On the other hand, if you had a small amount of cocaine, meth, or marijuana, your clean record may help us work out a good deal with the prosecutor. Drug possession refers to being caught by law enforcement with a controlled substance in your control. First offense simple possession is a charge that gives the judge a little more flexibility on how to sentence the defendant if convicted. Louisiana has followed the Federal government in classifying controlled substances in various schedules according to potential danger to society. 1 kilogram or more of heroin 100 grams or more of PCP. Sign up for our free summaries and get the latest delivered directly to you. Confidential or time-sensitive information should not be sent through this form. Changes to the Way Search Warrants for Cell Phone Content Must be Obtained. possession of the drug but not intending to sell or distribute it, then you There is no intent to buy drugs charge in Louisiana. This means that a person does not have to be physically holding the drugs to be charged; he or she may simply have the drugs within reach or inside a home or vehicle. If you are caught with enough of a controlled substance to be charged with possession with intent to distribute, under Georgias tough drug laws, you are facing the real possibility of significant prison time. There are many reasons why a law enforcement officer may decide that the controlled substances found on your person, in your vehicle, or in your personal space are not just for personal use, but more likely for distribution. Some cases may be more complicated than basic examples, such as involvement with confidential informants among other possibilities. Additionally, a person can be charged with either possession or intent to distribute even if the controlled substances were not found on their person. The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Louisiana criminal lawyers and DWI attorneys at the Barkemeyer Law Firm providing legal defense services for clients in New Orleans, Metairie, Kenner, Gretna, Hahnville, Belle Chasse, St. Bernard, Slidell, St. Tammany, St. Charles, St. John, Laplace, Mandeville, Covington, Shreveport, Bossier, and Jefferson. To fully understand this crime, it helps to break it into two parts: (1) the possession of the drugs, and (2) the intent to distribute them. These motions must be filed within 10 days of arraignment. Contact us today for a. with our experienced criminal defense lawyers and protect your freedom. Moreover, the punishments will also depend upon the type of drug possessed and the amount of the drug possessed. On the other hand, misdemeanor possession does not carry possible hard labor, only parish jail time, probation and/or fines. So, they will send the informant in with a wire and audio to make a controlled buy. What does the District Attorney have to prove? Georgia cocaine laws are rather strict. To prove the defendant had constructive possession, the prosecution must prove that the suspect and the illicit drugs belong to the defendant, although the defendant may not have the drugs on them. Depending on the judge and your background, the jail time you could receive for possession with intent could be around 15-20 years for that amount. No less than 1 and no more than 10 years in prison. First offense simple possession of methamphetamine carries a potential sentence of 0-2 years in prison. Georgia criminal defense lawyers fight criminal offenses in all GA courts. Drug possession with the intent to distribute is a much more serious charge than simple possession. Possession with intent to distribute is considered a felony because it carries the possibility of a hard labor sentence. In Georgia, there are two types of possession, actual or constructive. Mr. Tarr was very knowledgeable of the legal system and that allowed us to navigate through hearings, sentencing and programs for a favorable outcome. . Hiring a Drug Crimes Lawyer in GA: Atlanta Drug Trafficking, Drug Crime Lawyer: Hiring the Best Drug Attorney in Atlanta. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. It is a very small amount of heroin, equal to exactly 64.79891milligrams, which means it is very easy to be charged with PWID heroin instead of simple possession thats a big deal because, even on a first offense, it means the difference between a maximum penalty of two or a maximum penalty of 15 years in prison. Manufacture; distribution. Customer: Hi, if a person is charged with possession of cannabis with intent to sell or distribute, is it possible for that record to be expunged? He will likely sentence you to prison for many years. The criminal background of the offender-first offenses attracts fewer penalties than second offenses and other previous felonies. . If someone is found by the police to be in possession of one of the scheduled controlled substances without a valid prescription and other facts are present o believe he/she was in possession to sell or deliver to another person, the police will likely book them for intent to distribute. Because marijuana is in Schedule I but it is a non-narcotic drug, PWID marijuana is covered by SC Code Section 44-53-370(b)(2), and can carry a potential sentence of up to five years for a first offense, ten years for a second offense, or a mandatory minimum sentence of five years up to twenty years in prison for a third offense: (2) any other controlled substance classified in Schedule I, II, or III, flunitrazepam or a controlled substance analogue, is guilty of a felony and, upon conviction, for a first offense must be imprisoned not more than five years or fined not more than five thousand dollars, or both. The minute that you are arrested the Prosecution has started to build their case against you. Possession with intent to distribute cocaine base, or crack cocaine, carries the same penalties as PWID powder cocaine: (1) for a first offense, must be sentenced to a term of imprisonment of not more than fifteen years or fined not more than twenty-five thousand dollars, or both; (2) for a second offense, the offender must be imprisoned for not less than five years nor more than thirty years, or fined not more than fifty thousand dollars, or both; (3) for a third or subsequent offense, the offender must be imprisoned for not less than ten years nor more than thirty years, or fined not more than fifty thousand dollars, or both. to find out which office is right for you. The intent to distribute amount is generally an amount large enough to reasonably believe it is not for personal use. The vast majority of drug charges are felony offenses, and there are many factors that increase the severity of the charges being brought against the accused. The sentences for drug manufacturing also depend on who was implicated in possession with the intent to distribute illegal drugs or controlled substances. 966. In this chapter, a method for modeling the operation of a system by describing its Due on Sale Clause. The penalties for "Possession with Intent to Distribute" are severe in Georgia. Depending on the type of drug and amount of drugs, you could be facing a mandatory minimum sentence. Possession with intent to distribute MDMA in SC carries a potential sentence of up to five years on a first offense (as opposed to 15 for Schedule I narcotic drugs), up to ten years for a second offense, or 5-20 years for a third offense, and is covered by SC Code Section 44-53-370(b)(2): Possession with intent to distribute narcotics like heroin or fentanyl is covered above in the section on heroin. In fact, they are all considered the same intent to distribute charge. than just using for personal consumption. Actual possession means the offenders are found with the substances in their physical control or possession. The facts required to add the charge of intent to distribute on top of the simple possession could include the large amount, cash, baggies, scales, form of packaging, other people involved in moving the drugs, and more. Super professional, gets things done timely. Personal Injury For example, the penalties will be more severe if a minor is involved in the crime. Possession of more than 28 grams (1 ounce) of cocaine -- a Schedule II drug -- is automatically considered trafficking, since the amount is presumed to show intent to sell. Call 404-947-6122And Receive Quality Legal Advice. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Governor Kemp Signs Bill that will Enhance Penalties for Fleeing and Eluding in Hall County, Georgia, Hapeville DUI Criminal Defense Attorney. Possession with Intent to Distribute or Dispense: The . If you need a drug defense attorney in Louisiana for your possession case, contact us anytime. Do not delay in starting your defense! distribute, dispense, administer, sell, or possession with the intent to This will often lead to a distribution charge. You're all set! Georgia categorizes controlled substances by schedule. For a second offense, the offender is guilty of a felony and, upon conviction, must be imprisoned not more than ten years or fined not more than ten thousand dollars, or both. state of georgia black barclay / 01-01-1900 / ct.1 : possession of methamphetamine with intent to distribute ct.2 : possession of marijuana with intent to distribute ct.3 : possession of a schedule i controlled substance ct.4 : possession of drug related object ct.5 : possession of firearm or knife during commission of or attempt to commit . Mandatory minimum sentences refer to situations where the judge has limited discretion in imposing a sentence. An attorney-client relationship is not formed when you submit the form and you are under no obligation to retain a lawyer who contacts you through this service. 16-13-30(b). If the conviction is possession for personal use, commonly known as simple possession charge, which is associated with personal injury, the offender may face less severe penalties. Contact us today for a free, no obligation, consultation with our experienced criminal defense lawyers and protect your freedom. But the facts making these two criminal cases are different. expert testimony that the amount was consistent with someone selling it rather Whether the drug in question is cocaine, crack, or meth, the same statute and penalties apply to PWID, distribution, or manufacturing of the drug: (B) A person who manufactures, distributes, dispenses, delivers, purchases, or otherwise aids, abets, attempts, or conspires to manufacture, distribute, dispense, deliver, or purchase, or possesses with intent to distribute, dispense, or deliver methamphetamine or cocaine base, in violation of the provisions of Section 44-53-370, is guilty of a felony. Possession with intent involving a Schedule I or II drugs will result in the possibility of prison for 5-30 years for a first offense. 843-285-5090, Home PWID marijuana charges remain a serious offense, PWID of the two substances are considered the same, contact my offices today for free a consultation. Can Drug Dealers be Charged with Murder after a Heroin Overdose? 21-701/7. Actual possession is when illegal drugs are found on the person of the arrested defendant. The second offense attracts incarceration of 0-10 years or a fine not exceeding $10,000, Third offense or subsequent offense attracts between 5-20 years of imprisonment or fines up to $20,000, The first offense attracts 0-15 years of imprisonment or a fine of up to $25,000, The second offense attracts 5-30 years of imprisonment or up to $50,000, Third offense or subsequent offenses attract 10-30 years incarceration or a monetary fine not exceeding $50,000, The first offense attracts 0-15 years of imprisonment or up to $25,000, Third or subsequent offenses attract 10-30 years incarceration or a monetary fine not exceeding $50,000, Your rights were violated by the law enforcement during the search, You are not aware of the presence of the controlled drugs. The consequences even worsen if the offender is charged with the intent to distribute to others. If youre facing drug charges in South Carolina, please contact the drug defense attorneys at Templeton Mims & Ward and lets see if we can help. . Our goal is to first try to take the most serious charges off the table to avoid the most severe sentences. After negotiating, the prosecutor may end up agreeing to a reduced charge of attempted possession just so that the sentencing range is cut in half. Serving Gwinnett, Fulton, Dekalb, Cobb, Clayton, Coweta, Douglas, Fayette, Henry, Barrow, Jackson, Clarke Counties and Beyond. This is the same scenario as stated above. Get free summaries of new opinions delivered to your inbox! offices in both downtown Atlanta and Marietta. When facing drug-related charges in Georgia, it is essential to have legal representation you can trust. A Bemidji man pleaded guilty to possession with intent to distribute after law enforcement officers found one pound of meth in the floorboard of his car. 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