence and abuse but a medical use, like Amphetamines and Cocaine.
- Schedule III, IV, and V include drugs that have medical use like some anabolic steroids, but have a significantly lower potential for addiction and abuse.
With that said, possession of a controlled substance of a Schedule I, II, III, IV, or V substance is a felony. Possession of less than one ounce of marijuana is a misdemeanor. More than one ounce of marijuana is a felony charge.
Can I Have a Drug Conviction Expunged in Georgia?
Yes. You can have your drug conviction records expunged or rather “restricted” in the State of Georgia if you have a history of criminal conviction. Having your criminal record expunged can open you up to new opportunities in life.
At SHElaw firm®, our experienced lawyers can properly advise you on whether your drug conviction can be expunged, as well as how to go about it.
Possible Defenses in Drug Crimes Cases
Possible defenses to drug crime charges in Georgia include:
No Probable Cause
The police do not have a right to invade your privacy and conduct a search of your body, car, or property with probable cause. Lack of a warrant or probable cause deems the search illegal. Arguing police didn’t have probable cause to search your house, car or person is one of the possible defenses.
Not the Owner
In simple possession cases, proving the drugs weren’t yours. You can also argue that the drugs belong to somebody else. Possession does not equate to ownership, and you can use this defense to force the prosecution to prove that the drugs were indeed in your control.
How Much Will Hiring a Decatur Drug Crime Lawyer Cost?
How much you can expect to pay for a private drug crime defense attorney will vary depending on a number of factors including the severity of the charges, the lawyer’s experience, and whether your case goes to trial.
At SHElaw firm®, we offer a free consultation and case evaluation where we discuss our fees and services before you retain our counsel.
Contact SHElaw firm® Today for the Best Defense!
We have highly qualified and experienced drug crime defense attorneys in Decatur who are ready to fight for your rights and freedoms, no matter the costs. Contact SHElaw firm® at 470-378-1162 to learn more about our criminal defense services.