Possession of a controlled substance is illegal and a conviction will affect your future
Controlled substances are regulated by the State of Georgia under the Georgia Controlled Substances Act and under federal law under the Controlled Substances Act. Under Georgia law, possession of a controlled substance can be a misdemeanor, or a felony, depending on the type of controlled substance and the amount.
Controlled substances are divided into five different “schedules” or lists of substances.
Schedule I includes drugs with a high potential for abuse with no medical use including heroin, LSD, and Ecstasy.
Schedule II includes drugs with a high potential for abuse and dependence but that also has a medical use such as Cocaine and Amphetamines.
Schedule III, IV and V drugs include drugs with progressively lower potential for abuse and addiction, and that can be used medically including some anabolic steroids.
Felony Possession of a Controlled Substance
Possession of a Controlled substance of a Schedule I or II substance, those drugs judged most addictive and dangerous, are felonies. The punishments include:
- For Possession of a Controlled substance of a Schedule I substance, or narcotic drug in Schedule II – for less than one gram (or one milliliter of a liquid) 1-3 years in jail, up to four grams or milliliters is 1 to 8 years in jail, and jail time continues to escalate as the amount of the substance increases.
- For non-narcotic Schedule II substances – less than two grams or milliliters of a liquid 1-3 years in jail, up to four grams or milliliters 1 to 8 years in jail, and jail time continues to escalate as the amount of the substance increases.
- For a third conviction, and any after that, the sentence can be
Possession of a Schedule III, IV and V substance is also a felony with 1-10 years in jail.
Less than one ounce of marijuana is a misdemeanor and a conviction will suspend your license and result in up to 12 months in jail, $1,000 fine, and probation. More than one ounce of marijuana is a felony charge which will suspend your license, and result in 1-10 years in prison, and up to $5,000 in fines.
Let us help you protect your future
Even a misdemeanor possession of a controlled substance for marijuana charges could result in having a criminal record with a drug conviction affecting scholarships, school admissions and attendance, student loan and public housing eligibility, and your ability to get or maintain professional licenses.
In addition to the problems described above, a felony conviction will further limit job and educational opportunities. Also, Georgia law creates a lifetime ban on food stamp eligibility and you cannot vote while incarcerated and on probation or parole.
I will fight to get your case dismissed
I will continue work with you throughout your case to learn the facts, and investigate to learn more information. I will research the laws unique to your situation, to find a legal theories can to protect you.
I will demand that the prosecutor has real evidence. Drug tests done soon after arrests are often inaccurate, and I will make sure the drugs are scientifically tested.
I will use techniques in the law of criminal procedure which could stop your case from going to trial. Depending on the case, I may be able to file Motions to Quash, Motions to Dismiss, and Motions to Suppress. If the police or prosecutor violated your Fourth or Sixth Amendment rights under the United States Constitution, we can have evidence, statements, or identifications suppressed so that they cannot be used at trial. Usually, a prosecutor is then forced to dismiss the case since they no longer have any evidence to convince the jury to convict a defendant. I can also move to dismiss your entire case if you were unlawfully arrested, the statute of limitations has expired, or your Fifth or Sixth Amendment rights are violated because you are not given your right to trial in a reasonable time, or you’re being prosecuted for a second time for the same offense.
We are experience working with prosecutors to keep your record clean.
I often negotiate with prosecutors about potential plea deals, and work with prosecutors to get clients a conditional release of a client with their first controlled substance charge so that if you complete probation, the a controlled substance charge will be dropped from your record.
I am ready for trial.
. Throughout the trial we will hold the prosecution to their burden to prove that you are guilty. I will teach the jury that you are innocent until the prosecutor proves to them that you are a guilty beyond a reasonable doubt during opening and closing statements, and remind them as I question witnesses. Iwill also make sure the judge properly instructs the jury about this important burden at the beginning and end of the trial.
I will search for helpful witnesses for you case, and if there are any, prepare them to testify.
I will cross-examine the prosecutor’s witnesses if I can undermine the credibility of the officers and other witnesses, and ask questions to help the jury to see holes in the prosecutor’s case like whether you “knowingly” possessed a controlled substance (if the jury believes that you did not know the drugs were present, you cannot be convicted)..
I will make sure the court, and the prosecutor, follows all the rules designed to protect defendants so that you get a fair trial.
I will make sure that the prosecutor can prove that the substances were scientifically proven to bedrugs, and were transferred between police officers and the testing lab properly.
Don’t let conviction for possession of a controlled substance ruin your future. Let me work for you to prevent a conviction or work for a more lenient sentence.