Have you been charged with a drug offense in Atlanta, GA? If so, you are facing serious consequences if you are convicted of the criminal charge against you. Your freedom, your future, your finances, and your relationships are all in jeopardy because of this drug charge. You need immediate legal counsel that is experienced in fighting Georgia drug charges, a law firm with a former Assistant District Attorney who understands the criminal justice system from both sides of the aisle.
The criminal defense attorneys of Pak and McRae Law, LLC are aggressive litigators for their clients. One of our lead attorneys is a former Assistant District Attorney. This experience has given our attorneys the unique advantage of being able to recognize problems with the prosecution’s case, allowing the attorneys to prepare a stronger defense strategy for you. Contact our office at 678-632-5298 to schedule a consultation with an Atlanta, Georgia, criminal defense lawyer.
Drug Trafficking and Possession in Georgia: Types of Drugs and Punishment
Being arrested or being accused of a drug crime is a frightening and stressful experience for anyone. The consequences of a drug conviction can be devastating for your future. Georgia lawmakers have enacted tough penalties related to drug convictions for the purpose of deterring individuals from possessing, selling, and manufacturing illegal drugs. Below are some common types of illegal drugs and the minimum prison time you may serve if convicted of a trafficking drug charge related to these substances. In most cases, trafficking is defined as possession, selling, manufacturing, and/or delivering the illegal substance.
- Marijuana: If you possess more than 10 pounds, but less than 2,000 pounds, of marijuana, the minimum sentence if convicted is no less than five years in prison. The minimum prison sentence increases to seven years if you possess more than 2,000 pounds, but less than 10,000 pounds, of marijuana. Possession of more than 10,000 pounds requires a minimum prison sentence of 15 years.
- Amphetamine and Methamphetamine: You will spend a minimum of 10 years in prison if you are convicted of possessing at least 28 grams of these drugs, but less than 200 grams. If you have between 200 grams and 400 grams, the minimum prison time increases to 15 years. Another key element to remember about possession amphetamine or methamphetamine is that a mandatory 25-year prison term may be ordered if you have more than 400 grams of these drugs in your possession when you are arrested.
- Cocaine: You will serve a mandatory sentence of no less than 10 years for having 28 grams or more of cocaine. For amounts between 200 grams and 400 grams, the prison time increases to 15 years. Anything over 400 grams results in a minimum prison sentence of 25 years.
- Heroin, Morphine and Opium: The sentence for possessing between four grams and 14 grams of these drugs is five years. If you have at least 14 grams but less than 28 grams, that term increases to 10 years. Anything over 28 grams will result in a prison term of no less than 25 years.
The above list of drugs and sentences is not a comprehensive list of all of the various drug charges and penalties contained in the Georgia criminal statutes. Depending on the offense and the circumstances of the drug arrest, a person could also face fines, probation, rehabilitation programs, community service, and other penalties if convicted. The above is an example of how serious minimum mandatory prison sentences can be if you are convicted of a drug charge.
By hiring an experienced Atlanta, Georgia, drug defense attorney, your mandatory sentence may be reduced if your attorney presents a strong defense. This is another benefit of hiring a law firm with a former Assistant District Attorney, as we understand how prosecutors and judges think and handle cases. We use this information for the benefit of our clients to argue for reduced sentences.
Defending a Drug Arrest in Atlanta, GA
There are several ways to defend a Georgia drug charge. The first is to attack the validity and legality of the search and seizure that produced the evidence of illegal drugs. Did the officer have probable cause to stop and search your vehicle, search your person, or search your home, or was there a valid search warrant issued? In the case of an illegal search and seizure, your attorney will argue that any evidence recovered during the search is inadmissible in court. Another defense may involve arguing that you were not in “possession” of the drugs, but merely in the same physical location as the drugs.
As experienced Atlanta criminal defense attorneys, we understand the various defenses to drug charges. After investigating your case, we will develop a defense strategy utilizing the best possible elements to achieve a positive outcome in your case. We have successfully represented hundreds of clients who have been arrested on drug charges throughout the greater Atlanta region by using our experience, knowledge, and skills to protect their legal rights both inside and outside of the courtroom.
Contact an Atlanta, GA Drug Crime Attorney
Have you been arrested for manufacturing, trafficking, or possession of drugs? If so, call Pak and McRae Law, LLC at 678-632-5298 to schedule a consultation with one of our attorneys. Our attorneys provide a comprehensive, non-judgmental approach when defending our clients against drug charges. After conducting a thorough investigation into the allegations made by the prosecution, we analyze the key issues and consider all legal options available for resolving your case in the best possible way to protect you.
Our attorneys communicate with you during every step of the legal process so that you remain in control of important decisions. We will discuss all potential consequences so that you can make an informed, intelligent decision about how you want to proceed with your criminal defense. Personalized, non-judgmental representation is something that our attorneys take pride in providing to each client.