Georgia has relatively strict rules in place regarding the unlawful possession or distribution of various controlled substances. There are numerous drugs that are outright prohibited. There are many others that are only legal when used in accordance with a doctor’s recommendations.
Anyone caught in possession of controlled substances can face criminal charges with consequences ranging from probation and fines to incarceration. Occasionally, defendants may be at risk of more serious charges or more significant penalties because of aggravating factors that alter how the state handles their case.
What specific details about a drug arrest may lead to a more serious outcome for the person accused?
1. Notable prior offenses
If an individual has prior drug offenses on their record, the situation can quickly become serious. The potential penalties can increase in scenarios involving prior convictions, and defendants may be subject to more scrutiny by prosecutors and court officials because of their records.
2. Location
The exact spot where police officers interact with someone can play a role in the charges and penalties they face. Those accused of drug offenses in school zones may face much more serious consequences than those arrested in a bar or on the sidewalk in a residential neighborhood.
3. Large amounts of drugs
If police officers find people in possession of a small amount of drugs, the defendant can claim that they possess those drugs for personal use. If they have multiple doses of one substance or numerous different types of drugs, those substances were just for their own use.
What constitutes a large amount of a drug can differ from one substance to the next. For example, with fentanyl, as little as 2 milligrams of the drug can be a fatal dose. Even trace amounts of carfentanil can be dangerous, as it is 100 times stronger than fentanyl. Defendants can face significant accusations over a seemingly minuscule amount of certain drugs.
Other factors, including the presence of weapons or associations with organized criminal activity, can also complicate ending drug charges. There have been high-profile cases prosecuted in Georgia with elevated stakes because of alleged gang ties and weapons concerns.
Responding effectively to allegations of drug crimes may require legal assistance. Defendants may need help reviewing the situation and planning a reasonable response given the circumstances.