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Drug Crimes

Knowledgeable Defense Lawyer Serving Atlanta and Beyond

If you are facing the possibility of federal or state drug charges, you may be worried about the effect that your conviction may have on your work, family, and future. Georgia laws, like those in many states, treat drug offenders harshly, often imposing stiff fines or lengthy time in jail. For this reason, it is extremely important that anyone facing charges consult a Atlanta drug crime attorney. At Schwartz Trial Law LLC, criminal defense lawyer Ryan Schwartz understands the complexities of drug laws in Georgia and the risks that defendants may face.

Offenses Related to Drug Possession

Although drug crimes are often thought of as a single category of criminal charges, they encompass many types of illegal activity, ranging from simple drug possession to the very serious federal crime of drug trafficking. Georgia law generally focuses on three types of drug crimes: possession, possession with intent to distribute, and trafficking.

The crime of drug possession includes both actual and constructive possession, and it generally results in felony charges. Actual possession may be charged when an individual is found with drugs on his or her person, or in another circumstance in which it is clear that the individual knowingly had control over the drugs. Constructive possession occurs when the defendant had the power to control the drugs, but they were not in his or her possession, such as if the drugs were in an individual’s drawer at home.

Possession with intent to distribute is a more severe felony than possession and is usually charged based on circumstantial evidence, such as possessing drugs along with a large amount of cash or other paraphernalia that would suggest an intent to sell the drugs rather than to use them personally.

The penalties for drug possession and possession with intent to distribute depend on the type of drug possessed by the defendant. Illegal drugs are divided into five different categories, known as schedules, under Georgia law. A drug crime lawyer in the Atlanta area can explain the specific classification involved in your case. For example, Schedule I drug possession (heroin, LSD, and cocaine) is subject to far harsher penalties than Schedule V possession (medicines containing codeine). Generally, a conviction will result in at least one year of jail time, and it may even result in up to 30 years of jail for a conviction involving a Schedule I substance.

Drug Trafficking in Georgia

Trafficking is the most severe of drug crimes. It may be charged when an individual possesses a significant quantity of drugs, and it appears that they were brought in from outside the state or that the defendant intended to distribute them outside the state. The exact quantity of drugs needed to support a trafficking charge is exceedingly complex and depends on the type of drug and the purity of the drug. For instance, the more pure the cocaine that a defendant possesses, the less that is needed for a trafficking charge. Drug trafficking convictions have mandatory minimum sentences, meaning the judge must impose at least a certain amount of jail time. In many circumstances, the mandatory minimum is 10 years or more.

Protect Your Rights against the Prosecution

In order to determine whether someone has an illegal drug in his or her possession, police must often search the suspect and his or her home and belongings, seize the drugs, and test the drugs to determine what they are. At each step in this process, a defendant’s rights may be violated, or errors may occur that may allow a drug crime attorney in Atlanta to get the charges reduced or dropped. For instance, all citizens are entitled to protection from unlawful searches and seizures under the Fourth Amendment of the Constitution, meaning that the police must have a basis to search before doing so. A failure to abide by these protections may result in a drug charge being dismissed.

Enlist a Atlanta Attorney to Fight a Drug Charge

Drug convictions can have a lasting effect on a person’s freedom and livelihood. Despite these harsh consequences, the criminal justice system frequently fails to provide defendants with the advocacy that they deserve. As a former prosecutor who has seen the process from the inside, Atlanta drug crime lawyer Ryan Schwartz understands how these charges are treated by the Georgia judicial system. At Schwartz Trial Law LLC, we can work with you to explore your options and vigorously assert your rights. Ryan Schwartz also is available to people who need a theft offenses attorney or guidance in a wide range of other criminal matters. He can represent defendants throughout the Atlanta metro area, as well as in Lawrenceville, Gainesville, Decatur, Woodstock, Johns Creek, Suwannee, and Jonesboro, among other Georgia cities. Call us at 678.460.7568 or contact us online to schedule a free consultation.

Client Reviews
★★★★★
I hired Ryan and in less than 24 hours, he got the case dismissed. Overall, I am completely satisfied, relieved and thankful to come across a lawyer who truly cares about the client's satisfaction and willingness to go the extra mile even upon initial hire. I talked to so many attorneys and their end result was "pay me and I will see how it goes." Ryan is results driven. Hands down! I’m super satisfied!
★★★★★
I was searching for a lawyer to handle some traffic violations. Many of the attorneys I consulted were trying to scare me with multiple court proceedings and charging high fees. Ryan said he would be able to resolve my case in a matter of minutes..and he did! Very talented at his job and knows what hes doing. Highly recommend! Anonymous
★★★★★
I hired Ryan Schwartz to help me with a Traffic Misdemeanor case. He got right to it as soon as we signed the contract. He was there to take my calls and answer my questions which gave me peace of mind. He was knowledgeable of the Judges and prosecutors connected with the case and worked diligently with them to get the case dismissed. Traffic, Injury, Defense? Ryan Scwartz comes highly recommended. Kevin
★★★★★
Ryan represented me in case and was honest and thorough he answered all my questions and helped me understand the entire process. Ryan was easy to work with responded quickly with any questions I had and any concerns I had about the case. His fee was reasonable as well. I would recommend Ryan to all my friends and family. Jennifer
★★★★★
I had an excellent esperience with Ryan, he was very professional, knowledgeable and honest. He kept me informed throughout the whole process. He saved me from having a D.U.I on my record and I'm forever great full for all his help! He prepared me for the worst but gave me the best outcome ever. We went to trial and got a not guilty verdict!!!! He did a awesome job!! He is totally my go to lawyer from now on!!!! Nara