Drug Crime Defense Lawyer

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

Simple Possession Charge: This is often considered a misdemeanor, especially for small amounts intended for personal use.

• 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.