We Fight Drug Crimes in Georgia

Last updated on October 7, 2024

Georgia lawmakers, police and prosecutors take drug crimes very seriously. Depending on the nature of the drug crime, investigators may call upon the government’s substantial resources to build the case against an alleged criminal. Once charges are brought, the government’s attorneys will push hard for a conviction. So, regardless of the drug charges you face, it is imperative to choose your defense team wisely.

Breaking Down The Prosecution’s Case Against You

At Daniels & Rothman, we take your criminal charges as seriously as you do. Our attorneys understand that your future, your finances and your family’s well-being are at stake. We focus on immediate and calculated legal action to help minimize your exposure to punishment for your drug charges.

Attorney Jeffrey Rothman is the leader of our criminal defense practice. He handles a wide range of state and federal drug crimes and is well-known for his proactive and aggressive approach to defense. As your legal counsel, one of his first steps will be to scrutinize the circumstances surrounding your investigation, arrest and charges. Mr. Rothman is highly skilled at poking holes in the prosecution’s cases using a number of methods. In many cases, he has been able to suppress damaging evidence by identifying when police have violated search and seizure laws. Oftentimes, this can lead to the full dismissal of charges.

Criminal Defense For Misdemeanor And Felony Drug Crimes

When you work with our law firm, we are equipped to help you at any stage of the legal process, including investigations, grand jury indictments, negotiations with the prosecutors and trial. We have extensive experience defending against a variety of drug crimes, including those involving:

• Drug possession – Possessing controlled substances without a prescription is illegal. Penalties usually vary by drug type and amount. For Schedule I or II drugs (heroin, cocaine, etc.), first offenses can result in 2-15 years in prison. Marijuana possession under one ounce is a misdemeanor with up to one year in jail.
• State drug crimes – These include violations of Georgia’s drug laws, such as possession, distribution and trafficking. Penalties depend on the drug schedule and quantity. For example, trafficking at least 28 grams of cocaine starts at a mandatory minimum sentence of five years in prison.
• Federal drug crimes – These involve violations of federal drug laws, such as interstate trafficking. Penalties are severe, with mandatory minimum sentences starting at five years for significant quantities. For instance, trafficking large amounts of heroin can lead to a minimum of 10 years in prison.
• Forfeitures – The government can seize property connected to drug crimes, including cash, vehicles and real estate. Forfeiture can occur through civil or criminal proceedings, often without criminal charges or conviction.
• Search warrants – Law enforcement must obtain a search warrant based on probable cause to search for drugs. Evidence obtained without a warrant or probable cause can be challenged in court.
• Drug distribution – This involves the sale or delivery of controlled substances. Penalties are typically severe, with sentences ranging from 5 to 30 years in prison for Schedule I or II drugs.
• Drug trafficking – Trafficking involves large-scale drug distribution. The consequences are harsh in Georgia, with mandatory minimum sentences starting at 10 years for substantial quantities of drugs like cocaine or methamphetamine.
• Drug manufacturing  – The law punishes this offense severely. Penalties include long-term imprisonment and substantial fines. For instance, manufacturing methamphetamine can result in a minimum 10-year prison sentence.
• Conspiracy-related drug charges – Conspiring to commit drug offenses is another offense subject to severe penalties. Convictions can result in imprisonment for up to half the maximum sentence of the planned crime.
• Probation violations – Violating probation terms can lead to revocation of probation and imprisonment. Other consequences can include extended probation, additional conditions or serving the original sentence in jail.

We know that your freedom, and often, your privilege to drive is at stake when you face any type of drug charge. Our law firm will thoroughly assess your position, the evidence against you and a range of defense tactics before advising you on options. We are not the type of firm that will immediately recommend a plea. In many cases, your best chance of minimizing consequences will be at trial. Mr. Rothman is a highly respected trial lawyer and has successfully represented hundreds of clients before judges and juries.

Facing Drug Crimes For Drug Possession, Sale Or Trafficking?

Drug charges have consequences that can last a lifetime. Depending on the type of charge – and the substance involved – you could face penalties ranging from probation to intensive drug court to lengthy prison time.

Georgia law establishes two main types of drug charges.

• Drug possession charges involve drugs found on your person, in your vicinity or elsewhere that allegedly belong to you.
• Depending on the circumstances and the quantity involved, you could face related charges of drug trafficking, distribution or possession with intent to distribute.
• Drug sales typically involve an exchange that was observed by a police officer. Sting operations are also common.
• All of these types of charges rely on a critical piece of evidence: the drugs themselves. In many cases, police obtain the drugs through a search. They might have searched your vehicle during a traffic stop, for example, or stopped you on some suspicion of criminal activity.

The circumstances of the search and seizure can potentially hold the key to your defense. If the police violated your constitutional rights by conducting an unlawful search or seizure, you may be able to get the evidence thrown out.

Frequently Asked Questions About Drug Crimes In Georgia

If you are facing criminal drug charges, it is normal to have a lot of questions. Our criminal defense lawyers have handled hundreds of cases. Here, they have compiled answers to some of the questions they are most often asked. If you still have questions, an initial consultation appointment is a great opportunity to get answers about your specific case.

Can you be charged for drug possession after the fact?

Yes, you can be charged for drug possession after the fact. If law enforcement discovers evidence linking you to a crime, they can pursue charges. For instance, if drugs are found in your car or home and you aren’t there, the police can still file charges based on ownership or other evidence. Additionally, statements from witnesses or co-defendants can lead to charges even if you were not caught in the act. In such cases, it’s vital to have a drug crimes defense lawyer who can scrutinize the evidence and prepare a legal strategy to protect your rights.

Which drug crimes lead to federal charges?

Federal authorities, like the Drug Enforcement Administration (DEA) and FBI, often investigate drug cases. They are commonly involved in cases related to manufacturing, distributing, or possessing with intent to distribute significant amounts of controlled substances like cocaine, methamphetamine or heroin.

Certain drug crimes can lead to federal charges, especially if they involve the following:

• Large quantities of drugs
• Crossing state lines
• International trafficking

Additionally, drug offenses committed in federal jurisdictions, such as national parks or federal buildings, can result in federal charges. If you’ve been charged with a drug crime by the U.S. Attorney’s Office, it is essential to seek legal advice from a criminal attorney familiar with federal drug laws.

What are the federal sentencing guidelines for drugs?

Federal sentencing guidelines for drug offenses depend on the type and quantity of drugs involved, as well as your criminal history. These guidelines establish a range of possible penalties, including mandatory minimum sentences for certain offenses. For example, possessing a large amount of a controlled substance like heroin or cocaine can lead to a minimum of five or 10 years in prison. The guidelines also consider factors such as whether a weapon was involved or if the offense occurred near a school. If you have been accused of a federal drug crime, it is important to consult with a drug defense attorney who understands these guidelines and can help you navigate the complexities of your case.

How can you get a drug trafficking charge dismissed?

Getting a drug trafficking charge dismissed often requires a strong legal strategy. An experienced criminal defense lawyer will review the evidence, looking for weaknesses in the prosecution’s case. They may challenge the legality of the search and seizure, argue that your rights were violated, or question the credibility of the witnesses. Sometimes, charges can be reduced or dismissed if the prosecution lacks sufficient evidence. It’s crucial to work with an attorney who will fight for your rights and explore every possible defense to achieve the best outcome for your situation.

Will I lose my license in Georgia if convicted of a drug charge?

In Georgia, a drug conviction can lead to the suspension of your driver’s license. If you are convicted of a drug offense for the first time, it is possible that your license will be suspended for up to six months. A second conviction can result in a one-year suspension and further offenses can lead to even longer suspensions.

Additionally, you may need to complete a drug treatment program or community service to have your license reinstated. An experienced criminal defense lawyer can advise you on how to minimize the impact on your driving privileges and help you navigate the legal process.

We Can Get Started On Your Defense Today. Contact Us To Learn More.

Countless people in Banks County, Barrow County, Clarke County, Elbert County, Franklin County, Greene County, Jackson County, Madison County, Oglethorpe County, the University of Georgia and throughout Georgia have trusted us with their defense. Contact our Athens lawyers at 706-621-5166 to find out why.