Dedicated Drug Crimes Attorney Counseling Georgia Residents
Drug crimes are not to be taken lightly in the state of Georgia. Considerations such as whether a substance was prescribed or taken independently of a physician are certainly relevant, as is the amount possessed and whether or not the drug was sold or passed on to another individual.
When it comes to illegal narcotics, the word “controlled” often refers to the use and distribution of the substance as governed under state law. Controlled substances are often classified at different levels (i.e. “schedules”) in accordance with state and federal regulations.
One of the most common drug offenses involves possession of a controlled substance. More often than not, prosecutors seeking a possession conviction must prove that the accused person:
- Intentionally possessed a controlled substance
- Possessed the controlled substance without a valid prescription
- Possessed a quantity sufficient for personal use and/or sale
A possession charge can also be based on the “constructive” possession of an illegal drug. “Constructive” possession means that even if a defendant does not actually have the substance on them, a possession charge may still be filed if she or he had access to the place where the narcotic was found — i.e. a backpack, shopping bag, pocket, etc.
Distribution and Trafficking
“Distribution” typically applies to a person accused of selling and/or delivering an illegal substance. By contrast, “trafficking” refers to the illegal sale and/or distribution of a controlled substance. Despite the similarities between the two terms, trafficking has much more to do with the amount of drugs involved. Keep in mind that the consequences of a conviction for distribution and trafficking vary depending on:
- The type and amount of the drug(s) involved
- The location where the defendant was arrested
- Whether or not the defendant has a criminal record
The state of Georgia can charge a person for playing a role in the cultivation and/or manufacturing of an illegal substance. Determining whether or not a defendant engaged in cultivation means proving that she or he grew, possessed and/or produced the “ingredients” necessary to create the substance in question (i.e. cannabis seeds, marijuana plants, etc.).
Contact Ralph Hinman For Help
If you have recently been accused of committing a drug-related offense, there is no time like the present to secure your future. For nearly 40 years’ experience in your corner, contact attorney Ralph M. Hinman, Attorney at Law as soon as possible.