Facing Drug Charges in Georgia

The State of Georgia takes drug crimes very seriously. That is reflected in the fact that many drug offenses can lead to spending years in prison if convicted.

According to Georgia drug possession laws, having a controlled substance in your possession or under control is unlawful. However, penalties an individual can face vary based on the type and the amount of drug you were caught with.

But, possessing large quantities of drugs may lead to possession with intent to distribute charges, which is a more severe crime than simple possession.

If you have been charged with a drug crime in Georgia, it is important to take action immediately. Talk to an experienced drug crime defense lawyer before making any statements to police or prosecutors. Anything you say, even seemingly harmless statements, can be used against you.

At Philip Kim Law, P.C., we provide skilled drug crime defense representation to clients in Lawrenceville and throughout surrounding areas in Georgia.

Drugs are classified in schedules according to their addiction and abuse potential, as well as potential medical use. Even prescription drugs are included in the schedules to control their improper and illegal use.

Controlled substances whose possession is permitted only with a lawful prescription and illegal drugs are classified into Schedules from I to V.

Even though possession of less than one ounce of marijuana is a misdemeanor punishable with up to a year in jail, most other drug crimes are felonies.

Those accused of possession of Schedule I or narcotic Schedule II drugs can spend between 2 and 15 years in prison, even for a first offense. Possession of Schedule III, Schedule IV or V controlled substances can result in spending anywhere from 1 to 5 years in prison.

However, possession with intent to distribute in Georgia is a felony punishable by a prison term of 5 to 30 years.

Criminal defense attorney Philip Kim is well-versed in successful criminal defense strategies that he can use on your behalf. Let our law firm be your guide and advocate at this difficult time.

Contact our firm today for a free consultation with an experienced Georgia drug defense attorney at (678) 201-0496

When facing drug charges, several defenses can be employed to protect your rights and achieve a favorable outcome. Common defenses include:

• Unlawful Search and Seizure: If the evidence was obtained without a valid search warrant or probable cause, it may be excluded from the trial.
• Lack of Possession: Demonstrating that the drugs did not belong to you or were not under your control.
• Entrapment: If law enforcement induced you to commit a crime you otherwise would not have committed.
• Insufficient Evidence: Challenging the prosecution’s evidence to show that it is not strong enough to prove guilt beyond a reasonable doubt.

Philip Kim Law, P.C. has successfully defended numerous clients using these strategies. For instance, in a recent case, we achieved a dismissal of charges for a client accused of possession with intent to distribute, due to an unlawful search. Another client facing severe penalties for methamphetamine possession saw their charges reduced significantly through effective negotiation and presentation of mitigating circumstances.

These outcomes underscore the importance of having a skilled defense attorney. Our firm meticulously analyzes every detail of each case to uncover viable defenses and strive for the best possible results. Contact us today for a free consultation to discuss your case and learn how we can help.

We defend clients across Gwinnett County against all types of drug charges filed under the Georgia Controlled Substances Act and other drug-related statutes. We represent those facing charges of possession, trafficking, sales, manufacturing, and cultivation of all types of illegal drugs, including:

• Marijuana
• Cocaine
• Methamphetamine
• Heroin
• LSD
• Ecstasy

We also protect the rights of those who have been charged with prescription drug crimes and related charges such as prescription drug fraud and forgery.

We scrutinize every element of the arrest, the search and the seizure, and other aspects of the prosecution’s case to uncover evidence that may exonerate our clients. We work tenaciously to achieve the best possible outcome, whether it is a dismissal of charges, reduced charges, alternative sentencing, or acquittal by jury.

If you have been accused of committing drug possession or any violation of the Georgia Controlled Substances Act, we are here for you. Contact us online or by telephone at (678) 201-0496 to arrange your free initial consultation with a skilled drug crime defense attorney in Lawrenceville.

What Are the Penalties for First-Time Offenders in Georgia?

First-time offenders in Georgia face varying penalties depending on the substance and amount involved. For example, possession of less than one ounce of marijuana is typically a misdemeanor, punishable by up to one year in jail. However, possession of Schedule I or narcotic Schedule II substances can result in a prison sentence ranging from 2 to 15 years, even for a first offense.

How Does Intent to Distribute Differ from Possession?

Possession with intent to distribute refers to having controlled substances in quantities or conditions that suggest plans for distribution rather than personal use. This is treated as a felony, with penalties ranging from 5 to 30 years in prison, depending on the specifics of the case.

Can I Lose My Driver’s License for a Drug Conviction?

Yes. A drug conviction in Georgia can result in the suspension of your driver’s license for six months to five years, depending on the offense and whether it is a first or subsequent conviction. Rehabilitation programs may sometimes help restore driving privileges sooner.