Illegal Substance Arrest

Drug Charges

Drugs, Illegal & Controlled Substances

Any drug crime related arrest in Georgia will bring an aggressive prosecution with a near-certain possibility of incarceration. Depending on the circumstances of the case, a sentence may allow for a first offender program or incarceration up to 30 years.

The Nature of the Charges

The nature of the charges and where the case will be prosecuted are extremely critical factors in developing a drug charges defense. Drug charges can be misdemeanor or felony crimes, they can be local, State, or Federal charges brought by the FBI, DEA, or ATF.

Other circumstances can make a case easier or more difficult. Is the case a single charge or multiple charges? Is the accused a first offender or a repeat offender? Are other people (conspirators) involved?

Factors That Affect Sentencing

  • What are the relevant State and/or Federal sentencing guidelines for charges filed against you?
  • Are your charges misdemeanor charges or felony charges?
  • Are criminal charges for a first, second, or further drug possession arrest?
  • What are the recorded type(s) and quantity of illegal substances?
  • What is the assumed intent (i.e., personal use, distribution/trafficking, etc.)?

Potential Outcomes in Drug Cases

. The defense attorney will contact the prosecutor to discuss the case. An attorney wants to gauge the strength of the prosecutor's case, the attitude of the prosecutor.

Dismissal of Charges. A defense attorney will first consider how to get charges dropped. There are a number of ways that this may be possible such as proving an illegal search or flawed police work.

First Offender Status. If you are a first-time offender, your chances for leniency are reasonably good meaning diversion sentencing or probation may be possible. If you have a prior arrest, that is a factor that will complicate your defense.

Plea Bargain. If the prosecutor has an air-tight case with indisputable evidence, your attorney may pursue a plea deal to get you the lightest possible sentence.

Jury Trial. The most serious drug crime cases often move forward into a jury trial. When selecting a defense lawyer a defendant should hire a lawyer with substantial success in jury trials. Changing lawyers late in your case is problematic, act early to be prepared for whatever may come.

If you have been arrested or find yourself facing drug crime charges you need to hire an expert defense lawyer. Call us at 770-956-1400 to arrange time to discuss your situation and get answers to your questions.