Possession of more than one ounce is a crime punishable by a minimum of one year and a maximum of 10 years in prison. Lawson and Berry and their team of marijuana possession lawyers in Georgia can help if you or a loved one have been charged with possession of marijuana. Remember that a charge for possession of marijuana is not the same as a conviction, so it is vital for your case to hire an attorney with knowledge in the field of marijuana possession. Marijuana is regulated by the Georgia Controlled Substances Act.
Being charged with possession of marijuana isn't simply a slap on the wrist; it can have serious consequences, including consequences for your Georgia driver's license. That's why it's vital to have a supportive and knowledgeable lawyer to help you with your case. The Law Office of Lawson and Berry and its team of marijuana possession lawyers in Georgia will fight for you and try to help you avoid a criminal conviction. Don't wait to call; schedule a free consultation today.
Georgia is one of the states that have specific statutes that regulate marijuana-related crimes. A mother was convicted of possession of marijuana even though her son was the one selling it. Police officers received a call one night from a neighbor who stated that the accused had a lot of cars parked in her house and on the road. When police arrived at the house, they saw some men leaving the house with brown paper bags.
They could smell marijuana and asked the men what was in the bags. They opened the bags to reveal about eight ounces of marijuana. They arrested the two men and headed to the house. The defendant left the house and identified herself as Debbie Kirchner and said that the two men were friends of her son.
The agent asked for permission to search the house and was refused. After receiving a search warrant, officers entered the house and found bags of marijuana in numerous places. They noticed a strong smell of marijuana coming from the basement, and when asked about the smell, Kirchner replied that the smell had always been there, so she didn't notice it. During the trial, Kirchner tried to argue that there was insufficient evidence that he exercised dominance and control over drugs.
Kirchner said that her son had exclusive access to the safe that contained the marijuana and that it had nothing to do with it. The Court determined that there was an open use of marijuana in the downstairs area and, given the smell and frequency of visits that came to see her son, the only way Kirchner could not have known what was happening was if she deliberately ignored the obvious evidence of the activities. Although he did not have marijuana with him, the Court found sufficient evidence to show that he was in constructive possession because the house belonged to him. In Georgia, there is a presumption of ownership and control when the defendant owns or resides on the premises.
Therefore, she was found guilty of possession of marijuana. To be guilty of possession of marijuana in Georgia, the State must prove that the defendant is guilty beyond a reasonable doubt. It is illegal for anyone to possess a controlled substance in Georgia and, therefore, the State must prove that the defendant possessed marijuana. As mentioned above, possession can be real or constructive.
If someone is not in actual possession, a person who knowingly has the power and intention to exercise dominance or control over marijuana at any given time will be considered to be in constructive possession of it. To prove constructive possession, the State must establish a link between the suspect and the marijuana that goes beyond mere spatial proximity. In the case of misdemeanors involving possession of marijuana, the DDS will accept a declaration of no-contest once every 5 years to avoid the suspension of the corresponding license. To qualify, you must be 16 years of age or older and attend an alcohol or drug risk reduction program for driving under the influence of alcohol or drugs within 120 days of being sentenced.
The “no contendere” statement will be at the sole discretion of the judge in your case. Alternatively, Georgia allows for probation or referral programs for people who are facing their first criminal prosecution. Probation is a program similar to probation, in which a judge sets conditions that must be met in order for charges to be removed from the defendant's record. Judges are more likely to order probation if it is the first drug-related offense for the accused and if it is a relatively minor case.
The conditions could include requiring the defendant to undergo a comprehensive rehabilitation program or medical treatment. However, all cases of drug possession will result in a mandatory suspension of your driver's license. If this is the first offense, the suspension will last for a minimum of six months. If this is the second offense, the penalty is one year of suspension and a third or subsequent offense results in a minimum suspension of two years.
Our Georgia marijuana possession lawyers will help you understand your options and help you with your case. To schedule a free consultation with attorney Richard Lawson, Kimberly Berry, or their team of lawyers specializing in marijuana possession in Georgia, contact our offices today. Our lawyers are dedicated to being accessible to their clients during the days, nights, weekends and holidays while working hard on their behalf. Your marijuana possession lawyer in Georgia will ensure that you understand all your options and the good and bad of each.
Every marijuana possession case is unique, and our lawyers will work with you to formulate the best possible defense for your situation. They will advise you on the best approach to follow for your case based on their many years of experience. Your future and your ability to drive are at stake; don't sit around waiting for your case to resolve itself. Violations that are committed within 1,000 feet of a school, park, playground, recreation center, public housing project, or drug-free shopping area carry additional penalties, as follows.
These penalties are in addition to the prison sentences and fines described above. While possession of an ounce or less is a misdemeanor, possession of 28 grams of marijuana or more is a crime punishable by one to ten years in prison. A conviction for manufacturing marijuana is also a felony with a sentence of up to 10 years in prison. Many recreational marijuana users in Georgia mistakenly believe that a person charged with a first offense for possession of marijuana can receive nothing more than a slap on the wrist.
In Georgia, it is a crime to possess marijuana for personal use or to buy, manufacture, or sell marijuana (or to possess it with the intention of doing any of these things). If the police find marijuana on your coffee table, in the glove compartment, or anywhere else, they can still arrest you if they think you have “control” of the marijuana. Your marijuana possession lawyer in Georgia could use this evidence to show that you did not intend to possess marijuana and help get the charge dismissed. In drug cases in Georgia, when a charge of possession of marijuana is alleged, the prosecutor will charge you with a misdemeanor or a felony for marijuana.
You had no reason to suspect that there was marijuana in the package, and they caught you speeding and discovered the marijuana. Possession of marijuana is a serious crime and the possible penalty for possession of marijuana will surprise you because of its harshness. .
