JLA Law Group

Drug Charges in Georgia: Aggressive Defense

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Georgia has some of the most severe drug laws in the country. Possession of even small amounts of certain substances can result in felony charges with mandatory prison sentences. In Gwinnett County, the prosecution aggressively pursues drug cases. At J. Lee & Associates, we build strong defenses that protect your freedom and your future.

Under the Georgia Controlled Substances Act (O.C.G.A. § 16-13-20 et seq.), controlled substances are classified into five categories (schedules). Possession of Schedule I or II substances such as cocaine, heroin, methamphetamine, or fentanyl is a felony carrying 2 to 15 years in prison. Possession of more than one ounce of marijuana is also a felony. Trafficking charges under O.C.G.A. § 16-13-31 carry mandatory minimum sentences of 5 to 25 years depending on the quantity.

For non-citizens, a drug charge carries extremely serious immigration consequences. Virtually any drug conviction (except simple possession of 30 grams or less of marijuana) is a basis for deportation under INA § 237(a)(2)(B) and a permanent bar to admissibility under INA § 212(a)(2)(A)(i)(II). The defense strategy must consider immigration implications from day one.

Steps You Should Take

1

Exercise Your Right to Remain Silent

Do not talk to police about any drugs found. Do not confess to possession or offer explanations. Say: 'I want to speak with my attorney before answering any questions.' Every word you say will be used against you.

2

Call (770) 609-9396 Immediately

Drug charge defense requires immediate action to evaluate whether the search was legal, whether the chain of custody was maintained, and whether first offender program options exist.

3

Do Not Consent to Searches

You have the right to refuse consent to search your vehicle, home, or belongings. Say clearly: 'I do not consent to this search.' If police search anyway, your attorney can file a motion to suppress the evidence.

4

Disclose Your Immigration Status to Your Attorney

If you are not a citizen, the immigration consequences of a drug conviction are devastating. Your attorney must design a strategy that protects both your freedom and your immigration status.

Frequently Asked Questions

What are the penalties for drug possession in Georgia?
Possession of Schedule I/II (cocaine, heroin, meth, fentanyl): 2-15 years in prison as a felony. Marijuana less than 1 ounce: misdemeanor, up to 12 months and $1,000. Marijuana more than 1 ounce: felony, 1-10 years. Trafficking charges carry mandatory minimums: 28+ grams of cocaine = minimum 10 years.
Can I get a first offender program?
Georgia offers diversion programs for first offenders under O.C.G.A. § 42-8-60 et seq., including the conditional first offender program. If you successfully complete the program, the charges may be dismissed or restricted from your record. Not all charges qualify.
Did the police need a warrant to search me?
Generally yes, under the Fourth Amendment. Exceptions include: voluntary consent, search incident to a lawful arrest, plain view, and exigent circumstances. If police violated your constitutional rights, the evidence can be suppressed and the charges dismissed.
What is the difference between possession and trafficking?
Possession means having drugs for personal use. Trafficking is determined by quantity, not proof of sale. Under O.C.G.A. § 16-13-31: 28+ grams of cocaine, 28+ grams of meth, or 4+ grams of heroin automatically constitute trafficking charges with severe mandatory minimum sentences.
Will a drug charge get me deported?
Almost certainly if it results in a conviction. Under INA § 237(a)(2)(B), any controlled substance conviction (except simple possession of 30g or less of marijuana) is a basis for deportation. It is a permanent bar to admissibility. The defense strategy must avoid a drug conviction at all costs.

Applicable Laws

O.C.G.A. § 16-13-30Possession of controlled substances: penalty classification by schedule.
O.C.G.A. § 16-13-31Drug trafficking: minimum quantities and mandatory sentences.
O.C.G.A. § 42-8-60First offender programs and conditional diversion for first-time offenders.
INA § 237(a)(2)(B)Deportation for controlled substance conviction: applicable to non-citizens.

Related Services

DUIDefensa CriminalAsalto y AgresiónDefensa CriminalDefensa contra DeportaciónLey de Inmigración

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