Legal Defenses for Possession & Intent to Distribute Charges

Legal defenses for possession and intent to distribute charges in Georgia rely on police errors. Top strategies challenge the evidence, find fault with police procedures, or prove reasonable doubt¹ regarding intent or knowledge. Several strategies are available to fight drug charges in Georgia. Read this article to learn the top defense strategies used by drug crime defense lawyers.

Defenses to Drug Possession Charges

A drug possession charge is among the most common drug crime charges in Georgia. Drug possession charges can be misdemeanors or felony offenses. The type of substance and quantity involved are key aspects that determine the complexity of a defense strategy. Here are the most common strategies for drug possession charges in Georgia:

• Illegal Search and Seizure: If officers found drugs during an improper search (no valid warrant, no probable cause), any evidence obtained may be inadmissible in court under the Fourth Amendment.
• Lack of Knowledge or Intent: A common defense is to show the defendant did not know about the drugs or did not have the intention to possess them. This is ideal when substances were found in a shared space (apartment, vehicle, etc.).
• Lack of Possession: Defense attorneys can argue that the defendant had neither actual nor constructive possession over the drugs. This allows the argument that someone else had control over the substances.
• Chain of Custody Issues: If the prosecution cannot prove the documented handling of evidence was reliable and intact, the case may be weakened.
• Challenging Drug Testing and Measurement: Mistakes in lab testing, volume, or identification of the substance can result in dropped or reduced charges.
• Entrapment: Proving law enforcement induced the defendant to commit a crime they would not otherwise have committed.

Defenses to Intent to Distribute Charges

An intent to distribute charge usually applies when there are substantial quantities of illegal substances. This may also apply when any substances are packaged for street sale. Almost every intent to distribute arrest will be prosecuted as a felony offense. The type of substance and quantity involved are key aspects that determine the complexity of a defense strategy. Here are the most common strategies for drug possession charges in Georgia:

• Challenging the "Intent" Element: The prosecution must prove not only possession but also "intent to distribute". Defense tactics include arguing the drugs were possessed for sale vs. personal use.
• Lack of Evidence for Distribution: If there is not sufficient evidence such as large quantities, packaging material, cash, or communications suggesting sales, the intent claim may be successfully challenged, possibly reducing the charge to simple possession.
• Alternative Explanations: Defendants can argue that the evidence (like possession of scales or plastic bags) was for personal use, not distribution.
• Mitigating Circumstances and Diversion: First offenders may be eligible for diversion programs or conditional release, leading to the charge being dismissed upon successful completion of requirements.

Illegal Search and Seizure

Fourth Amendment Rights make unreasonable searches and seizures completely illegal. Any evidence obtained via an illegal search, if so proven, can be disqualified from use. If a judge rules that any such search violated your constitutional rights, there is a potential for dismissal of your case.

Arguing that police actions constituted illegal search and seizure can establish a reason to suppress evidence. A motion to suppress can be used to disallow evidence obtained via:

• Vehicle search during a traffic stop
• Body pat-down search
• Unconstitutional search of residence
• Baseless search warrant

In order to obtain a search warrant, law enforcement must convince a judge of the existence of probable cause. If probable cause was flimsy, an entire case may be thrown out.

Key Points

• Challenge Procedural Errors: Mistakes in procedure, such as lack of probable cause or improper arrest, can lead to case dismissal.
• Exercise Constitutional Rights: The right to remain silent and to legal counsel is fundamental in building an effective defense.
• Case-Specific Defenses: Each case is different; the right strategy depends on the facts and circumstances surrounding the arrest and investigation.

By employing these defenses, individuals facing possession or intent to distribute charges in Georgia may be able to have their charges reduced or dismissed. If you have been charged with possession or intent to distribute, you should call a drug crimes defense lawyer as soon as possible. We encourage you to reach us at 770-956-1400.

Footnotes & Credits

• ¹ Blass Law Staff, "What is Proof Beyond a Reasonable Doubt?", March 10, 2025, Available from Blass Law
• Image by Лечение наркомании from Pixabay