Conaway, Strickler, & Margolis, P.C. is a nationally recognized law firm,
which is located in Atlanta, Georgia. For more than a decade, our
aggressive Atlanta
drug offense lawyers have successfully defended clients charged
with serious felony and misdemeanor charges, including drug trafficking,
drug possession, and possession with intent cases.
If you have been
charged with a drug offense in the State of Georgia, you are facing
serious charges and should hire a skilled Georgia drug charge attorney from Conaway, Strickler, & Margolis, P.C. immediately. Call today for a free consultation.
Depending upon your specific situation you may be facing a monetary
fine or a severe penalty including a long term prison sentence.
In fact, the Criminal Code of Georgia 16-13-30 states that:
"(a) Except as authorized by this article, it is unlawful for
any person to purchase, possess, or have under his control any
controlled substance.
(b) Except as authorized by this article, it is unlawful for any
person to manufacture, deliver, distribute, dispense, administer,
sell, or possess with intent to distribute any controlled substance.
(c) Except as otherwise provided, any person who violates subsection
(a) of this Code section with respect to a controlled substance
in Schedule I or a narcotic drug in Schedule II shall be guilty
of a felony and, upon conviction thereof, shall be punished by
imprisonment for not less than two years nor more than 15 years.
Upon conviction of a second or subsequent offense, he shall be
imprisoned for not less than five years nor more than 30 years."
Some factors which may affect the penalties which apply, and whether
or not the defendant faces a felony or misdemeanor charge following
a drug related arrest include the type of drug, the amount or weight
of the drug, and what the defendant's intent was with the substance.
The Controlled Substance Act is part of the Comprehensive Drug
Abuse Prevention and Control Act of 1970 and contains a variety
of Federal drug laws which affect people of all ages throughout
the United States. In the Controlled Substance Act, drugs are classified
in a schedule, which places controlled substances into five categories,
which are dependant upon the medicinal value, harmfulness, and probability
for addiction of the narcotic. Each schedule has its own set of
penalties and punishments, depending upon certain factors. For example,
any Georgia drug offense which involves a Schedule 1 drug, such as LSD, Heroin, or Methamphetamines will carry with it a much more severe
penalty than an offense involving a narcotic named within Schedule
2 through 5.
The following are some drug crimes which may carry with them serious
penalties if an individual is convicted in Georgia:
Drug possession- Willfully and knowingly possessing
a controlled substance is a violation of State and Federal laws.
In addition to possessing a drug, in some cases it is illegal
to possess substances or products which can be used to manufacture
or cultivate drugs. Depending upon the amount of drugs a person
has when arrested, he or she may be charged with simple possession
(small amount of narcotics) or with more serious charges if it
is believed the drugs were to be sold or distributed.
Drug possession with intent to sell- Possessing
a large amount of a controlled substance may result in a charge
of possession with intent to sell. Even if the person possessing
the substance has no intention of selling or distributing, they
are many times charged with intent to sell anyway. This is a very
serious charge and carries with it harsh punishments if convicted.
Drug trafficking- Every year countless people
use automobile, ships, airplanes, and other modes of transportation
to bring narcotics into the United States, which is known as drug
trafficking. Drug trafficking is also a statewide and nationwide crime, meaning that it does not have to originate in a foreign
country to be considered drug trafficking. Cocaine, Heroin, Methamphetamines,
and Marijuana are drugs which are heavily trafficked in the U.S.
Drug distributing- Drug distributing is a situation
in which a drug manufacturer sells narcotics to a retailer or
wholesaler, which then sell the drugs to other groups or individuals.
Any accusation of drug distributing or dispensing must be taken
seriously, as the penalties associated with a conviction are severe.
V.G.C.S.A.- Violating Title 16, Chapter 13,
Article 2 of the Georgia Controlled Substance Act may result in
very serious charges and punishments. The G.C.S.A. details various
drug related crimes which are illegal in the State of Georgia,
which include the selling, distribution, possession, and purchasing
or narcotics.
