If you are charged with a drug violation, you may be feeling stressed and overwhelmed. There are a variety of issues that could arise in your case following an arrest, especially if you assert your right to a trial.
Contact an Alpharetta drug lawyer right away so that they can begin building a strong defense for your case. Skilled criminal defense attorneys in Alpharetta can work hard to help you obtain a positive outcome in your case.
Steps to Take Following a Drug Arrest
If arrested, it is important for a person to not make a statement to the police. They will pressure people to talk in hopes of obtaining a confession or at least information that may be used at trial against the person.
They should also assert the right to an attorney as soon as possible. They should not consent to a search or say anything to the Alpharetta police other than being generally polite.
Police are allowed to lie to people to get them to talk and confess. A person should not talk to the police, prosecutors, jail personnel, other detainees, family, or anyone else about a case other than an Alpharetta drug attorney.
Georgia’s Drug Statutes
Georgia statutes divide drugs (also known as controlled substances) into five categories.
- Schedule I: These are considered the most harmful substances and have the highest potential for abuse. Controlled substances that are on the Schedule I list include heroin, morphine, peyote, and mescaline.
- Schedule II: Examples of Schedule II drugs include cocaine, morphine, opium, and fentanyl
- Schedule III: Schedule III controlled substances include ketamine and testosterone
- Schedule IV: Examples of Schedule IV drugs are barbital and clotiazepam
- Schedule V: Schedule V includes the least harmful of the controlled substances. Pseudoephedrine and lacosamide are examples of Schedule V drugs
- Jail or prison time
- Forfeiture of property
- Community Service
- Court cost
- Drug program
- Random drug screens
Regardless of the type of drugs involved, all of the offenses for scheduled drugs are felonies. Anyone convicted of or pleading guilty to Alpharetta drug violations will receive a prison term of not less than one year and not more than 30 years.
The only drug charge that is a misdemeanor is possession of at less than one ounce of marijuana. The weight of the substance, defendant’s prior record, and use of juveniles in distribution are some of the primary factors that determine the length of the sentence. Other factors may increase the potential for harsh penalties as well.
For instance, if the defendant were selling drugs close to a playground or was in possession of a handgun while selling drugs, the defendant would likely receive an increased sentence.
Benefits of an Alpharetta Drug Lawyer
Common drug charges are for possession, selling drugs, or possessing drug paraphernalia. If the case was, for instance, for selling drugs, the state must show that the defendant had an intent to distribute. The intent can be inferred from items near where the drugs were discovered. For example, scales, baggies, packaging, and large amounts of cash are often signs of drug distribution.
Charges involving drugs should be taken seriously. No one should go to court without at least consulting with an attorney. In addition to knowing the law, drug attorneys in Alpharetta can obtain discovery (information the prosecutor has regarding the case), review evidence, interview witnesses, and challenge experts and drug tests. An Alpharetta drug lawyer will be able to present any credible defenses and discredit any witness against you.