Drug Convictions and Your Rights

Drug Convictions and Your Rights


If you’ve been charged with a drug crime in Georgia, you need to find an attorney who understands Georgia drug convictions and your rights. If you don’t understand your rights, you could be facing serious consequences. Read on to learn about your options.

Simple Possession

If you are convicted of a drug offense, it can have a huge impact on your life. It can limit your educational opportunities and your ability to qualify for food stamps. You should not hesitate to seek legal help to ensure your rights are protected. A Georgia criminal defense attorney can provide you with the knowledge you need to get through this difficult time.

In Georgia, the penalties for simple possession vary. The amount of drugs possessed is the determining factor. Simple possession is less serious than distribution, which can be punishable by up to a life in prison.

If you have been charged with drug possession, it is in your best interest to hire an experienced attorney to assist you with your case. An aggressive defense can make a difference in your case and can reduce the penalties you face.

First-time drug offenders may be eligible for conditional discharge. Conditions for this may include a rehabilitation program, sobriety or community service work.

Predicate Controlled Substance Offenses

If you have been charged with a drug offense, it is best to contact a Georgia drug defense attorney. Your chances of winning your case depend on a number of factors, such as the facts of your case and the skills of your lawyer. It is essential to work with a knowledgeable defense attorney as soon as you have been arrested. A conviction for a drug offense can have a dramatic impact on your life. Whether you are convicted or not, a criminal record can hinder your educational opportunities and affect your employment options.

Although it is illegal to possess a variety of drugs, controlled substances are specifically classified into five schedules. Schedule I drugs are the most dangerous, with high abuse potential. Similarly, schedule IV and V drugs are less hazardous, but may have medical uses.

Trafficking in a controlled substance is a class A felony. In order to be convicted of trafficking, a defendant must be in possession of a large quantity of a controlled substance.

Career Offender Status

Felony Drug Charges Attorney Jeremy Loew | (719) 387-4111

If you have a prior conviction of a drug trafficking crime in Georgia, you will likely find that your punishment is higher than it would be for a non-violent drug offender. This is due to the fact that the United States Sentencing Guidelines assign all career offenders to a guideline range near the statutory maximum penalty. The aforementioned guideline is known as the career offender rule.

The United States Sentencing Guidelines define a career offender as someone who has two prior felony convictions. There are several types of a career offender. For example, you might be a mixed offender, meaning that you have two violent and one controlled substance conviction. Or you might be a violent only offender.

Defendants with two prior felony convictions are subject to significantly higher federal sentencing guidelines. However, even defendants with lengthy criminal histories are not guaranteed to be designated as career offenders. Nonetheless, it is a good idea to consult with a federal criminal defense attorney if you believe that you do qualify as a career offender.


In Georgia, there are strict laws against drug possession. The penalties vary depending on the type of substance possessed and the amount possessed.

If you are caught possessing illegal substances, you are subject to Federal and State charges. This is one reason why you should consult a skilled criminal defense attorney. Getting legal advice can save you time and money.

First time offenders in Georgia are given special treatment. They may be given probation or conditional release. Depending on the substance possessed, they may be eligible for a reduction in their sentence.

Drug trafficking in Georgia is a felony that can result in jail time. Depending on the amount of drugs seized, you could be facing up to 30 years in prison. A fine of at least $20 thousand is also a possibility.

Possessing a firearm while using illegal drugs is another felony charge that can have serious consequences. Thirty-year-old Darnell Dwight Brown pleaded guilty to Possession of Firearm by User of Illegal Drugs.