Drug possession is a serious offense in and of itself. However, if you have been charged with drug possession with intent to distribute, you are facing even more serious penalties and life-long consequences. This charge may be referred to in the following ways: intent to sell, intent to distribute, or intent to deliver. If you receive notice of such an offense, it is critical that you contact a drug criminal defense attorney as soon as possible.
At Pak and McRae Law, LLC, our attorneys will thoroughly investigate all the evidence and tell you honestly what penalties you are potentially facing and what your chances are of getting those charges reduced or even dismissed. We will always attempt to reduce a charge for drug possession with intent to sell to a lesser charge, such as solely drug possession, if we can’t remove the charge altogether.
Some states assume you have intentions of selling if you possess a certain amount of a drug. In other words, certain quantities could automatically result in this charge. However, many people have been wrongly accused of intending to sell, deliver, or otherwise distribute when they had only trace amounts of controlled substances. These people deserve justice. This could be you, and if it is, you need legal representation.
How do you prove intention?
Proving intention is not an easy thing, but arresting officers are often quick to come to the conclusion that a person had the intention of distributing a drug. How do they come to this conclusion? Unless an undercover cop was sold a drug, they have to rely on other indicators of sales activity. There are a handful of signs they look for, and here are a few:
- Amount of drugs in possession
- Frequent and short visits to property
- Large amounts of cash on person or in home
- Guns or other arms on person or in home
- Packaging of the drugs
- Paraphernalia for weighing and packaging
In many cases, the evidence law enforcement agencies have gathered to support their charge can be argued. Any of the above signs of selling activity can have varying explanations and can sometimes be disproved.
This is where a drug criminal defense attorney comes into play. At Pak and McRae Law, LLC in Decatur, GA, we have defended many Georgia residents in court for drug charges. These are scary offenses, and rightfully so, as they could affect you and your family for the rest of your life.
But don’t worry—the initial consultation is on us. Give us a call at (678) 632-5298 or fill out the form to request your free consultation with one of our attorneys. We’ll listen to the specifics of your case, tell you truthfully what you are up against, and inform you of your rights. Don’t let time slip by; the longer you wait to take action, the bigger the challenge you will be up against.
For more information on drug charges in general, what the penalties are in Georgia, and conditional discharge, read this page.
What are your defenses?
You may be wondering what protection do you have, if any, if you have been charged with this offense. Generally speaking, an officer cannot collect evidence without searching your person, your home, or other property. If the police conducted a search, the following questions need to be asked:
- Was there a proper warrant for the search?
- Did the search abide by proper procedures?
- Did you consent to the search?
A drug criminal defense attorney can determine if the incriminating evidence was obtained illegally or not. If it was illegally obtained, the use of the evidence can and should be challenged in court. However, DO NOT attempt to do this alone. Criminal charges should never be handled without an attorney.
Just as with any and all drug charges, your penalties will depend on the type of substance, the amount, and the perceived creation of the substance, in addition to the intent. All of these factors come together to determine whether you will be charged with a misdemeanor or a felony.
Here are the four categories that govern drug possession law in Georgia. These categories are based on how addictive or illegal the drugs are:
Schedule 1: heroin, ecstasy, LSD, GHB, marijuana
Schedule 2: meth, cocaine, morphine, methadone, opium
Schedule 3: steroids
Schedule 4, 5, 6: commonly prescribed drugs that are illegal when taken without a prescription
The drugs closer to the top of the list have a higher potential for abuse. Therefore, the penalties are harsher for Schedules 1 and 2. If you were found in possession of a Schedule 1 or 2 drug with intention to sell, you are most likely facing harsher fines and jail time than you would have had you been caught with a drug in Schedules 3–6.
Contact Our Drug Criminal Defense Attorneys
Our goal is to defend our clients to the best of our ability so that we can get their lives back on track after a criminal charge. Do not wait until it’s too late to turn your case around. Contact us today for the help you need.
If you are facing a trafficking charge for bringing a certain amount of a controlled substance into the state of Georgia from another state or country, read our page on trafficking here.