Atlanta Drug Possession Lawyer

Commitment to Client Rights & Defense

Our legal team at Weintraub & Alper Legal is exceptionally knowledgeable in search and seizure laws. Our attorneys will ensure that your constitutional rights have not been violated through law enforcement's discovery of drugs on your person, car, home, etc. With our legal support, we employ proven drug possession defense strategies to protect your rights. Our goal is to challenge the prosecution's case at every step, seeking a reduction or complete dismissal of your charges.

Being charged with drug possession in Atlanta can have serious legal consequences and implications beyond the courtroom. The community and personal effects, such as the potential loss of employment opportunities and social stigma, can be equally daunting. Therefore, we prioritize a comprehensive legal strategy that not only focuses on your case—whether you are a first-time drug offender or not but considers these broader implications to protect and restore your standing in the community.

Understanding Drug Laws in Atlanta

Drug laws in Atlanta are enforced strictly, reflecting the larger state of Georgia's stance on controlling substance misuse. Key institutions such as the Fulton County Superior Court play a critical role in adjudicating these cases. Local statutes require that drug possession be dealt with decisively, often involving rigorous court procedures. This makes navigating the legal landscape challenging without experienced legal guidance.

Weintraub & Alper Legal stands out by leveraging an in-depth understanding of both Atlanta's local court systems and the broader state regulations. Our adaptive approach is uniquely tailored to each client's situation, ensuring not just defense, but proactive legal guidance aimed at securing the best outcomes possible.

Understanding Georgia's Felony and Misdemeanor Drug Possession Penalties

Misdemeanor vs. Felony Possession

Possession of illegal drugs is a grave matter. For a misdemeanor, such as the possession of just one gram of marijuana, a first-time offender is exposed to:

• A sentence of up to 12 months in jail
• Payment of a fine of up to $1,000.00
• The creation of a permanent criminal record
• A mandatory six-month "hard suspension" of your Georgia driver's license

In contrast, possession of other drugs such as cocaine, heroin, methamphetamine, ecstasy, and other unlawful substances is a felony and is punishable by imprisonment for more than twelve months. A conviction for a felony exposes the defendant to the following:

• Not being eligible to obtain many positions of employment or admission into colleges
• Not being permitted to possess and/or use a firearm
• Not being eligible to be licensed in many professional fields
• Not being eligible to vote
• Harsher terms of imprisonment and higher fines
• Asset forfeiture

The impact of one foolish indiscretion can follow you for the rest of your life. Engaging a qualified attorney early can assist in identifying potential defenses or negotiating plea deals to mitigate these far-reaching impacts.

Impact of Drug Schedules (I-V)

Your consequences will largely depend on the substance in your possession. As defined by the Georgia Controlled Substance Act, drugs are categorized into a 'schedule' system, from I to V, with Schedule I drugs carrying the most severe penalties. Schedule I drugs may include heroin, LSD, or ecstasy, while Schedule V drugs could include anything that contains a small amount of codeine or opium.

The penalties for felony possession are based on the drug schedule:

Schedule I and II drugs

• 1st offense: Between 5 to 30 years imprisonment
• Two or more offenses: Between 10 to 40 years imprisonment; a life sentence is possible

Schedule III, IV, and V drugs

• Between 1 to 10 years imprisonment

The law will also consider how much evidence is discovered to determine the severity of the charges. If items such as measuring scales or plastic bags are found, these may be seen as tools to enable the transport or sale of drugs. It is essential to speak with an Atlanta drug possession attorney immediately to determine whether this evidence is enough to uphold the charges.

Have you been charged with drug possession in Georgia? Call Weintraub & Alper Legal today at (404) 907-1536 or contact us online to schedule a meeting with our drug possession lawyer in Atlanta! 

Our Defense Strategy: Challenging Unlawful Search and Seizure

Possession of drug prosecutions often involves search and seizure issues under the Fourth Amendment to the United States Constitution and Article I, Section 1, Paragraph XIII of the 1983 Georgia Constitution. Every person in our country has the constitutional right to be free from unlawful searches and seizures of their person, home, automobile, business, etc. The discovery of drugs often follows an apparent traffic stop of a motorist (often for "speeding" and/or for "failure to maintain a lane") and a subsequent search of his vehicle. A court-issued search warrant is not always needed to substantiate a person's vehicle search.

A warrantless search of your car for drugs can be based on the officer claiming that you—the car's driver—supposedly consented to the search. Also, the officer could claim that he accumulated evidence after he pulled you over that provided him with probable cause to believe that drugs were on your person and/or then secreted in your car, thereby permitting the officer to search your vehicle. Note that as for marijuana, the Georgia appellate courts have held that the odor of burnt marijuana—in and of itself—is enough evidence to constitutionally permit an officer to force the driver and passengers out of the car, frisk the occupants for weapons and drugs, and search the entire vehicle for drugs: all without a court-issued search warrant.

Given these complexities, it is paramount to understand your rights to champion them effectively. We advocate thoroughly assessing every search’s legality and ensuring your rights are not infringed upon. Therefore, consulting with our drug possession attorney is crucial in challenging unlawful searches and advocating for a just trial.

Navigating the Drug Possession Court Process in Fulton and DeKalb Counties

When facing drug possession charges in Atlanta, it's essential to understand the procedural expectations within local courts. Each district, including Fulton and DeKalb counties, follows specific protocols from arraignment to trial. Understanding these protocols can demystify the process and provide a framework for preparing your defense.

We prioritize keeping clients informed every step of the way. From preparing court submissions to rehearsing trial procedures, Weintraub & Alper Legal ensures you’re not only represented but fully prepared for what lies ahead.

Understanding Possession With Intent To Distribute

Georgia drug possession laws prohibit anyone from possessing either controlled or uncontrolled substances with the intent to distribute. If charged with this crime, the laws heavily penalize anyone convicted and faces felony-level consequences. These penalties may include substantial fines and lengthy imprisonment terms.

Moreover, intent to distribute can be implied through various means, such as possessing large quantities of a controlled substance, being apprehended with paraphernalia like scales or baggies, or engaging in transactions that suggest a sales operation. Understanding the nuances of these implications can equip you and your attorney to better defend against such charges and potentially negotiate lesser penalties.

Contact Weintraub & Alper Legal today to schedule a consultation with our Atlanta drug possession attorney!

Frequently Asked Questions

What Should I Do If I'm Arrested for Drug Possession in Atlanta?

If you're arrested for drug possession in Atlanta, your first step should be to remain calm and cooperative with law enforcement. It's crucial to understand your rights, including the right to remain silent and the right to an attorney. Avoid providing any statements until you've spoken with your lawyer. Contacting Weintraub & Alper Legal immediately can provide you with critical legal advice and representation from the outset of your case. By prioritizing legal counsel, you ensure that your rights are protected from the beginning, potentially impacting the outcome favorably.

How Does the Atlanta Legal System Handle First-Time Drug Offenders?

Atlanta courts may offer alternative sentencing options for first-time drug offenders, such as diversion programs or probation, aimed at rehabilitation instead of incarceration. However, these options depend on the nature of the offense and the specifics of the case. Engaging with a knowledgeable attorney can help navigate these options to find the best pathway that minimizes the impact on your life.

Can a Drug Possession Charge Be Expunged from My Record in Georgia?

In Georgia, expungement of a drug possession charge is possible but not guaranteed. The process, known as record restriction, removes your records from public access by sealing them. Eligibility for record restriction depends on various factors, such as the outcome of the case and prior criminal history. Working with an attorney knowledgeable in Georgia’s expungement laws provides clarity on eligibility and the procedural steps required for pursuing record restriction, thereby enhancing your ability to move forward without the shadow of a criminal record.

What are the penalties for simple marijuana possession in Georgia?

For possession of one ounce or less of marijuana, it is typically a misdemeanor in Georgia. However, the penalties can still be severe, including up to 12 months in jail, a $1,000 fine, and a mandatory driver's license suspension. The specifics can vary by jurisdiction, such as within Fulton or DeKalb County, making experienced legal counsel essential.

Can a drug charge be dropped before my court date?

Yes, it is possible for a drug charge to be dropped before your court date. An effective defense attorney can intervene early by examining the evidence for flaws, such as an illegal search or a problem with the chain of custody. By presenting these issues to the prosecutor, it may be possible to get the charges dismissed before the case proceeds further.

Can I be charged if I was just in the car where drugs were found?

Yes, this is a common scenario known as "mere presence." However, simply being present is not enough for a conviction. The prosecution must prove you had knowledge of and control over the drugs. Our defense strategy often focuses on demonstrating that the drugs belonged to someone else and that you were unaware of their presence.