Your Step-By-Step Guide to Navigating a Drug Possession Charge in Georgia

Facing a drug possession charge in Georgia can be an overwhelming and potentially life-altering experience. Even a single misstep or misunderstanding may lead to criminal prosecution, with consequences that impact various aspects of your life. This guide provides essential information on what to expect, how to protect your rights, and steps to take if you’re charged with possession of illegal drugs in Georgia.

Keep reading to learn more about…

• Your rights when searched and charged.
• The consequences of a drug possession conviction and how to defend against them.
• What to do and not to do when charged and waiting while your case is pending.

What Are My Rights If I Am Searched and Drugs Are Found on Me in Georgia?

If drugs are found on you during a search, you still have critical rights that can impact your case:

• Right To Remain Silent: You are not required to answer any questions about the drugs or the situation. It’s often best to stay silent until you have legal representation. This right protects you from saying anything that could later be used against you.
• Protection Against Unwarranted Searches: In most situations, the police need a warrant to search your property, like your home, unless specific exceptions apply. Without a warrant, they can’t legally go through your belongings or do a full search of your home unless you give consent. By refusing consent to a search, you help preserve your right to challenge it later if it turns out the search wasn’t conducted properly.

What are the Consequences of a Drug Possession Conviction?

In Georgia, the penalties for a drug possession conviction vary depending on the amount and type of drug. Generally, there are two main types of possession charges:

• Misdemeanor Possession: Possessing small amounts of certain drugs (such as less than an ounce of marijuana) may be classified as a misdemeanor, carrying lighter penalties, such as smaller fines and shorter potential jail times.
• Felony Possession: Most drug possession cases are classified as felonies. This includes having larger amounts or certain types of controlled substances and usually involves much more serious penalties, including longer prison sentences.

Drug possession can even lead to trafficking charges if the amount meets specific thresholds. Many people assume trafficking means selling or transporting drugs, but in Georgia, simply having a certain amount of any given drug can trigger a trafficking charge.

Trafficking charges come with mandatory minimum prison sentences—for example, five years for certain amounts of marijuana, and 10 to 25 years for other drugs, depending on the type and amount.

In contrast, if you’re charged with simple possession of a small amount, penalties may include probation or a sentence of three to four years.

Attorney Lubin An is a talented Atlanta criminal defense lawyer who has helped countless clients just like you navigate the perils of Georgia’s criminal justice system. With 17 years of trials, negotiations, and appeals under his belt, his advice is always geared toward minimizing not just your criminal penalties but also the social and economic burdens of a conviction.

Have you or someone you love been arrested or charged with a crime in Georgia? Contact LUBIN AN LAW LLC today to schedule an initial consultation.

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

What Are Some Potential Defenses to Drug Possession Charges in Atlanta, GA?

For a drug possession charge to hold, the prosecution must prove that you had knowledge of the drugs. Here are some potential defenses:

• Lack Of Knowledge: If, for example, drugs were found in a car you borrowed, and you had no reason to know they were there, you could argue that you weren’t aware of their presence.Suppose a friend lent you a car, and drugs were hidden under the driver’s seat. If you were unaware of the drugs, you might defend that it wasn’t your vehicle and that other people had access to it, making it unlikely you would know the drugs were there.
• Questionable Ownership: The same reasoning of “lack of knowledge” applies to a home. In short, even if drugs are found in a space you’re occupying, it doesn’t automatically mean they are yours – especially if multiple people live there.
• Police Conduct: Another key defense involves the actions of law enforcement. Drug charges often rely heavily on how the police conducted the search. Questions about how they found the drugs, whether they had probable cause, or if they violated any Fourth Amendment rights can all be points of defense. If the police didn’t follow proper procedure in finding the drugs, those actions could be challenged. In short, defenses typically focus on your knowledge of the drugs and whether law enforcement followed proper procedures.

What Should I Do or Avoid Doing While My Drug Possession Case Is Pending?

While waiting for your case to resolve, there are a few important things to keep in mind:

• Avoid Getting Arrested Again: One of the most important things to avoid is getting arrested on any new charge, especially another drug-related offense. Any additional charges can harm your defense and impact the outcome of your case.
• Consider Treatment: If your charge is solely for possession, addressing any underlying substance use can be beneficial for both your health and your case. Georgia has laws designed to support people with substance abuse issues, providing second chances and recognizing that addiction can be complex and persistent. Engaging in treatment now shows the court that you’re taking positive steps toward recovery.
• Don’t Delay Seeking Help: Taking the initiative to get treatment before it’s required can make a meaningful difference. It demonstrates your commitment to improving your situation, which can positively influence how the court views your case.

Attorney Lubin An is a talented Atlanta criminal defense lawyer who has helped countless clients just like you navigate the perils of Georgia’s criminal justice system. With 17 years of trials, negotiations, and appeals under his belt, his advice is always geared toward minimizing not just your criminal penalties but also the social and economic burdens of a conviction.

Have you or someone you love been arrested or charged with a crime in Georgia? Contact LUBIN AN LAW LLC today to schedule an initial consultation.

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

Some Food for Thought: Insights from an Atlanta, GA Drug Crimes Attorney

Facing a drug possession charge can be overwhelming, but how you respond can make a big difference—especially if this is your first offense. Here are some strategies based on whether you’re a first-time or repeat offender:

• If This is Your First Drug Charge: When it’s your first charge, and you’re not facing accusations of intent to sell or distribute, taking proactive steps can work strongly in your favor. If the facts are not on your side and the evidence is likely to lead to a conviction, consider a straightforward approach: show the court that you’re ready to turn things around.Getting a substance abuse evaluation and following any recommended treatments can demonstrate your commitment to making positive changes. This shows the court that you’re taking responsibility and are serious about getting back on track.However, if the amount found was very small, like something you had on you at a party, and the evidence isn’t overwhelming, a different defense approach might make sense. In these cases, working closely with your attorney can help you find the best response based on the unique details of your situation.
• If You’re a Repeat Offender: For repeat charges, your options may be more limited, as courts are often less lenient with individuals who have prior offenses. This can be a good time to show the court that you’re ready to address the underlying issue.Often, repeat offenses signal a deeper substance use problem, so considering more intensive help, like inpatient treatment or rehab, could be a powerful step. Engaging in a committed, serious recovery program sends a clear message to the court that you’re not ignoring the problem; you’re actively working to change your circumstances.

Taking these steps shows the court—and even a potential jury—that you’re not just trying to avoid punishment but are genuinely committed to change. An attorney can help you find the most effective programs and treatments that will not only aid your recovery but also strengthen your case.

Have You or a Loved One Been Arrested for Drug Possession in Georgia?

For more information on Criminal Drug Charges 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.