Understanding the most effective defenses available is crucial when facing drug possession charges in Georgia. To learn more and secure skilled legal representation, continue reading and consult with a knowledgeable Atlanta drug crime lawyer today.

What Are Georgia’s Drug Laws?

Under the Official Code of Georgia Annotated § 16-13-30, “…it is unlawful for any person to purchase, possess, or have under his or her control any controlled substance.”

If you are caught in violation of this law, you could face either misdemeanor or felony charges. The quantity of drugs in your possession plays a significant role in determining whether you will be charged with a misdemeanor or a felony. Regardless, you could be penalized by a term of imprisonment and/or substantial fines. Because the consequences of a conviction can be severe, it is imperative that you understand the defenses available to you.

What Are Some Effective Defenses Against Drug Possession Charges?

Below are some of the most effective defenses to fight drug possession charges. Depending on the details of your situation, one or more may apply to your case. Consider the following.

  1. Illegal search and seizure: The Fourth Amendment protects individuals from unlawful searches and seizures of property. If law enforcement found drugs without a valid search warrant, probable cause, or your consent, the evidence collected could be considered inadmissible in court, which could result in a dismissal of the case or at least hinder the prosecution’s argument.
  2. Lack of knowledge or control: To make a possession charge stick, the prosecution must prove that you had knowledge of the drugs, intent to possess them, and the ability to exercise control over them. If the drugs were found in a shared vehicle or space, or they could have been planted there or left behind by a friend, you may be able to argue that you were unaware of the substance.
  3. Chain of custody errors: If the evidence collected is not handled properly after being submitted, it can be challenged in court. Samples could have been tampered with or contaminated, evidence could have gone missing, etc. This can be an effective defensive strategy.
  4. Inaccurate lab results: You could challenge the crime lab analysis that determined that the substance was an illicit drug. Depending on the circumstances, you may be able to claim inaccuracies, mistakes, or faulty equipment.
  5. Medical necessity: You could claim that the possession or use of the drugs is a medical necessity. For example, recreational use of marijuana is illegal in Georgia, but certain individuals can qualify to legally possess certain amounts to treat illnesses if approved by a physician. If you can prove that you were permitted for medical reasons it could be an effective defense.
  6. Entrapment or coercion: Entrapment occurs when law enforcement or a government official convinces a person to commit a crime they wouldnt otherwise commit, and coercion involves the use of threats or force to compel someone to act. If either of these tactics were used to get you to commit the crime, it could be a valid defensive tactic.

For more information, contact an experienced attorney at Williamson Legal today.