Lawrenceville Drug Possession Lawyer

Lawrenceville Drug Possession Attorney

Being charged with possessing drugs can be a distressing experience. This is especially true when one understands that the consequences of this illegal behavior are intense. It can include expensive fines or a mandated prison sentence. If you have been accused of this crime, you need to hire a Lawrenceville drug possession lawyer. An experienced lawyer is professionally trained to represent their clients and ensure their rights are defended.

At The Fleming Firm, we understand how stressful these situations can be. We’ve seen it firsthand over the years as clients come through our doors looking for help. Whether you want to fight the allegations directly or offer a creative plea deal, we can help with your drug possession defense case. We are committed to guiding our clients through each step of the legal process, no matter the obstacles ahead.

What Defense Strategies Exist to Challenge Drug Possession Allegations?

Depending on the specifics of your drug possession case, there are many different strategies a criminal defense lawyer could utilize to help achieve the favorable outcome you are looking for. Some of the most common strategies used in these cases include:

Unlawful Search and Seizure

The Fourth Amendment of the U.S. Constitution prevents any law enforcement officer from entering and searching someone’s property without securing a warrant. If a defense lawyer can prove that their client was subjected to an illegal search and seizure, this alone has the power to dismiss critical evidence the prosecution is relying on. This could include the actual drugs found on the scene, which would discredit the entire case.

Lack of Possession

To convict a defendant of drug possession, it must be proven to a judge and jury that they were aware the drugs existed and were in their possession. If the drugs were found in a shared place, like an apartment with multiple roommates, it could make it harder for the prosecution to make their case. An attorney could argue that there is not enough evidence to directly link the crime solely to their client.

Mistake of Fact

Another possible defense is to argue that you were aware the specific substance was in your possession, but you genuinely thought it was legal. This defense is more commonly seen in cases of prescription medication, where the defendant thought it was provided to them as an over-the-counter supplement. In these situations, a defense lawyer can create a strategy that highlights the facts you genuinely misunderstood.

Chain of Custody Issues

Once evidence has been collected by law enforcement, it needs to advance through a series of documented procedures and processes to ensure it is not compromised. If there is any evidence to suggest a chain of custody issues were broken, a defense attorney could argue the evidence is no longer valid to use and should be dismissed from the case. Depending on what evidence is dismissed, this could completely change the dynamic of the case.

Medical Necessity

Defense strategies of medical necessity are typically used when someone is caught with an illegal amount of marijuana. Many people across the country are prescribed medical marijuana by a licensed healthcare professional to treat a number of common health issues, like pain management and anxiety. A defense attorney could help prove that their client had the proper paperwork in place to demonstrate the medical reason that allows them to possess marijuana.

FAQs

How Long Do You Go to Jail for Drug Possession in Georgia?

The total length of a jail sentence related to drug possession in Georgia will depend on the specifics of your case. The most influential factor is if you are charged with a misdemeanor or felony. A misdemeanor or felony charge will depend on the types of illegal substances you were caught with, how much of it was in your possession, and your intent with it. A defense attorney can help negotiate the length of a prison sentence.

Can You Get Probation for a Felony Drug Charge in Georgia?

Yes, probation is a common penalty assigned for felony drug charges in Georgia. This can happen either immediately or after time spent in prison. The most likely candidates to receive immediate probation are first-time offenders who had possession of illegal substances but did not have any intention to sell them to others. During probation, individuals may be subjected to random drug tests and community service requirements as part of the penalty.

Can You Get a Bond for Drug Trafficking in Georgia?

While it is possible to receive a bond with a drug trafficking charge, it is not an easy legal task to accomplish. Being found guilty of drug trafficking is an extremely serious offense in the eyes of the law due to the damages that can be done to the victims of this crime. If you have no prior criminal history and there was a small amount of drugs involved, your chances of receiving a bond could increase.

What Should You Do If You’re Arrested for Drug Possession in Georgia?

The most important thing to remember if you’re arrested for drug possession in Georgia is to remain calm and silent. You have the legal right not to self-incriminate, which means you should wait to speak with an attorney. Anything said in front of law enforcement could potentially be used against you in your case. Engaging a lawyer early in your case can help set you up for success in defending your interests in court.

Contact The Fleming Firm Today

If you or someone you know has been charged with drug possession, you should seek legal help immediately. While facing drug possession charges can be an intimidating experience, the good news is that you don’t have to go through the process alone.

Connect with The Fleming Firm today to learn more about how we can help protect your rights and achieve the outcome you are looking for. With our legal team on your side, you can trust that you are getting the quality legal representation you deserve.