Depending on your case, your lawyer may be able to have your charge reduced or even dismissed. Intent to distribute charges are qualified when it is determined that an individual is in possession of more drugs than that person would use only for themselves. He was knowledgeable of the law and was very prepared for court. If your passenger has drugs, does that mean the drugs are yours? Possession and possession with intent to distribute are treated differently in both state and federal courts. But remember, the prosecution cannot just make this claimthey must back it up with evidence. Intent to distribute can also be proven by other evidence, like your statements, witness testimony, the way the drugs were packaged, or the presence of scales, ledgers, baggies, or other sales paraphernalia.. by tmwlaw | Aug 8, 2020 | Criminal Defense, Drug Charges | 0 comments. Because heroin is classified as a Schedule I narcotic drug, PWID heroin in SC carries the same penalties as PWID cocaine, cocaine base, or methamphetamines up to 15 years in prison for a first offense, 5-30 years for a second offense, or 10-30 years for a third offense. Possession with Intent to Distribute a Controlled Substance (O.C.G.A. In Georgia, there are two types of possession, actual or constructive. Many times, confidential informants will tip off the police that the defendant had a stash that he was in possession with intent to sell. Possession with Intent to Distribute cases often are won by filing a Motion to If you were recently charged with Georgia marijuana distribution, the first thing you should do is to immediately contact an experienced marijuana distribution defense attorney. large amount of currency or other drug paraphernalia. Also, conspiracy arrests happen in drug trafficking situations where there are two cars following each other, and one car has the load. Sale, Distribution, or Possession of Dangerous Drugs Sale or Transfer of Model Glue to Minors Using a Fictitious Name or False Address When Obtaining Drugs Drug Offenses Attempt or Conspiracy to Commit a Drug Related Offense Conditional Discharge Drug Court Manufacturing Cocaine Every case is different, and as a result the greatest resource you can give your defense attorney is time. ; Athens-Clarke County including Athens; Cobb County including Acworth, Kennesaw, Mableton, Marietta, and Smyrna; DeKalb County including Brookhaven, Chamblee, Decatur, Dunwoody, and Tucker; and Gwinnett County including Duluth, Lawrenceville, Norcross, Peachtree Corners, Sugar Hill, and Suwanee. A trafficking charge can also carry a fine of one million dollars. Articles Defense of an intent case begins with a critical review of whether the State can prove there really was an intent for distribution. It is their job to prove beyond a reasonable doubt that not only were you in possession of marijuana but that you were going to distribute it. The prosecutor must prove that the defendant had knowledge and intent to possess drugs and that he had dominion and control over the drugs. 2014 Georgia Code Title 16 - CRIMES AND OFFENSES . The European Union is one of the most outward-oriented economies in the world. A conviction for PUID is punishable, for a first offense, by imprisonment for not more than five years and a fine of not more than $5,000. He is truthful and realistic when explaining potential outcomes of your case and doesnt force you to hire him or anything. Northwest Georgia Publications. georgia drug trafficking casesNitro Acoustic. Distribute in Georgia, it is imperative that you hire an attorney quickly. Sign up for our free summaries and get the latest delivered directly to you. Possession Intent to Distribute / Drug Trafficking If you are caught with enough of a controlled substance to be charged with possession with intent to distribute, under Georgia's tough drug laws, you are facing the real possibility of significant prison time. For example, the drugs are found in ones hands in baggies or pocket. If you have a bad case, we know how to fight to get the lowest possible sentence and plea agreement. For example, if the defendant had 2 grams of cocaine, that is generally viewed as a personal amount and the charge would be simple possession of Schedule 2 drugs. ClickOffice Locationsto find out which office is right for you. PWID heroin attracts similar penalties to PWID cocaine and methamphetamine. Under O.C.G.A. Georgia cocaine laws are rather strict. If the passenger doesnt own or control those drugs, he is not in simple possession of those drugs. 16-13-30(b). U.S. Attorney Andy Luger says in May 2022, 30-year-old Levi Westbrook was observed meeting with a suspected drug trafficker in the Twin Cities area. Understanding whats at stake for intent to distribute cases starts with understanding whos at risk from distribution. Under federal law, the possession of a controlled substance with the intent to sell or distribute it is a serious offense. Any case that is either convicted or plead as an intent will be subject to standard felony conditions and penalties, including significant loss of rights, privileges, and many other benefits a non- felon enjoys. 966. . The content on this posting is provided "as is;" no representations are made that the content is error-free. The PWID is classified as a felony offense if the offender is on a subsequent offense and bumped more if found in possession of more than one controlled substance. Possession of 9 grams of marijuana is a Class 3 misdemeanor, and under NCGS 90-96 (a), as a first time offender, your son would likely be eligible for a conditional discharge of the simple possession charge. Thats why possessing an eight-ball of cocaine is considered possession with intent because it is likely you will share it with others, which is distribution. Governor Kemp Signs Bill that will Enhance Penalties for Fleeing and Eluding in Hall County, Georgia, Hapeville DUI Criminal Defense Attorney. First and foremost, you have rights and are innocent until proven guilty. It all depends on the jurisdiction and the amount of drugs. Constructive possession on the other hand means the offender is not in physical possession but knowingly possesses the drugs at a particular place, like in the center console of a car. Judges in Louisiana take fentanyl possession cases very seriously. To fully understand this crime, it helps to break it into two parts: (1) the possession of the drugs, and (2) the intent to distribute them. Police will usually charge a person with possession with intent to distribute when the amount of drugs allegedly found is greater than the threshold weight, which varies from one type of drug to another. . At Andersen, Tate & Carr, our attorneys are dedicated to reaching the best possible outcome for our clients. Primarily ______ states have several courts of appeal. But the PWID marijuana charges remain a serious offense. Some cases may be more complicated than basic examples, such as involvement with confidential informants among other possibilities. The prosecutor would attempt to use as evidence any guns, scales, cash, baggies, packaging, witnesses to prove possession with intent to supply. Super professional, gets things done timely. This charge is classified as intent, not just possession. Get Answers Now. Possession charges in Georgia can range from a misdemeanor to a felony depending on the details of the arrest. If the proximity of a PWID is within 1,500 feet off a public park, school or church. Mr. Kohn is just amazing. Possession of more than one gram of cocaine result in: The first offense attracts 0-15 years of imprisonment or a fine of up to $25,000 The second offense attracts 5-30 years of imprisonment or up to $50,000 The Louisiana drug laws are found in Louisiana Revised Statutes 40966-970 and the federal laws are found primarily in 18 U.S.C. PWID marijuana charges remain a serious offense, PWID of the two substances are considered the same, contact my offices today for free a consultation. Additionally, a person can be charged with either possession or intent to distribute even if the controlled substances were not found on their person. 841. (This drug schedule list is not exhaustive). O.C.G.A. If you are charged with Possession with Intent to Depending on the specific drug in question, the State has varying weights and amounts associated with trafficking charges. Possession of any amount is a felony with a punishment of between one and 10 years in prison and $15,000 in potential fines. He is diligent in putting in whatever work is necessary to obtain the best possible outcome for you. For the mere possession, various facts are considered in the prosecution to establish whether there is the possibility of drug paraphernalia to provide evidence of the intent to distribute. They are not always applied the same throughout the schedules. A legal defense to this charge is the accused persons lack of intent to possess and knowledge about the presence of drugs. For example, simple possession of 28 grams or more of cocaine is to be considered as possession with intent to distribute, according to Louisiana drug laws. In the State of Georgia, drug laws are notoriously strict in comparison to many other states. Either you possess it or distribute drugs. We know how to beat drug cases on many different levels. Click here for more information. The possession of these two drugs attracts a felony charge under South Carolina law. if (typeof window.atnt !== 'undefined') { window.atnt(); }. This section tells you about the state courts in California. During this time, you have the right to seek legal counsel and you should not discuss your case further with police until a qualified defense attorney is present for questioning. It is a probatable offense and one that we may allow the defendant to file a motion to expunge his record after successful completion of probation. Theater of popular music. Felons frequently struggle to gain and maintain meaningful employment, secure loans, and gain approval for housing. The criminal background of the offender-first offenses attracts fewer penalties than second offenses and other previous felonies. Customer: Hi, if a person is charged with possession of cannabis with intent to sell or distribute, is it possible for that record to be expunged? This is true particularly if you were caught with enough marijuana to get you charged with "possession with intent to distribute": First Offense: If convicted, you may be sentenced to up to 20 years in prison and up to $20,000 in fines. The offense of trafficking a controlled substance by possession with intent to distribute cannot be the predicate felony to a felony murder conviction because it is not an inherently dangerous crime. What you may not realize is that a marijuana charge with the intent to distribute is a far more serious criminal act than marijuana possession. distribute any controlled substance. Also at the federal level, judges have specific guidelines when it comes to sentencing, resulting in less leeway. If a defendant has no prior convictions on his record: therefore, making the current charge his first offense simple possession, then the judge may show more leniency. Drug possession is a crime. A second offense has a mandatory minimum of five years and up to 30 years in prison, while a third or subsequent offense has a mandatory minimum of ten years and up to 30 years in prison: (1) a controlled substance classified in Schedule I (b) and (c) which is a narcotic drug or lysergic acid diethylamide (LSD) and in Schedule II which is a narcotic drug is guilty of a felony and, upon conviction, for a first offense must be imprisoned not more than fifteen years or fined not more than twenty-five thousand dollars, or both. However, even if you possess only a small amount of a drug, In the State of Georgia, an "Intent to Distribute" drug charge is a felony, which prevents the defendant from trying to use the Conditional Discharge Act under O.C.G.A 16-13-2. You could go to prison for as much as twenty years in SC for having over one ounce of marijuana in your possession, while some other states have made it legal to possess as much as four ounces. If you have been charged with intent to distribute, we encourage you to call 770-956-1400 to arrange a confidential meeting with a drug crimes lawyer. David is an awesome defense attorney! Simple possession can be actual, joint, and/or constructive possession. Suite 2060, For example, the penalties will be more severe if a minor is involved in the crime. Family Law The penalties you will face for a marijuana distribution conviction depend entirely on the circumstances surrounding your case. Depending on the judge and your background, the jail time you could receive for possession with intent could be around 15-20 years for that amount. Possession of Alprazolam (Xanax) 1-5 w/wo hard labor, Distribution, Manufacture or PWID Alprazolam 1-10 w/wo hard labor, Possession of Cocaine (<2g) 0-2 w/wo hard labor, Possession of Cocaine (2g 28g) 1-5 w/wo hard labor, Distribution or PWID (Possession with intent to distribute) Cocaine (<28g) 1-10 w/wo hard labor, Distribution or PWID Cocaine (more than or equal to 28g) 1-20 at hard labor, Possession of Ecstasy/MDMA (<2g) 0-2 w/wo hard labor, Possession of Ecstasy/MDMA (2g-28g) 1-10 w/wo hard labor, Distribution, Manufacture or PWID (<28g) Ecstasy (MDMA) 1-10 w/wo hard labor, Distribution, Manufacture or PWID (more than or equal to 28g) Ecstasy (MDMA) 1-20 at hard labor, Possession of Heroin and Fentanyl (<2g) 2-4 w/wo hard labor, Possession of Fentanyl (2g 28g) 2-10 w/wo hard labor, Distribution, Manufacture or PWID, Possession of Fentanyl (more than or = 28g) 5-40 at hard labor, Possession of Methamphetamine (<2g) 0-2 w/wo hard labor, Possession of Methamphetamine (2g 28g) 1-5 w/wo hard labor, PWID Methamphetamine (<28g) 1-10 w/wo hard labor, PWID Methamphetamine (>28g) 1-20 at hard labor. Specifically, well discuss potential fines, penalties and jail time, and what the threshold weights are for each type of drug. For example, possession of less than one ounce of marijuana is most often a misdemeanor, but any amount of cocaine is a felony. For that reason, it is sentenced similarly to Schedule I and II offenses. Additionally, other factors, such as the presence of a scale, plastic bags, or large quantities of unclaimed cash, can increase a possession charge to a distribution charge. Therefore, in this case, no other facts are required to show the defendant had possession with intent to deliver. . Possession with Intent to Distribute cases often are won by filing a Motion to Suppress. The nature of the controlled substances-dangerous and highly addictive substances such as heroin attracts harsher penalties than simple possession of marijuana. Intent to distribute cases also vary in severity within themselves based on the drug schedule categorization outlined in the drug crimes page. Also, we may be able to work a deal including the defendant completing drug treatment or some other rehabilitative program. This is the same scenario as stated above. 112 W. Doty Ave. Suite A or Possession with Intent to Distribute a Controlled Substance, Marijuana, or CounterFeit Substance Near Park or Housing Project lawyer in Georgia can investigate is whether the police conducted an illegal stop, detention, or search when they discovered . The defenses may lead to dismissal of your drug crimes case, winning the trial, or reducing charges from PWID to simple possession. Possession with intent to distribute is considered a felony because it carries the possibility of a hard labor sentence. Some of the penalties you could be facing for a first-offense marijuana distribution at the federal level are a jail sentence of up to five years and a fine up to $5,000 for having 1 to 49 marijuana plants. This site is protected by reCAPTCHA and the Google, There is a newer version of the Georgia Code, ARTICLE 2 - REGULATION OF CONTROLLED SUBSTANCES. Although fentanyl currently carries the same potential penalties as heroin charges, prosecutors and judges may feel that it is appropriate to give harsher sentences for PWID fentanyl, because of its higher potential for overdoses and the media attention that fentanyl overdoses has received in recent years. Intent to supply is when the defendant had possession with the intent to break up the drugs with a scale and supply others through sale. Possession of cannabis with intent to distribute, or sale, delivery or distribution, depending upon the amount of cannabis, is a felony punishable by imprisonment of between 1 and 30 years, and fines in between $100,000 and $1,000,000 under OCGA 16-13-30. 1000 kilogram or more of marijuana (or 1,000 or more plants) Possession of more than one gram of cocaine result in: PWID methamphetamine carries similar potential penalties and threshold weight as powder cocaine or crack cocaine. He met me at a location near me because i did not have a ride available. Copyright 2022 Andersen, Tate & Carr, P.C. Louisiana criminal lawyers and DWI attorneys at the Barkemeyer Law Firm providing legal defense services for clients in New Orleans, Metairie, Kenner, Gretna, Hahnville, Belle Chasse, St. Bernard, Slidell, St. Tammany, St. Charles, St. John, Laplace, Mandeville, Covington, Shreveport, Bossier, and Jefferson. Great lawyer helped me out a lot. it through a prior conviction for Possession with Intent to Distribute or Drug possession penalties can range from suspension of a driver's license and probation for a minor first offense to substantial . But where cocaine, crack cocaine, and methamphetamines have a threshold weight of more than one gram, you can be charged with possession with intent to distribute heroin if you are found with more than two grains of heroin. Trafficking sentences often include a mandatory minimum of 25 years depending on the type of drug and quantity you were transporting. A Cumberland County man facing 3-15 years in prison after being indicted for felon in possession of a weapon pleaded guilty to a lesser offense and agreed to a two-year prison sentence. MDMA (Methylenedioxymethamphetamine, ecstasy, or Molly) is a Schedule I drug like heroin or fentanyl, but the penalties are not as severe because it is a non-narcotic Schedule I drug. A first offense of between 1 and 10 ounce of marijuana attracts a penalty of between 0-5 years of incarceration or a fine not exceeding $5,000. Screen Printing and Embroidery for clothing and accessories, as well as Technical Screenprinting, Overlays, and Labels for industrial and commercial applications Drug Possession With Intent to Distribute Defense Lawyers, What Must Be Proven at Trial By the Prosecution, The Severity of the Possession With Intent to Distribute Illegal Drug Charges in Georgia, Free Consultation with our Criminal Defense Attorneys, When negligence per se applies, the plaintiff is required to show that a reasonable person, Can you think of a reason why this way of storing energy is not ideal for our solar power plant. If you are a first-offender, that gives us even more options to get a great result and protect your criminal record for the future. After negotiating, the prosecutor may end up agreeing to a reduced charge of attempted possession just so that the sentencing range is cut in half. it is unlawful for any person to manufacture, deliver, distribute, dispense, administer, sell, or possess with intent to distribute any controlled . You may have defenses, it is possible that your case could be dismissed or won at trial, and it is possible that your charges could be reduced from PWID to simple possession. 16-13-30). The prosecutor may try to prove other circumstantial facts that they believe tend to show intentional and knowing possession. In Louisiana, there is no hard and fast rule that determines what specific quantity of drugs that is considered an intent to distribute amount. The results were nothing less than superb. Depending on the type of drug and amount of drugs, you could be facing a mandatory minimum sentence. 5 kilograms or more of cocaine 10 grams or more of LSD. If the conviction is possession for personal use, commonly known as simple possession charge, which is associated with personal injury, the offender may face less severe penalties. The prosecutor must prove that you possessed with the intent to give drugs to someone else. (b) Penalties Except as otherwise provided in section 849, 859, 860, or 861 of this title, any person who violates subsection (a) of this section shall be sentenced as follows: (1) The weight of the drugs alone may not be enough evidence for a PWID conviction the State must prove that you intended to distribute the drugs. Possession with intent to distribute MDMA in SC carries a potential sentence of up to five years on a first offense (as opposed to 15 for Schedule I narcotic drugs), up to ten years for a second offense, or 5-20 years for a third offense, and is covered by SC Code Section 44-53-370(b)(2): Possession with intent to distribute narcotics like heroin or fentanyl is covered above in the section on heroin. The 2010 Georgia Code, Title 16, Chapter 13, Article 78 covers the regulation of prescription drug forgery in the State of Georgia. Our criminal defense attorneys, Patrick McDonough and Trinity Hundredmark, have combined experience of more than 30 years representing clients facing criminal charges in Georgia. 2019 Georgia Code Title 16 - Crimes and . sell or distribute the drug that is in his possession. Possession of more than 28 grams (1 ounce) of cocaine -- a Schedule II drug -- is automatically considered trafficking, since the amount is presumed to show intent to sell. Not necessarily. If you are charged with PWID heroin based on weight, the charges can be reduced to simple possession either by the prosecutor or by a jury at trial. March 1, 2023. Does the State have circumstantial evidence such as baggies or scales? Even for smaller quantities, minimum prison sentences are often set at 10 years or more. Mr. Tarr was very knowledgeable of the legal system and that allowed us to navigate through hearings, sentencing and programs for a favorable outcome. If the cocaine was less than 10% pure, the Court would take the percentage of purity and multiply it by the weight you were carrying. JA: What was the final outcome of the drug possession charge? First offense simple possession of methamphetamine carries a potential sentence of 0-2 years in prison. Confidential or time-sensitive information should not be sent through this form. This includes factors such as evidence of a drug related transaction and items for distribution like weighing scales, baggies, and possession of multiple drugs. Notice, many do not have mandatory minimum sentence for drug possession. If this is the first offense, then the suspension will last for a minimum of six months. Having a clean record when you pick up a drug charge can help. offices in both downtown Atlanta and Marietta. If you do Possession with intent to distribute cocaine base, or crack cocaine, carries the same penalties as PWID powder cocaine: (1) for a first offense, must be sentenced to a term of imprisonment of not more than fifteen years or fined not more than twenty-five thousand dollars, or both; (2) for a second offense, the offender must be imprisoned for not less than five years nor more than thirty years, or fined not more than fifty thousand dollars, or both; (3) for a third or subsequent offense, the offender must be imprisoned for not less than ten years nor more than thirty years, or fined not more than fifty thousand dollars, or both. Possession with intent to distribute is considered a felony because it carries the possibility of a hard labor sentence. Georgia categorizes controlled substances by schedule. Police will usually charge PWID, instead of simple possession, if a person is found with more than 15 ecstasy pills. 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