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Drug Crime Defense Lawyer

If you were charged with a drug crime, you need a criminal defense attorney who has experience representing people charged with these serious offenses. Whether you’ve been charged with manufacturing drugs or simple possession, drug crimes can carry harsh sentences.

At the Hines Law Firm, our drug crime attorneys have successfully represented individual drug crime charges for years. Hiring one of our attorneys can be the difference between a felony on your record and jail time or an acquittal, dropped charges, or lesser consequences.

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Should I Hire a Drug Crime Defense Lawyer?

Yes, hiring a criminal defense lawyer is often crucial if you are facing drug-related charges.

Drug cases can be complex and carry significant penalties, including jail time, large fines, and a criminal record that could impact future employment, education, and housing opportunities.

Here are key reasons why hiring a defense lawyer can make a difference when it comes to protecting your legal rights:

1. Understanding of Drug Laws and Penalties

Drug crime laws can vary widely by state and often include specific rules regarding different types of substances, amounts, and levels of offense (such as possession vs. trafficking). An experienced drug crimes lawyer understands the nuances of these laws and can help you navigate the complex legal landscape.
Drug crime attorneys can clarify the potential penalties for your specific charges and inform you about plea deals, alternative sentencing options, or opportunities to have charges reduced or dismissed.

2. Assessing the Strength of the Prosecution’s Case

Drug crime lawyers have extensive experience examining the evidence presented by the prosecution, including search and seizure procedures, witness statements, and lab test results. They can identify weaknesses in the case, such as lack of direct evidence, procedural errors, or insufficient proof of possession or intent.
With a thorough analysis, your lawyer can challenge evidence that might be unlawfully obtained or unreliable, potentially leading to a reduction of charges.

3. Protecting Your Constitutional Rights

Drug cases often involve complex Fourth Amendment issues, such as unlawful searches and seizures. A defense lawyer can determine if law enforcement violated your rights during the investigation or arrest.
If the evidence against you was obtained through unlawful means, a lawyer can file a motion to suppress it, which could significantly impact the prosecution’s case.

4. Negotiating Plea Deals or Alternative Sentencing

Many drug-related offenses are resolved through plea agreements rather than going to trial. An experienced drug possession lawyer can negotiate with the prosecution to secure a plea deal that reduces your charges or penalties, especially for first-time or non-violent offenders.
In some cases, a criminal attorney may be able to advocate for alternative sentencing, such as a drug diversion program, rehabilitation, probation, or drug court, which may allow you to avoid jail time.

5. Experienced Representation in Court

If your case goes to trial, having a drug charge defense lawyer is essential. Defense lawyers are skilled at cross-examining witnesses, presenting evidence, and delivering arguments that challenge the prosecution’s claims.
They can help you avoid common pitfalls and ensure that your side of the story is effectively presented to the judge or jury, increasing your chances of a favorable outcome.

6. Building a Strong Defense Strategy

A drug possession attorney can help you build a tailored defense based on the specifics of your case. Possible defenses in drug cases include lack of possession, lack of intent, mistaken identity, entrapment, and chain of custody issues.
Your lawyer can determine the best defense for your situation, whether that’s arguing for a dismissal based on legal technicalities or contesting the facts of the case in court.

7. Minimizing Long-Term Consequences

A conviction for a drug crime can have lasting consequences on your future, affecting job prospects, education, housing, and more. A lawyer’s goal is to help you avoid or minimize these consequences by reducing or dismissing charges or advocating for a non-conviction resolution, such as a diversion program.
They can also guide you on record expungement or sealing options if your case is eligible, helping you move forward with a clean slate.

8. Access to Resources and Expert Witnesses

Drug crime defense lawyers often work with experts, such as toxicologists, forensic scientists, and private investigators, who can support your defense. These experts may be able to challenge the prosecution’s evidence, such as lab test results or witness reliability.

9. Providing Emotional Support and Guidance

Facing criminal charges can be overwhelming and stressful. A defense lawyer can guide you through each step of the process, explain what to expect, and offer valuable reassurance during a challenging time.

10. Protecting Your Reputation

A drug crime lawyer can work to protect your reputation and privacy. They may also be able to handle media inquiries, especially in high-profile cases, and manage other sensitive aspects that could impact your public image.

How Can a Drug Crime Defense Attorney Help?

Being arrested for drug crimes doesn’t mean an automatic drug conviction.

In many cases, a skilled drug defense attorney on our legal team has taken a proactive approach in contacting the prosecution. Their goal is to find a resolution before charges are filed.

When misdemeanor or felony charges have been filed, your attorney will meet with you to go through the police report and the drug possession charges.

Throughout the entire process, they will focus on your legal defense and finding a resolution that is in your best interest. This can involve a trial. If the specifics of a plea bargain aren’t acceptable, your attorney will move forward with a jury trial.

At the Hines Law Firm, our experienced attorneys have the dedication needed to fight for the rights of clients arrested for drug offenses.

At our firm, we commonly handle the following types of drug charges:

Drug manufacturing
Drug trafficking
Drug possession with intent to sell
Drug possession

A criminal lawyer will meet with you to go over the facts of your case and create a strong defense that can result in lesser charges, the dismissal of charges, or an acquittal.

Our experienced defense attorneys provide you with legal options that help you avoid lengthy prison sentences and harsh criminal penalties.

Drug Schedules

The specific penalties and charges you’re facing will depend on the type of drug involved.

In Georgia, drugs are divided into five schedules based on their potential for abuse.

Schedule l

Schedule l drugs have a high potential for abuse, with no accepted medical usage. Schedule l drugs can include ecstasy, heroin, and LSD.

Schedule ll

Schedule ll drugs have a high abuse potential but have an accepted medical usage. These drugs include cocaine and amphetamines.

Schedule lll

Schedule lll drugs include stimulants, depressants, and anabolic steroids.

Schedule lV

Schedule lV drugs have an accepted medical usage and include certain types of stimulants and depressants.

Schedule V

Schedule V drugs include limited quantities of narcotics and drugs that contain certain ingredients that have medicinal benefits.

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What Our Clients Have To Say

“Thank you all for the help during the time of uncertainty , very attentive and very professional group of individuals especially Julian who is a very great part of the team. Took time out of his day to reach out to you either through email or phone call. Your questions will be answered. Thank you all for the great help. 🙏🏽”

Juan Pesina

Happy Client

“They are a team of very responsible, kind and dedicated professionals, they were always aware of all the details of the case and keeping us informed about each step we should take, I recommend them 100% Thanks so much, Great job”

Vanessa

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“They are an excellent team, they always attended to all my concerns, defending my rights and representing me throughout the process. they always made me feel calm and trusting of them. I highly recommend them. They met all my expectations.”

Arianna Carrizo

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“Helped me so much during my accident. I recommend this firm to everyone I know and meet they’re just that amazing and I love that their team is bilingual!!”

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Drug Crime Penalties

There is a wide range of penalties for drug crimes based on factors like the type and amount of drug, the intent (such as possession, distribution, or trafficking), and any prior criminal history.

Below is an overview of common drug crime penalties in the U.S., with an emphasis on factors that influence sentencing.

1. Drug Possession Penalties

Penalties: Fines, community service, probation, and sometimes short jail terms.
First-Time Offenders: In some cases, first-time offenders may be eligible for diversion programs, which can lead to reduced charges or dropped charges upon completion.
Possession of Larger Amounts: Larger quantities or possessing multiple types of drugs may lead to felony charges, even if there’s no intent to distribute.
Penalties: Lengthy jail or prison sentences, higher fines, and more severe criminal records.

2. Drug Distribution and Intent to Distribute

Intent to Distribute: When a person is found with quantities of drugs, packaging materials, scales, or large sums of cash, authorities may assume intent to distribute.
Penalties: This is usually charged as a felony, with longer prison terms, large fines, and possible property forfeiture.
Enhanced Sentences: If distribution occurs near schools or playgrounds, penalties may be harsher.

3. Drug Trafficking

Definition: Trafficking involves the transport, sale, or manufacture of significant amounts of controlled substances, including heroin, cocaine, methamphetamine, and large quantities of marijuana.
Penalties: Trafficking typically results in severe felony charges with potential federal implications.
State vs. Federal Trafficking: Federal charges generally carry harsher penalties, including mandatory minimum sentences that vary by drug type and quantity.
Sentencing Ranges: In many cases, sentences can range from 5 years to life in prison, depending on the circumstances.

4. Manufacturing or Cultivation of Drugs

Manufacturing: Involves producing controlled substances, such as meth labs or cannabis cultivation operations.
Penalties: Depending on the scale, manufacturing charges often lead to felony convictions, carrying penalties of several years in prison, along with hefty fines.
Safety Violations: If manufacturing involves dangerous methods, like meth labs with hazardous chemicals, additional charges for endangering public safety may apply.

5. Prescription Drug Crimes

Illegal Possession of Prescription Drugs: Unauthorized possession of prescription drugs like opioids, benzodiazepines, or stimulants.
Penalties: Often treated similarly to illegal drugs, with potential for both misdemeanor and felony charges based on quantity and intent.
Prescription Fraud or “Doctor Shopping”: Attempting to obtain multiple prescriptions or falsifying prescriptions is considered a felony in most states.
Penalties: Includes jail or prison time, significant fines, and a felony record.

6. Drug Paraphernalia Charges

Possession of Drug Paraphernalia: Items like pipes, needles, or scales can lead to misdemeanor charges in many states.
Penalties: Generally result in fines, probation, and sometimes short jail terms, but typically less severe than other drug charges.

7. Factors Affecting Sentencing

Prior Offenses: Repeat offenses usually result in harsher sentences.
Drug-Free Zones: Possession, distribution, or trafficking within certain distances of schools, parks, or playgrounds may increase penalties.
Drug Quantity and Type: The specific drug type and amount often dictate the severity of sentencing, with more severe penalties for drugs considered highly addictive or dangerous.
Federal vs. State Charges: Federal charges, often applied in trafficking and large-scale manufacturing cases, generally carry stricter sentences than state charges.

8. Alternative Sentencing Options

Drug Court: Some first-time offenders may be eligible for drug court, a diversion program focused on treatment and rehabilitation rather than jail time.
Rehabilitation Programs: For some non-violent offenders, courts may offer probation with mandatory attendance in a rehabilitation program.

Drug Charges

In Georgia, it’s illegal to be under the influence of the following types of illegal substances or derivatives:

Peyote
Marijuana
LSD
Cocaine
Methamphetamine
Anabolic steroids
Heroin
Morphine
Ecstasy
Mushrooms
Opium

Drug Case Defenses

Defending against a drug case can involve several legal strategies, each tailored to the unique facts and circumstances of the case.

The defenses may focus on challenging the evidence, the actions of law enforcement, or even arguing a lack of knowledge or intent.

Here are some common defenses our experienced drug crime lawyers may use:

1. Unlawful Search and Seizure

Fourth Amendment Violations: If the police obtained evidence without a valid search warrant or probable cause, the search could be deemed unconstitutional.

Suppression of Evidence: If a court finds the search illegal, any evidence found (such as drugs) may be suppressed, meaning it cannot be used against you.

2. Lack of Possession or Knowledge

No Knowledge of the Drugs: The defense can argue that you were unaware of the drugs’ presence, especially if the drugs were found in a shared vehicle or residence.

Not in Possession: To convict, prosecutors must often prove “constructive possession,” meaning you had control over the drugs or the place where they were found. If they cannot establish this, the case may be dismissed.

3. Entrapment

Government Coercion: If law enforcement officers or informants pressured or persuaded you into committing a crime you would not otherwise have committed, you may have an entrapment defense.

Requirement for Defense: You must show that you were not predisposed to commit the crime and only did so because of undue influence from law enforcement.

4. Mistake of Fact

Lack of Intent: If you genuinely did not know that what you possessed was a controlled substance, this defense may apply. For instance, if you were holding a package for someone without knowing it contained drugs, you may argue a lack of intent.

5. Chain of Custody Errors

Improper Handling of Evidence: The prosecution must prove an unbroken chain of custody for any drug evidence. If law enforcement improperly documented, stored, or handled the drugs, it could compromise the evidence.

Contamination or Tampering: Any gaps in the chain of custody may create doubt about the integrity of the evidence, potentially leading to its exclusion.

6. Medical Authorization or Prescription

Prescription Defense: For certain controlled substances, having a valid prescription may provide a defense against charges of illegal possession.

Medical Marijuana: In states where medical marijuana is legal, possession charges may be dismissed if you can show valid authorization. However, this defense depends on state laws, and marijuana remains illegal federally.

7. Insufficient Evidence

Failure to Meet the Burden of Proof: Prosecutors must prove each element of the crime beyond a reasonable doubt. If evidence is weak or circumstantial, your attorney may argue there isn’t enough evidence for a conviction.

Witness Credibility: If the prosecution relies on unreliable or biased witnesses, such as informants or co-defendants with plea deals, their credibility may be questioned.

8. Laboratory Analysis Challenges

Proof of Substance: It must be proven that the substance seized is an illegal drug, which typically requires a laboratory test. If tests were not conducted or if there was any doubt about the lab’s accuracy, it could be a viable defense.

Incorrect or Incomplete Testing: Errors in testing protocols or results can lead to the exclusion of the drug as evidence.

9. Police Misconduct

Planted Evidence or False Reports: Allegations of police misconduct, like planting drugs or filing false reports, can be a defense. Such claims require supporting evidence, often through witness statements or video footage.

Violation of Rights During Arrest: If police used excessive force or violated procedural rights during the arrest, this could potentially affect the case.

10. Duress or Coercion

Forced Involvement: If someone forced you to participate in a drug crime through threats or physical coercion, you may have a duress defense. You would need to show that you faced an immediate threat of harm and had no reasonable opportunity to escape.

11. Lack of Intent to Distribute

Personal Use vs. Intent to Sell: If you’re charged with possession with intent to distribute, but the quantity of drugs and circumstances don’t indicate sales, you may argue that the drugs were solely for personal use.

No Evidence of Sales Activity: This defense may be supported if there’s no evidence of packaging materials, scales, or large amounts of cash.

12. Alibi Defense

Presence Elsewhere: If you can establish that you were not present at the scene where the drugs were found or where the alleged crime occurred, you may have a strong defense.

Witness Testimony: Alibi defenses may be bolstered by witness testimony, phone records, or video footage showing you were elsewhere.

Contact Us Today!

During this stressful time, you don’t have to go through the legal process alone. Our legal team understands the penalties you’re facing and knows what it takes to create a strong defense.

If you were arrested or facing drug charges, contact a drug crime defense lawyer at the Hines Law Firm as soon as possible to schedule a consultation. An experienced drug crime defense lawyer on our legal team can meet with you to go over your case, review evidence, and create a strong defense that can result in reduced charges, the dismissal of charges, or an acquittal. Contact us today to learn more.

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Convenient Offices Across Georgia

Atlanta

678-846-3161

Law Offices of Matthew C. Hines 1900 The Exchange SE, Building 500 Atlanta, Georgia 30339

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Austell

678-359-6025

Law Offices of Matthew C.Hines 5000 Austell-Powder Springs Road, Suite 282 Austell, GA 30106

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Gainesville

678-990-8905

Law Offices of Matthew C. Hines 175 John W. Morrow Junior Pkwy Gainesville, GA 30501

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Jonesboro

678-972-1521

Law Offices of Matthew C. Hines 6463 Tara Blvd, Jonesboro, GA 30236

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Marietta

678-679-4076

Law Offices of Matthew C. Hines 639 Powder Springs Street, Unit D Marietta, GA 30069

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Dalton

706-661-8263

Law Offices of Matthew C. Hines 1614 E Morris St, Dalton, GA 30721

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Alpharetta

Atlanta

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