Any drug-related crime can be serious and result in severe penalties. One such charge is drug trafficking.
If you are charged with drug trafficking in Georgia, the consequences of a conviction include jail time, huge fines, probation, and more. However, with the right attorney, you may be able to beat the charges against you or have them reduced.
Drug trafficking laws in Georgia impose mandatory federal minimum sentences if convicted of this crime. In fact, according to Georgia statutes, penalties for this crime include fines of up to one million dollars and jail time of up to 30 years. Subsequent convictions of drug trafficking convictions can result in up to life in prison for some drugs and substances.
Here you can learn more about drug trafficking charges and why hiring an experienced criminal defense lawyer from the Law Offices of Matthew C. Hines is recommended.
Drug Trafficking Defined
The term “drug trafficking” refers to the manufacture, sale, distribution, possession, or delivery of a controlled substance. If the authorities catch you with a large amount of a drug and it indicates you would likely sell it rather than use it for personal use, you would likely face drug trafficking charges in Georgia.
There is no general answer to if the amount you possess would result in this charge. That is because factors like the type of drug you have, how pure it is, and how much of it you possess will all determine if you face trafficking charges.
What Options Are There to Beat a Drug Trafficking Charge?
Penalties for a drug trafficking conviction are severe. Because of this, you need an attorney to help with the charge and have it dropped, if possible.
If you face this charge, you should remember that there is hope. Some things you can do to help beat a drug trafficking charge are found here.
Hire an Experienced Attorney
You need an experienced and reputable criminal defense lawyer to defend your case immediately. Hiring an attorney right after you are arrested gives them time to review your situation and any evidence against you. They will also have adequate time to prepare your defense.
Show the Police Made an Error
One way to beat a drug trafficking charge is by showing that the charges you face are not admissible in court due to police errors. If you show reasonable doubt that your goal or intention was not to traffic the drugs you were caught with, your case may be dismissed.
Police officers do not have the right to search your person or property if they do not have a search warrant. If the police do not have a warrant, they can request permission to search; however, you do not have to consent to this. If a search is performed without a warrant, the evidence they gather is considered inadmissible in court.
If you are arrested, they have the burden of proof. In some situations, if an officer sees you close to the drugs in question, they automatically assume you are involved in some way.
However, just being in the vicinity or near a drug is not sufficient proof to state they are yours. If the office cannot prove you had “constructive possession” of a drug, you cannot be charged with the possession of it or the intent to sell it.
Violation of Rights
According to Georgia law, officers must read your Miranda Rights when they arrest you. If you have not been advised of your rights, police should not arrest you. If you are questioned without being read your rights, you may be able to have your case thrown out of court.
Officers can also violate your rights if they trick you into admitting your guilt or if they do not let you have your attorney present during the questioning. It may be enough to have your case dismissed in both situations.
In some situations, undercover officers use confidential informants (CIs) to pressure you into committing a crime. If a CI or officer pressures you to traffic drugs, your attorney may be able to have your case dismissed. However, this defense is not applicable in every situation.
The Law Offices of Matthew C. Hines Can Help Protect Your Freedom
Sometimes, none of the options mentioned above will apply to your situation. If that is the case, you can work with our law firm, and we can build a defense to help you get a deal to have the charges against you reduced or dismissed. Sometimes, this is achieved by cooperating with the prosecution. While this may be possible, it is smart to speak with your attorney before you decide what you should do and what steps you need to take.
The Law Offices of Matthew C. Hines will take time to explain your options and ensure you fully understand the strategies we will use for your case.
The first step is to contact our office to schedule an initial consultation. We can learn about your situation and gather evidence and information to help build a solid defense for your case. Do not wait to contact us. The sooner you call, the more time we will have to work on your defense strategy.