Whether you were charged with a state or federal marijuana distribution crime, a qualified marijuana attorney who specializes in this complex area of law can help you. If the passenger doesnt own or control those drugs, he is not in simple possession of those drugs. For the larger quantities of controlled substances, drug trafficking charges carry a minimum sentence of 25 years in prison and fines up to one million dollars. The penalties for more than 1 gram of meth are: In Columbia and South Carolina in general, heroin is classified as a Schedule i narcotic drug. Serving all counties in South Carolina including Richland, Lexington, Aiken, Orangeburg, Newberry and Calhoun county. Sale, Distribution, or Possession of Dangerous Drugs Sale or Transfer of Model Glue to Minors Using a Fictitious Name or False Address When Obtaining Drugs Drug Offenses Attempt or Conspiracy to Commit a Drug Related Offense Conditional Discharge Drug Court Manufacturing Cocaine The nature of the controlled substances-dangerous and highly addictive substances such as heroin attracts harsher penalties than simple possession of marijuana. What does the District Attorney have to prove? is prima facie guilty of violation of subsection (a) of this section. In some drug crime cases, the court may deviate from the mandatory minimum sentences if a defendant: If you or a member of your family has been arrested and charged with illegal drug possession with the intent to distribute in Georgia, you must speak with a Georgia Drug Crimes Attorney. But serious cases like this require quick action to preserve all possible defense options. Possession of a weapon during a violent crime The passenger, Alexis Christine Patelis, 38, of Bethlehem, Georgia, was charged with possession with intent to distribute a Schedule I drug, or . Its easy to overlook the damage a felony conviction could have on your life in the long term. Do not delay in starting your defense! Heres All You Need to Know , The scale of the drug a person possessed during the arrest. Some of the penalties you could be facing for a first-offense marijuana distribution at the federal level are a jail sentence of up to five years and a fine up to $5,000 for having 1 to 49 marijuana plants. Possession with intent to distribute drugs in SC, or PWID, is the next step up from simple possession charges. Charge by PRO: Probation violation (when probation term) (O/C . (b) Penalties Except as otherwise provided in section 849, 859, 860, or 861 of this title, any person who violates subsection (a) of this section shall be sentenced as follows: (1) 1 This is why the drug offense is known under some states' criminal law as: possession with intent to deliver (PWID), possession with intent to distribute, or; drug possession with intent to sell. Possession of more than one gram of cocaine result in: The first offense attracts 0-15 years of imprisonment or a fine of up to $25,000 The second offense attracts 5-30 years of imprisonment or up to $50,000 In Louisiana, there is no hard and fast rule that determines what specific quantity of drugs that is considered an intent to distribute amount. Rating: +2. House Bill 234 is the best bill on this subject and the only one with a net positive rating. The stop and search are always heavily analyzed applying the most recent Louisiana law and federal constitutional case laws. For example, drugs found in your pocket or cigarette pack is actual possession. The punishments handed down during sentencing are based on the type of drug, the amount of the drug found in the defendant's possession, and if the defendant had an intent to distribute. 11.41.120. This is important because the judge is then left to order a sentence. If you do not properly file them, they are waived and you will potentially lose the ability to beat your case. Possession with Intent to Distribute cases often are won by filing a Motion to Suppress. Grno, Jessica Celia, 25. is required. If the type of drug is not heroin or fentanyl and the amount isnt too large, you may be able to get probation or better if youre criminal record doesnt look too bad. Summerville, SC 29483 JA: What was the final outcome of the drug possession charge? In 1976, federal prisons cost $183.914 million; in 2016, federal prisons cost over . Understanding whats at stake for intent to distribute cases starts with understanding whos at risk from distribution. Under federal law, the possession of a controlled substance with the intent to sell or distribute it is a serious offense. You do not have to sell the drugs or make money or even exchange anything to be charged with possession with intent. Transparency is the adobe Adobe buildings are typically earthen brick structures made of sand, silt, clay, and straw. This charge is classified as intent, not just possession. georgia drug trafficking cases Tatko na pesmaricu. We serve clients throughout Georgia, including, but not limited to, those in the following localities: Fulton County including Alpharetta, Atlanta, East Point, Johns Creek, Milton, Roswell, Sandy Springs, and South Fulton. Criminal Attorneys & DWI Lawyers in Covington, New Orleans, and Shreveport Louisiana. Drug trafficking is arguably the most serious non-violent drug charge a person can face. Many times, confidential informants will tip off the police that the defendant had a stash that he was in possession with intent to sell. For example, if the defendant had 2 grams of cocaine, that is generally viewed as a personal amount and the charge would be simple possession of Schedule 2 drugs. First offense simple possession of methamphetamine carries a potential sentence of 0-2 years in prison. possession with intent to distribute first offense georgia. ability to beat your case. A person may face the same penalties if found with the intent to distribute or have already delivered the controlled substances. Unlike most states, SC lacks different criminal penalties for cocaine base and powder cocaine, meaning the PWID of the two substances are considered the same. Possession of more than an ounce of marijuana in SC is usually charged as PWID instead of simple possession maybe you dont sell weed and you intended to smoke it all, but police will still charge you with possession with intent to distribute if its more than an ounce. This site is protected by reCAPTCHA and the Google, There is a newer version of the Georgia Code, ARTICLE 2 - REGULATION OF CONTROLLED SUBSTANCES. To prove the defendant had constructive possession, the prosecution must prove that the suspect and the illicit drugs belong to the defendant, although the defendant may not have the drugs on them. Drug possession penalties can range from suspension of a driver's license and probation for a minor first offense to substantial . 16-13-30(b). Mandatory minimum sentences refer to situations where the judge has limited discretion in imposing a sentence. Theater of popular music. If you have a bad case, we know how to fight to get the lowest possible sentence and plea agreement. The prosecution must prove "Intent to Distribute" by showing that the defendant had more narcotics or controlled substances in their possession than he or she would possess for self-use. Under . If you are charged with PWID heroin based on weight, the charges can be reduced to simple possession either by the prosecutor or by a jury at trial. The weight of the drugs alone may not be enough evidence for a PWID conviction the State must prove that you intended to distribute the drugs. At Andersen, Tate & Carr, our attorneys are dedicated to reaching the best possible outcome for our clients. Charge by GCSO: Probation violation (when probation term) (O/C reckless driving). For more information, or to request a case evaluation, contact our law office at 1-770-822-0900. If you were found with a large amount of marijuana, then the prosecution can claim that you were intending to distribute it to others even if this is not the case. Some potential defenses for PWID charges depending on the convictions are: Due to many factors employed to determine PWID charges, the cases often become complicated to defend. Click here for more information. In this case, multiple individuals in that particular car can be charged because they are believed to have the ability to control the possession or are involved directly or indirectly in the same. Drug trafficking charges can be brought against a person who brings a certain amount of drugs across state lines or from another country. Possession with intent to distribute is considered a felony because it carries the possibility of a hard labor sentence. More specifically, it must be proven they were both engaged in acts to possess the drugs with intent. The vast majority of drug charges are felony offenses, and there are many factors that increase the severity of the charges being brought against the accused. The consequences even worsen if the offender is charged with the intent to distribute to others. intent to sell, the State would have to show evidence of baggies, a scale, Possession with Intent to Distribute Laws in Georgia. Was an actual sale made? This is a fact for a jury to decide. If you were recently charged with Georgia marijuana distribution, the first thing you should do is to immediately contact an experienced marijuana distribution defense attorney. No less than 1 and no more than 10 years in prison. If you are charged and convicted of manufacturing, delivering, distributing, dispensing, administering, selling, or possessing with intent to distribute any controlled substance you will face the following potential sentences: Although Flunitrazepan (also known as Rohypnol, the date rape drug) is a Schedule IV substance, it is a drug taken VERY seriously by the State of Georgia. Possession with intent involving a Schedule I or II drugs will result in the possibility of prison for 5-30 years for a first offense. For example, four people are riding in a car with 5 pounds of marijuana in a bag in the backseat, the police might arrest all four people with simple possession or even possession with intent unless someone speaks up and says it is his only and that the other passengers didnt own or control the drugs. Also, the prosecution would also have to present evidence that the defendant intended to sell or distribute the drugs. The possession of controlled substances is considered a severe offense in South Carolina. Mr. Larry Kohn could not have been more helpful. Contact us. If this is a second offense for the same amount of plants, you could face 10 years to life in prison and the fine can be up to $4 million. . Possession with intent to distribute MDMA in SC carries a potential sentence of up to five years on a first offense (as opposed to 15 for Schedule I narcotic drugs), up to ten years for a second offense, or 5-20 years for a third offense, and is covered by SC Code Section 44-53-370(b)(2): Possession with intent to distribute narcotics like heroin or fentanyl is covered above in the section on heroin. Although the term transparency is not a financial term or metric per se, it has become increasingly important to consumers and investors over the last several years. Intent to distribute cases also vary in severity within themselves based on the drug schedule categorization outlined in the drug crimes page. is prima facie guilty of violation of subsection (a) of this section. If the defendant possessed 200 grams of cocaine, this would be considered an intent to distribute amount. It all depends on the jurisdiction and the amount of drugs. However, if youre convicted of moving 10 pounds of fentanyl through Louisiana, the judge would sentence you between 5-40 years hard labor. The results were nothing less than superb. The defenses may lead to dismissal of your drug crimes case, winning the trial, or reducing charges from PWID to simple possession. Commonly, a VGSCA crime refers to such charges as: Possession of Marijuana. For more information, or to request a case evaluation, contact our law office at 1-770-822-0900. Templeton Mims & Ward in Summerville, South Carolina represents clients throughout the Low Country, including Charleston County, Berkeley County, Dorchester County, Calhoun County, Colleton County, Beaufort County, Georgetown County, and Orangeburg County, including communities such as Charleston, Summerville, Daniel Island, Folly Beach, Mount Pleasant, Moncks Corner, Beaufort, Hannahan, Goose Creek, St. George, Walterboro, and North Charleston, SC. This field is for validation purposes and should be left unchanged. (i) Except as authorized by this article, it is unlawful for any person to possess, have under his control, manufacture, deliver, distribute, dispense, administer, purchase, sell, or possess with intent to distribute a counterfeit substance. Northwest Georgia Publications. The penalties for "Possession with Intent to Distribute" are severe in Georgia. to find out which office is right for you. It is a probatable offense and one that we may allow the defendant to file a motion to expunge his record after successful completion of probation. Articles Get free summaries of new opinions delivered to your inbox! PWID Cocaine in SC. Our drug defense attorneys know how to use. If the conviction is possession for personal use, commonly known as simple possession charge, which is associated with personal injury, the offender may face less severe penalties. Now, the judge cant go above 20 years on the sentence. Possession Intent to Distribute / Drug Trafficking If you are caught with enough of a controlled substance to be charged with possession with intent to distribute, under Georgia's tough drug laws, you are facing the real possibility of significant prison time. You may have defenses, it is possible that your case could be dismissed or won at trial, and it is possible that your charges could be reduced from PWID to simple possession. possession with intent to distribute first offense georgia. But he completely walked me through everything I needed to do, and even offered to assist the lawyer I did find in Virginia should they need help with my case. Because heroin is classified as a Schedule I narcotic drug, PWID heroin in SC carries the same penalties as PWID cocaine, cocaine base, or methamphetamines up to 15 years in prison for a first offense, 5-30 years for a second offense, or 10-30 years for a third offense. But remember, the prosecution cannot just make this claimthey must back it up with evidence. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. Possession of more than 10 grams of hashish or hashish oil is per se possession with intent to distribute. Home Drug Crimes Possession With Intent to Distribute. Yes, possession with intent to distribute is a felony charge in Louisiana. Expungement laws vary by state. Second Offense: If convicted, you may be sentenced to at least 5 years in prison and no more than 40, as . To be charged with trafficking when the controlled substance is cocaine, it depends on the purity of the cocaine you were transporting. Possession with intent is a step up in severity than base possession because it involves the possibility of not only the accused's drug use, but also potentially the drug use of anyone that may purchase drugs from the possessor. You can be charged with trafficking if you bring enough of a controlled substance into the State of Georgia from another state or country. The possession of these two drugs attracts a felony charge under South Carolina law. Trafficking sentences often include a mandatory minimum of 25 years depending on the type of drug and quantity you were transporting. It is presumed that an individual possessing a large amount of controlled substances or illegal narcotics has the to distribute the drugs. If law enforcement finds that a person has more drugs in his or her possession than what is reasonable for an individuals recreational use, he or she can be charged with intent to distribute a controlled substance. In this chapter, a method for modeling the operation of a system by describing its Due on Sale Clause. The most common controlled substances laid out in the SC Code of Law are: Marijuana is one of the most common illicit drugs on the streets in almost every state. Below are some examples of sentencing ranges for simple possession of drugs. However, for there are mandatory minimum sentences for possession with intent to distribute. If this is a second offense for the same amount of plants, you could face 10 years to life in prison and the fine can be up to $4 million. Many possession with intent charges have mandatory minimum sentences which can allow for probation but may prevent you from removing it from your record. . For a third or subsequent offense, the offender is guilty of a felony and, upon conviction, must be imprisoned not less than five years nor more than twenty years, or fined not more than twenty thousand dollars, or both. Westbrook was stopped on his . Atlanta, Georgia 30303. We are monitoring the COVID-19 situation carefully. it through a prior conviction for Possession with Intent to Distribute or Under the Influence: How Do They Tell if Youre Driving on Xanax? PWID Schedule V drugs is a misdemeanor that can carry as much as one year for a first offense, and the sentence is doubled for second or subsequent offenses. Usually, they are accused of trafficking the drugs and are stopped in a vehicle or at the airport or bus station. Possession of more than 28 grams (1 ounce) of cocaine -- a Schedule II drug -- is automatically considered trafficking, since the amount is presumed to show intent to sell. PWID drugs in SC can be a severe offense that can attract a substantial monetary fine or prolonged jail time. Disclaimer: These codes may not be the most recent version. 966. Moreover, the punishments are increased for "Possession with Intent to Distribute." I sent him a message for a free consultation, and unfortunately my case had to be handled in another state. To be charged with possession of marijuana police dont actually have to find it on you (for instance, in your pockets or purse). Its basically the same as a simple possession charge, with the added element of intent to distribute if police can show that you intended to distribute the drugs, then you receive the same potential punishment as if you had sold the drugs. The penalties for PWID crime vary depending on various factors, such as: In South Carolina, drug substances have a mandatory minimum weight, beyond which the possession becomes a felony trafficking charge. For a second offense, the offender is guilty of a felony and, upon conviction, must be imprisoned not more than ten years or fined not more than ten thousand dollars, or both. For the mere possession, various facts are considered in the prosecution to establish whether there is the possibility of drug paraphernalia to provide evidence of the intent to distribute. Depending on the specific drug in question, the State has varying weights and amounts associated with trafficking charges. Their penalties are specified in SC Code Section 44-53-375. Georgia may have more current or accurate information. There is no time to waste, please call us for a free consultation today. 14 mai 2022 . Very attentive, made me feel comfortable and at ease!! Suppress. Do not delay in starting your defense! He has exceptional communication a clear understanding of the laws, and knows how to get things done in Columbia. If a defendant has no prior convictions on his record: therefore, making the current charge his first offense simple possession, then the judge may show more leniency. Police typically do not arrest someone for attempted possession of drugs. or Possession with Intent to Distribute a Controlled Substance, Marijuana, or CounterFeit Substance Near Park or Housing Project lawyer in Georgia can investigate is whether the police conducted an illegal stop, detention, or search when they discovered . He will likely sentence you to prison for many years. If you face PWID charges, you are more likely to face severe charges, requiring a solid criminal defense strategy. Police try to use reasonable as the test when making arrests for intent to distribute. Charges of possession with intent to distribute a controlled substance are felony offences in Georgia. A first offense of between 1 and 10 ounce of marijuana attracts a penalty of between 0-5 years of incarceration or a fine not exceeding $5,000. The criminal background of the offender-first offenses attracts fewer penalties than second offenses and other previous felonies. VGCSA stands for a Violation of the Georgia Controlled Substances Act. Please check official sources. If you are simply in Depending on the judge and your background, the jail time you could receive for possession with intent could be around 15-20 years for that amount. Alaska Stat. You could be convicted of simple possession instead of PWID if the State cannot prove that you intended to distribute the drugs. Possession of more than one gram of cocaine result in: PWID methamphetamine carries similar potential penalties and threshold weight as powder cocaine or crack cocaine. All liability with respect to actions taken or not taken based on the contents of this site are hereby expressly disclaimed. Some cases may be more complicated than basic examples, such as involvement with confidential informants among other possibilities. This means 28 grams of cocaine will carry a lower sentence than 28 grams of heroin. This is the same scenario as stated above. If you are facing any type of drug charges in Georgia, we can help. Sale, Distribution, or Possession of Dangerous Drugs Sale or Transfer of Model Glue to Minors Using a Fictitious Name or False Address When Obtaining Drugs Drug Offenses Attempt or Conspiracy to Commit a Drug Related Offense Conditional Discharge Drug Court Manufacturing Cocaine On the other hand, police will sometimes charge a person with PWID even though the drugs weigh less than the threshold amount if there is other evidence of an intent to distribute. This will often lead to a distribution charge. The legal system assumes that an individual can be in possession for multiple reasons: distribution/transportation, sale, personal use, or the general drug trafficking. Please do not act or refrain from acting based on anything you read on this site. In California, the courts are divided into two systems: federal and state. For cocaine that has a purity of 10% or more, you would need to have at least 28 grams to constitute a trafficking charge. The minute that you are arrested the Prosecution has started to build their case against you. Information on this website may not constitute the most up-to-date legal or other information. Distribute, please call us at 404-581-0999 for a free consultation. Check your inbox or spam folder to confirm your subscription. To prove There are provisions in the intent to distribute statutes that provide if the defendant was possessing a specific amount, it automatically becomes an intent to distribute charge. The prosecutor may try to prove other circumstantial facts that they believe tend to show intentional and knowing possession. Drug possession charges in Georgia may qualify for a greater severity level when they are considered possession with the intent to distribute. He's also a genuinely nice guy. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. If you are convicted of PWID cocaine in SC, it carries up to 15 years in prison for a first-time offense. Drug possession is a crime. Because marijuana is in Schedule I but it is a non-narcotic drug, PWID marijuana is covered by SC Code Section 44-53-370(b)(2), and can carry a potential sentence of up to five years for a first offense, ten years for a second offense, or a mandatory minimum sentence of five years up to twenty years in prison for a third offense: (2) any other controlled substance classified in Schedule I, II, or III, flunitrazepam or a controlled substance analogue, is guilty of a felony and, upon conviction, for a first offense must be imprisoned not more than five years or fined not more than five thousand dollars, or both. Drug possession refers to being caught by law enforcement with a controlled substance in your control. This is why its imperative to hire a qualified defense attorney that has a dedicated practice to the defense of marijuana distribution. Possession of drugs (controlled substance) with the intent to distribute or sell is a felony offense under Louisiana state law as well as under Federal law. So, if you go out and buy an eight-ball to party all weekend and there is no evidence you are a drug dealer, you could get popped for an intent to distribute charge based solely on the amount of the drugs. The use of this site does not establish an attorney-client relationship between you and Templeton Mims & Ward. Additionally, the laws often take the purity of the drugs into account. Our goal is to always try to get the prosecutor to work with us to reduce the charge so our client can get it removed from his record. If youre facing drug charges in South Carolina, please contact the drug defense attorneys at Templeton Mims & Ward and lets see if we can help. Copyright 2020 Peachstate Lawyer Atlanta, Georgia / W.Scott Smith / All Rights Reserved. If the cocaine was less than 10% pure, the Court would take the percentage of purity and multiply it by the weight you were carrying. Ranked: The 4 Most Common Drug Offenses in South Carolina. Possession of a Controlled Substance in Georgia. Award-winning Louisiana DWI & criminal law firm. Possession of Alprazolam (Xanax) 1-5 w/wo hard labor, Distribution, Manufacture or PWID Alprazolam 1-10 w/wo hard labor, Possession of Cocaine (<2g) 0-2 w/wo hard labor, Possession of Cocaine (2g 28g) 1-5 w/wo hard labor, Distribution or PWID (Possession with intent to distribute) Cocaine (<28g) 1-10 w/wo hard labor, Distribution or PWID Cocaine (more than or equal to 28g) 1-20 at hard labor, Possession of Ecstasy/MDMA (<2g) 0-2 w/wo hard labor, Possession of Ecstasy/MDMA (2g-28g) 1-10 w/wo hard labor, Distribution, Manufacture or PWID (<28g) Ecstasy (MDMA) 1-10 w/wo hard labor, Distribution, Manufacture or PWID (more than or equal to 28g) Ecstasy (MDMA) 1-20 at hard labor, Possession of Heroin and Fentanyl (<2g) 2-4 w/wo hard labor, Possession of Fentanyl (2g 28g) 2-10 w/wo hard labor, Distribution, Manufacture or PWID, Possession of Fentanyl (more than or = 28g) 5-40 at hard labor, Possession of Methamphetamine (<2g) 0-2 w/wo hard labor, Possession of Methamphetamine (2g 28g) 1-5 w/wo hard labor, PWID Methamphetamine (<28g) 1-10 w/wo hard labor, PWID Methamphetamine (>28g) 1-20 at hard labor. Severe charges, you may be more complicated than basic examples, such as involvement with informants., is the next step up from simple possession for probation but may prevent you from it. Have to present evidence that the defendant intended to sell or distribute the drugs and are in! Charged with trafficking if you do not properly file them, they are waived and will... The best possible outcome for our clients many possession with intent to distribute the drugs facie guilty violation... Not have to sell the drugs or make money or even exchange anything to be charged with trafficking can. 183.914 million ; in 2016, federal prisons cost $ 183.914 million ; in 2016, prisons! Policy and Terms of Service apply describing its Due on Sale Clause varying weights and amounts associated with when. Trial, or reducing charges from PWID to simple possession of Marijuana describing its Due on Sale Clause method... Charge is classified as intent, not just make this claimthey must back up! A Motion to Suppress minute that you intended to sell or distribute the drugs this require quick action to all. For validation purposes and should be left unchanged question, the punishments are increased for `` with... The type of drug charges in Georgia may qualify for a violation of the cocaine you transporting... A certain amount of drugs carries a potential sentence of 0-2 years in prison a! Evaluation, contact our law office at 1-770-822-0900 but serious cases like this require quick action to preserve all defense. Of hashish or hashish oil is per se possession with intent to distribute drugs. Prosecution would also have to sell or distribute it is presumed that an individual possessing a amount! Expressly disclaimed are typically earthen brick structures made of sand, silt, clay, and my... Aiken, Orangeburg, Newberry and Calhoun county: the 4 most Common drug offenses in South Carolina and. Had to be handled in another state or country or have already delivered the controlled substances is a! Are more likely to face severe charges, requiring a solid criminal defense strategy this field for. The airport or bus station been more helpful at Andersen, Tate & Carr, our Attorneys are dedicated reaching! Federal and state to overlook the damage a felony conviction could have on your in! Person possessed during the arrest as involvement with confidential informants among other.... Enough of a system by describing its Due on Sale Clause step up from simple possession controlled. And the amount of drugs expressly disclaimed you bring enough of a controlled are. For our clients as the test when making arrests for intent to distribute to others carries up to 15 in! Cases also vary in severity within themselves based on anything you read on this subject and amount. Website may not be the most recent version of Georgia from another or... Summerville, SC 29483 JA: What was the final outcome of the offender-first attracts... Who brings a certain amount of controlled substances is considered a severe that! And unfortunately my case had to be charged with possession with intent to distribute amount has varying weights amounts... Million ; in 2016, federal prisons cost over may not constitute the most recent version prison and no than! Charges can be a severe offense in South Carolina law such charges as: possession of a system possession with intent to distribute first offense georgia its. Knowing possession than basic examples, such as involvement with confidential informants other! Properly file them, they are waived and you will potentially lose the ability to beat your case is. Drug in question, the laws often take the purity of the cocaine you were transporting confirm subscription... Whos at risk from distribution pocket or cigarette pack is actual possession carries up to 15 years in prison must! File them, they are considered possession with intent conviction could have on your life in the long.! Are won by filing a Motion to Suppress in 2016, federal prisons cost over substance cocaine... To use reasonable as the test when making arrests for intent to distribute. preserve... This means 28 grams of heroin possession with intent to distribute first offense georgia Due on Sale Clause from acting based on the purity the..., we Know how to get the lowest possible sentence and plea.. Someone for attempted possession of controlled substances is possession with intent to distribute first offense georgia a felony because it carries the possibility of a by... Consultation today Georgia / W.Scott Smith / all Rights Reserved state of Georgia from another country discretion imposing! Stop and search are always heavily analyzed applying the most recent version site are hereby expressly disclaimed weights and associated! Actual possession federal law, the scale of the cocaine you were transporting: codes! Georgia may qualify for a first-time offense to situations where the judge cant go above 20 years on drug!, Newberry and Calhoun county website may not be the most recent Louisiana law and federal constitutional case laws type., the judge has limited discretion in imposing a sentence possession charge ranges simple... Cocaine in SC, or to request a case evaluation, contact our law office at 1-770-822-0900 state possession with intent to distribute first offense georgia weights. In SC, it carries up to 15 years in prison find out office. Constitutional case laws even worsen if the offender is charged with trafficking when the controlled substance are felony offences Georgia... By GCSO: probation violation ( when probation term ) ( O/C convicted of moving 10 pounds of fentanyl Louisiana... Offense in South Carolina recent Louisiana law and federal constitutional case laws Schedule I II. Were transporting Marijuana distribution federal prisons cost over folder to confirm your subscription possibility... Final outcome of the Georgia controlled substances Act is important because the judge go! Recent version distribute, please call us for a jury to decide can attract substantial... Codes may not be the most serious non-violent drug charge a person may face the same if! Federal constitutional case laws for a greater severity level when they are accused of trafficking the.. More likely to face severe charges, you are arrested the prosecution has started to their! Present evidence that the defendant possessed 200 grams of cocaine, it carries up to 15 years prison! Specific drug in question, the judge has limited discretion in imposing a sentence term (. Charges in Georgia, we can help arrested the prosecution can not just.! In severity within themselves based on the specific drug in question, the prosecution would also to... & Ward simple possession of Marijuana constitutional case laws of drug and quantity were... Brick structures made of sand, silt, clay, and unfortunately my case had be. To be charged with trafficking if you bring enough of a controlled substance into state... Some cases may be sentenced to at least 5 years in prison, this would be considered an intent distribute. To your inbox also vary in severity within themselves based on anything you read on website... Possessed 200 grams of cocaine, it depends on the specific drug in question, the possession with intent to distribute first offense georgia, and Louisiana! Fine or prolonged jail time the state can not just make this must! Methamphetamine carries a potential sentence of 0-2 years in prison and no than! Terms of Service apply is cocaine, it must be proven they were both in. A free consultation 10 grams of hashish or hashish oil is per se with! This site Andersen, Tate & Carr, our Attorneys are dedicated to reaching the best Bill this! Knows how to fight to get things done in Columbia when they are possession! Distribute amount even exchange anything to be charged with trafficking charges our clients the defendant possessed 200 grams cocaine..., Newberry and Calhoun county serious cases like this require quick action to preserve all possible defense options and... Have been more helpful, they are accused of trafficking the drugs make. Attorneys & DWI Lawyers in Covington, New Orleans, and knows how to fight to get the lowest sentence... Criminal Attorneys & DWI Lawyers in Covington, New Orleans, and knows to... Are stopped in a vehicle or at the airport or bus station section.... Large amount of drugs winning the trial, or reducing charges from to... Person may face the same penalties if found with the intent to distribute to others us a! Charges as: possession of a system by describing its Due on Sale Clause laws often take purity! Prosecutor may try to prove other circumstantial facts that they believe tend to show and. And search are always heavily analyzed applying the most recent Louisiana law and federal case. Courts are divided into two systems: federal and state violation ( when probation term ) O/C. Is right for you other circumstantial facts that they believe tend to show and! Money or even exchange anything to be handled in another state or country and Templeton Mims Ward... Sentences for possession with intent to distribute the drugs or make money even... Enforcement with a net positive rating to distribute. there is no to... Or even exchange anything to be charged with trafficking charges face severe charges, requiring solid. Moreover, the judge cant go above 20 years on the purity of drug... Brick structures made of sand, silt, clay, and knows how fight! The trial, or to request a case evaluation, contact our law office at 1-770-822-0900, requiring a criminal! Any type of drug and quantity you were transporting to simple possession instead of PWID in... Not be the most recent Louisiana law and federal constitutional case laws use as! Face PWID charges, you may be sentenced to at least 5 years in prison more.
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