Drugs Across Guardline
Drug Crime Topics
Drugs Across the Guardline
What is Crossing the Guardline?
In Georgia, "drugs across the guardline" typically refers to the illegal transportation of controlled substances beyond the boundaries established by law enforcement, often across state lines or into secure areas such as prisons. This can involve a variety of controlled substances, including but not limited to, marijuana, cocaine, heroin, methamphetamine, and prescription medications (controlled substances).
What is the Guardline?
The guardline effectively refers to any point in a correctional facility (detention center, jail, prison, etc.) where a guard is stationed to control entry and departure.
Whether you are a person held in custody, convicted inmate, employee, maintenance contractor, or visitor you are subject to arrest for any breach of facility rules regarding contraband.
Although officers may scan a person with a metal-detector wand, do a pat-down search, or do a strip search the person crossing the guardline has total accountability for anything in their possession.
Relevant Laws and Statutes
The Georgia Code, particularly O.C.G.A. § 16-13-30, outlines the illegal possession, distribution, and transportation of controlled substances. Under this statute, transporting drugs across the guardline is treated with a high degree of severity, especially given the potential implications for public safety and the integrity of enclosed environments like prisons.
Moreover, if an individual is found to be in possession of drugs near a guardline, the prosecution can often utilize the presence of the guardline to escalate the severity of the charges, asserting that the individual intended to commit a more grievous offense by crossing such a boundary.
Georgia Law O.C.G.A. 42-5-15
This law pertains to the act of crossing of guard lines with weapons, intoxicants, or drugs without consent of warden or superintendent.
(a) It shall be unlawful for any person to come inside the guard lines established at any state or county correctional institution with a gun, pistol, or any other weapon or with or under the influence of any intoxicating liquor, amphetamines, biphetamines, or any other hallucinogenic or other drugs, without the knowledge or consent of the warden, superintendent, or his designated representative.
(b) Any person who violates this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than four years.
Georgia Law O.C.G.A. 49-4A-16
This law pertains to the act of causing the passage or transfer of certain items across guard lines; penalty
(a) As used in this Code section, the term "guard lines" means the lines established pursuant to Code Section 49-4A-15.
(b) It shall be unlawful for any person to cause to be introduced across guard lines or to come inside such guard lines with:
(1) A gun, pistol, knife, or any other weapon or a bullet, ammunition, or explosive device; or
(2) Any intoxicating liquor, amphetamines, marijuana, or any other hallucinogenic or other drugs.
(c) The provisions of this Code section shall not apply when the commissioner or director of the juvenile detention facility has provided authorization for the introduction of the items listed in subsection (b) of this Code section into such facility.
(d) Any person who violates this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than four years.
Importance of Legal Representation
Given the complexity and severity of drug offenses in Georgia, individuals charged with transporting drugs across the guardline should seek immediate legal counsel. Experienced attorneys can navigate the legal landscape, provide insight into possible defenses, and work towards securing the best outcome possible.
If you have been arrested for crossing the guardline you need to hire an experienced defense lawyer. Call us at 770-233-7819 to arrange time to discuss your situation and get answers to your questions.