Smyrna, GA, Drug Possession Lawyer

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Smyrna, GA, Drug Possession Lawyer
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Drug Possession

Drug Possession Attorney in Smyrna, GA

Getting caught with drugs in your possession can result in severe, life-altering penalties you may not be prepared to face. Depending on the amount of drugs and the type in your possession, you could end up serving decades in prison and having a criminal record for the rest of your life. When you need to beat a possession charge, you will want to hire an experienced Smyrna, GA, drug possession lawyer as soon as possible. Contact one immediately.

The legal team at The Law Office of Lawrence J. Zimmerman knows how useful a Smyrna drug possession attorney from a local law firm can be for your drug possession case. You may not fully understand the state’s drug possession laws and how they’ll impact your case. An experienced criminal defense lawyer, particularly one who focuses on drug possession cases, can end up being a valuable asset to your case. Our firm can build a sound defense strategy to address your charges.

Common Defenses Against Drug Possession Charges

If you are charged with misdemeanor drug possession in Smyrna, Georgia your case will be handled by the Smyrna Municipal Court, which can be found in Smyrna City Hall on King Street Southeast. This court handles many misdemeanor drug cases. However, if you’re charged with felony drug possession, the case will be transferred to the Cobb County Superior or State Court in Marietta. 6.17% of high schoolers have used marijuana in Georgia, so the court takes these cases seriously.

When you are arrested for drug possession, it can be embarrassing. An arrest can sometimes be enough to change the way people perceive you, and a conviction will not help with that. There were 50,400 prison inmates throughout the state in 2023, with many of them serving time for possession. Drug crimes alone accounted for 38.1% of all the criminal sentences across the state in 2024. You need to have a strong defense in place to avoid a conviction. Here are some options:

  • Lack of knowledge: Securing a conviction will involve proving that you knew about the drugs and intended to do something illegal with them. If your lawyer can successfully argue that you had no prior knowledge of the drugs’ existence, that can be enough to at least introduce reasonable doubt into your case. Your lawyer doesn’t technically need to prove your innocence. They just have to bring reasonable doubt into the case.
  • Chain of custody issues: For physical evidence to be useful to the prosecution, it must be preserved through the chain of custody. If the chain of custody is interrupted in any way, your lawyer can argue that there’s no way to prove that the drugs being introduced as evidence are the same ones that you were arrested with. Furthermore, chemical testing may show that the alleged substance isn’t even an illegal drug but some other chemical.
  • Valid prescription: If your case involves the possession of prescription drugs, you could introduce a valid subscription as a complete defense. All you need to prove is that you have a prescription for the drugs in question.
  • Illegal search: It’s always important to be aware of your rights as an American citizen. Under the Constitution, you are protected from illegal search and seizure. If the police search your home, vehicle, or person without probable cause or a valid search warrant, any evidence they find, including any illegal drugs, may be suppressed as inadmissible.

Penalties for Drug Possession in Georgia

The penalties you can face for drug possession in Georgia depend entirely on the type of drug you are caught with and how much was in your possession at the time.

  • Possession of a Schedule I or II drug or narcotic is punishable by up to 15 years in prison. A second conviction may land you 30 years in prison.
  • Possession of a Schedule III, IV, or V drug is a felony that can result in a prison sentence of up to five years, with a second conviction landing you in prison for up to 10 years.

FAQs

How Many Grams Is a Felony in Georgia?

In Georgia, the amount of a controlled substance that’s considered a felony depends on the drug in question. For marijuana, possession of more than an ounce is a felony. For Schedule I and II drugs like heroin, cocaine, and methamphetamine, possession of any amount is considered a felony. The penalties increase if you have a considerable amount, as that can land you a trafficking conviction.

What Are the Three Types of Possession?

In Georgia drug crimes, the three types of possession are:

  • Actual possession. The defendant had direct physical control over an illegal substance. Essentially, the drugs were found in your pocket or bag.
  • Constructive possession. The defendant didn’t have direct control over the illegal substances, but they had the power to exercise control over them. The drugs were found in your office, car, or home.
  • Joint possession. Two or more individuals share access to the illegal substance.

Is Possession of Drugs a Felony in Georgia?

Yes, possession of drugs is considered a felony in Georgia. The penalties you face for a drug possession conviction depend on multiple factors, including the type of drug and how much you had in your possession. You can even be charged with a felony if the drugs are found not on your person but in a place you control, like your car, home, or office. If this is your first offense, you may be offered an alternative to prison.

Should I Hire a Drug Possession Lawyer?

Yes, you should hire a drug possession lawyer. Drug possession cases can often be contentious and unpredictable. You will want someone who knows what they’re doing and can provide you with reliable advice. The longer you take to hire a criminal defense lawyer, the harder it can be to develop a strong defense strategy.

Hire a Drug Possession Lawyer Soon

You need to hire a drug possession lawyer to defend you against these charges. The Law Office of Lawrence J. Zimmerman has nearly three decades of legal experience, helping clients with their criminal defense needs. Our attorney can represent you, too. Contact us to speak to someone on our team about your case.

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