DRUG CRIMES

Atlanta Criminal Drug Defense Attorney

In Georgia, it is unlawful for any person to purchase, possess, manufacture, deliver, distribute, sell, or possess with intent to distribute any controlled substance or marijuana. Some example of controlled substances include:

The maximum penalties for possession or intent to the sale of a controlled substance depend on the classification of the drug. In Georgia, controlled substances are classified as a level one, two, three, four, or five drugs, with a classification of level one being the worst possible classification.

Marijuana is not treated the same. The maximum penalty for possession of less than one ounce of marijuana is a thousand dollar fine and one year in jail. However, possession of marijuana with the intent to sell will get a person a much greater sentence.

 

2017 Update

In 2017, The City of Atlanta passed a law that decriminalized possession of Marijuana under an ounce. However, This law only applies to the City of Atlanta. 

If you are charged with possession or intent to sell marijuana or any controlled substance, it is important that you immediately contact an attorney to ensure that the attorney has ample opportunity to investigate your case. Attorney Gil will work tirelessly on your behalf to protect your rights under the law.

    • Crack

    • Cocaine

    • Ecstasy

    • Heroin and

    • Methamphetamine

Legal Stop?

If a person is is arrested for a drug crime doing a traffic stop, the prosecution must prove that the initial stop was legal in order to get a criminal conviction. The 4th Amendment of the US Constitution guarantees every person the right to be secure. This means that a police officer cannot stop a person without a valid reason. ​​The 4th Amendment of the United States Constitution protects a person from unreasonable searches and seizures by the government. However, there are numerous exceptions to this rule:

  • Exigent circumstances

  • Search Incident to arrest

  • Consent

  • Automobile rule

  • Probable cause

  • Execution of administrative search

  • Stop and frisk

The number one reason that a police officer justices its stop and search is consent. Most individuals are intimidated when a police officer comes up to them and requests to speak with them. Society tells us that the right thing to do is to comply with an officer's request. However, consensual stops and searches lead to most arrests involving drugs. If an officer asks to speak to you and does not want to comply, you cannot be forced to unless the officer has a valid reason.

Legal Arrest?

If you believe that your rights were abused prior to your search or arrest, contact Attorney Gil to discuss any possible defenses to your drug charge. Our practice has the experience you need to challenge the search or arrest as unconstitutional. We will seek to have any evidence seized based on an unconstitutional stop or arrest. 

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Please describe your situation and let me know how I can help. 

3355 Lenox Road, NE

Suite 750

Atlanta, GA 30326

Email: Gsperling@gilbertsperling.com

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