Lawrenceville Drug Crime Lawyer

Drug Possession Law in Lawrenceville

According to Georgia State and Federal laws, when law enforcement officers pursue an individual for possession of controlled substances and drugs, they are prosecuted as felony crimes.

If charged with possession of marijuana under one ounce, it is considered a misdemeanor and can result in fines and jail time.

If you have been arrested or are under investigation by federal law for charges related to controlled substances, narcotics, or marijuana, you need to contact a Lawrenceville drug defense lawyer to guide and help with the drug charges.

Drug crimes are often the subject of federal or state drug investigations, while DUI drugs frequently cause arrests during DUI stops. If you are confronted with drug crime charges, contact a criminal defense attorney to build a strong defense case against the charges and reduce the likelihood of conviction.

Types of Drug Convictions

In the United States, drugs, controlled substances, and illegal chemicals used to produce drugs are categorized into five schedules. Under the Controlled Substance Act (CSA), drugs are placed in schedules according to their abuse potential, addiction potential, and medical use authorization in the U.S. 

These schedules are as follows:

Schedule I

This schedule contains substances that are not authorized for medical use and have a high potential to cause addiction if misused. Such substances include heroin, marijuana, lysergic acid diethylamide (LSD), peyote, hallucinogenic mushrooms, GHB, methaqualone, and 3,4-methylenedioxymethamphetamine (ecstasy).

Schedule II

Most substances in this schedule have an extreme ability for abuse and can cause severe physical and psychological addiction. These substances include narcotics and stimulants.

Some narcotics under Schedule II are opium, cocaine, codeine, morphine, hydromorphone, methadone, and oxycodone, among others.

Amphetamines, methamphetamines, and methylphenidate are among the stimulants. Other substances are glutethimide, amobarbital, and phenobarbital.

Schedule III

Substances and drugs categorized in this schedule have minimal psychological and physical addiction ability compared to those in Schedules I or II. Examples of narcotics in Schedule III include; buprenorphine, anabolic steroids, benzphetamine, ketamine, barbiturates, phendimetrazine, and Tylenol with codeine.

Schedule IV

 Drugs and substances classified as Schedule IV have a low potential for abuse and dependence. Substances in this schedule include Xanax, Carisoprodol, Valium, Tramadol, and Clonazepam, among others.

Schedule V

Any kind of prescription drug obtained illegally is in this category, violating Georgia laws. Those prescriptions include cough drugs with codeine.

What Are the Penalties for Drugs and Controlled Substances in Georgia?

According to the case’s circumstances, a Georgia drug possession charge will likely be prosecuted aggressively, potentially leading to harsh penalties.

A defendant can be convicted of drug offenses even if they don’t use the drugs; if they are in their possession, including on their property or vehicle, they can be charged.

In Georgia, most drug crime cases are charged as felonies. Some offenses have severe penalties that can affect your life significantly. Such penalties include:

• Hefty fines

• Incarceration

• Community service

• Suspension of your driving license

• Substance abuse treatment and counseling

• Probation

• Conviction of criminal charges

Dealing With a Drug Possession Charge in Georgia

If you are arrested for a drug charge, the first step is to consult an attorney to help you and prepare an effective defense approach to help you beat or reduce your drug possession charge.

An attorney will review the case and investigate the matter to determine if the law enforcement officer had a justified reason for the arrest. They will also examine the circumstances that led to the search and confiscation.

Additionally, the attorney will examine the search warrant to see if it met all requirements for a search and seizure. In order to convince the prosecutor of the flaws in the arrest, the drug lawyer will try to challenge the prosecution’s case.

Your drug crime lawyer may also object to law enforcement officers’ unlawful searches and seizures on your behalf under the Georgia Controlled Substances Act. If police officers denied you your rights against self-accusation, your attorney could use that as part of your defense. 

By hiring an experienced attorney, you will reduce your risk of incarceration because they will assess the void in the case and try to get the charges reduced.

Get Criminal Defense Legal Assistance Today

If you are arrested for drug-related charges such as possession of heroin, cocaine, LSD, ecstasy, and marijuana, among others, in Lawrenceville, Gwinnett County, and the surrounding counties, reach out to a criminal defense law firm immediately. A Philip Kim Law P.C. criminal defense lawyer can assist you in your case.

You can trust our experienced criminal lawyers to represent you and ensure we analyze all circumstances that led to your arrest, no matter how severe the legal issue may be. 

Contact our legal team of drug crime lawyers to schedule a free consultation. Our attorneys can assist you with your legal issues against all types of drug crime charges.

Frequently Asked Questions

Can a First-Time Drug Offender Go to Jail?

According to the Georgia First Offender Program, the drug possession penalty for a first offender will include probation, fees, program completion, and possible jail time if the offender had a prior arrest on other criminal charges.

How Can I Choose a Criminal Defense Lawyer?

In selecting a drug lawyer, it is crucial to choose one who understands how the type and number of drugs can affect your case. A criminal defense lawyer should also have experience with cases involving drug law and alcohol in that state and have practiced there before.

What Happens at My Arraignment for Drug Charges?

During your first court proceedings (arraignment), the judge will read your drug charge, and you will be permitted to plead guilty or not guilty. If your plea is not guilty, your criminal defense attorney will present your defense at an allocated date by the court.