What Happens After a Drug Arrest in Georgia: An Overview

Every day in Georgia, someone faces arrest for a drug-related crime. While many know to stay silent and wait for an attorney during the arrest, few understand what steps to take or what to expect afterward. This guide will walk you through the basics of what you need to know to protect your rights and safeguard your future.

Keep reading to learn more about:

• How long Georgia law enforcement can hold you after a drug arrest.
• How the bail and bond system works in Georgia.
• What you can do when the evidence is against you in a Georgia drug charge.

What Happens Immediately After I Am Arrested for a Drug-Related Charge in Georgia?

Here’s what you can expect following a drug-related arrest in Georgia, depending on the type of charge and location:

• If You’re Caught With A Small Amount Of Marijuana: In Atlanta, possessing a small amount (less than an ounce) may only result in a citation rather than a full arrest. However, outside Atlanta, possession of any amount of marijuana is generally treated as a misdemeanor, and you’re likely to be taken into custody. For a marijuana possession charge, bail is typically set quickly, and you may be able to secure release on a relatively low bond.
• If You’re Arrested With A Controlled Substance: If you’re found with a controlled substance, you’ll likely be arrested on the spot. If this happens while you’re in a vehicle, law enforcement will usually conduct a full search of the vehicle, inventorying any items found. Any additional illegal substances or paraphernalia discovered will add to the charges. After being taken into custody, you can expect to see a judge within 72 hours, though often it’s the next day. At this appearance, the judge will review the charges and set a bond amount. If it’s your first offense, and you have a clean record, bond will likely be set at an attainable level. However, if you have an extensive criminal history or are on probation, the judge may set a high bond or deny it altogether, making release more challenging.

Attorney Lubin An is a skilled Atlanta criminal defense lawyer who has helped countless clients just like you stand up to the criminal justice system after a drug crime arrest. With 17 years of trials, negotiations, and appeals under his belt, attorney Lubin An is sharing his wisdom and experience to help ensure no one's rights are trampled in court.

Arrested or charged with a crime in Georgia? Contact LUBIN AN LAW, LLC as soon as possible to schedule an initial consultation.

Call For An Assessment Of Your Needs - (404) 531-1758

How Long Can I Be Held in Custody After a Drug Arrest?

Unfortunately, under the law, you can legally be stuck in custody all the way until the end of your trial. This is unlikely for most cases as long as you can afford the bail or bond required to secure a temporary release. However, for a trafficking charge, there is a decent chance that you may not get a bond, and you may remain in custody until your case is resolved in some form or fashion.

Since you can remain in custody all the way up to the point of a trial or its resolution, some kind of plea can often get you out sooner than waiting for trial (prosecutors know this and use it against you). It could be the next day, all the way up to some indefinite period of time, depending on the bond decision and your sentence in court.

Will I Be Allowed to Contact a Lawyer Right After My Drug Arrest, or Is There a Waiting Period?

While you have the right to a lawyer, this doesn’t mean you’ll be able to contact one immediately upon arrest. Law enforcement officers typically won’t allow you to make a call while you’re being handcuffed or placed in the police vehicle.

Once it’s clear you’re being taken to jail, you may be allowed to retrieve phone numbers from your phone and make a call, but the time you’re given for this is often limited. This process can take a couple of hours, depending on how long it takes to book you into jail. Once at the jail, request to make a call and ask specifically to contact your attorney.

(To be prepared, it’s wise to save the number of a skilled defense attorney in your phone now, so you’re not struggling to remember it later. Ours is (404) 531-1758)

And remember: throughout the process, you have the right to remain silent— so it’s best to use it and avoid answering questions until you have your lawyer present.

How Do Bail and Bond Work for Drug Arrests in Georgia?

The bail and bond process after a drug arrest in Georgia can vary depending on the charge. Here’s what to expect:

• For Simple Possession (e.g., Marijuana): In some jurisdictions, bond amounts for minor drug charges, like simple marijuana possession, are pre-set. This means you might be assigned a standard bond amount—typically ranging from $500 to $1,500—once you’re booked. With these pre-set bonds, you can usually post bond quickly and may not need to wait for a court appearance.
• For Other Drug Charges: For more serious drug charges, such as possession of controlled substances, you’ll usually have to wait to see a judge, which often happens within 72 hours.At this initial hearing, called a “first appearance hearing,” the court will inform you of your rights and the specific charges against you, and the judge will set a bond amount for each charge. If you have multiple charges, the judge will assign separate bond amounts for each, which are then added together for your total bond.
• For Trafficking Charges: If you’re charged with drug trafficking, the bond process is more complex. At the first appearance, a magistrate judge does not have the authority to set bond for trafficking charges. Instead, bond decisions for trafficking must be made by the Superior Court, which can delay the process. This means you won’t be eligible for bond at the first appearance and may have to wait for a separate hearing in Superior Court for a bond decision.

Overall, the bond process depends on the severity of the charge, and more serious charges may require more time and additional court hearings before bond can be granted.

Attorney Lubin An is a skilled Atlanta criminal defense lawyer who has helped countless clients just like you stand up to the criminal justice system after a drug crime arrest. With 17 years of trials, negotiations, and appeals under his belt, attorney Lubin An is sharing his wisdom and experience to help ensure no one's rights are trampled in court.

Arrested or charged with a crime in Georgia? Contact LUBIN AN LAW, LLC as soon as possible to schedule an initial consultation.

Call For An Assessment Of Your Needs - (404) 531-1758

Is It Worth It to Hire a Drug Defense Attorney When the Evidence Against Me Shows That I’m Clearly Guilty?

Yes, it is always beneficial to contact an attorney. Even if the evidence against you is strong, there are many ways that an attorney can help you find a more positive outcome.

At LUBIN AN LAW, LLC, when there is compelling evidence against a client, and no legal issues can be raised—such as Fourth Amendment violations by law enforcement—my focus shifts to minimizing the harm and penalties my client might face.

• Mitigating Consequences: In cases with overwhelming evidence, pursuing a trial may not be in the client’s best interest. Instead, I work on minimizing the impact of the charges through steps that demonstrate the client’s commitment to positive change. This often involves advising the client to enter a rehab program or complete a substance abuse evaluation and following up with any recommended treatment.
• Working Toward Fair And Minimal Penalties: My role then becomes centered on ensuring the client receives the fairest and most minimal punishment possible under the circumstances. This approach can make a significant difference in sentencing outcomes, as the court may look favorably on clients who are actively working to improve their situation.

In short, when the evidence is strong, my focus is on securing a fair outcome by demonstrating the client’s accountability and commitment to change.

Feeling Frightened, Overwhelmed After an Arrest? We Can Help!

If you’re feeling scared or uncertain after an arrest, you’re not alone, and we’re here to help. When you reach out to us, our approach is not about issuing commands or judgments—it’s about listening and understanding. Our first meeting, or initial consultation, is typically the longest and most in-depth for several reasons:

• Capturing The Facts While They’re Fresh: Right after an arrest, the details are still clear in your mind. This is the best time for us to discuss what happened so we can gather accurate facts and start building a strategy based on the full picture.
• Providing Support When You’re Most Vulnerable: Often, that first meeting is when you’re at your most anxious. I take this time to understand not only the facts but also how you’re feeling. While I’m here as your attorney—not a therapist—listening to your concerns is a crucial part of representing you effectively. Legal guidance doesn’t exist in a vacuum; understanding your emotional state helps me provide the best possible support.
• Building Trust And Clarity From The Start: In this first conversation, I want to offer you both reassurance and honesty. I’ll answer all your questions, even if some of the answers aren’t what you hoped for. I’m here to give you a clear, realistic perspective without sugarcoating. This transparency builds trust and helps relieve some of your initial fears.
• Setting Reasonable Expectations: I’ll never make promises or guarantees about outcomes because no ethical attorney should. If anyone guarantees a specific result, consider it a red flag. Having connections with prosecutors or judges doesn’t mean they’ll bend the rules. Instead, experience and familiarity with the system allow us to approach your case with insight into what strategies may resonate with decision-makers.

My commitment to you is confidence and honesty—support grounded in genuine concern and years of experience. This approach not only helps you feel more prepared but also ensures you’re equipped to face the legal process with clarity and resilience.

Arrested in Georgia on Drug Charges? Time to Give Us a Call.

For more information on What Happens After A Drug Arrest In Georgia, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (404) 531-1758 today.