If you’ve been charged with possession in Georgia, it can be overwhelming and uncertain. A conviction can have serious consequences, affecting your future. However, a charge is not the same as a conviction. There are several legal strategies to fight these charges. Wondering, how to beat a possession charge in Georgia?
To beat a possession charge in Georgia you should understand the specific details of your case and the laws that apply. This might involve hiring a local attorney, challenging the legality of the stop, search, or seizure that led to the discovery of the controlled substance, or questioning the ownership and intent related to the possession.
Each case is unique, and a tailored defense strategy that addresses the specific circumstances and evidence in the case is crucial. This is where you will need an experienced attorney. This guide outlines the essential steps and legal defenses that can potentially be used to challenge and beat a possession charge in Georgia. Keep reading!
How to Beat a Simple Possession Charge?
To beat a simple possession charge, challenge the legality of the search or arrest, or prove insufficient evidence of possession. Consulting an experienced attorney can help identify key defenses based on your case.
Marietta, while under the jurisdiction of Georgia state laws, also has its own law enforcement practices and court considerations. To beat possession charges in Georgia, consider the following specific strategies:
1. Challenge the Legal Basis of the Stop or Search
Illegal Search and Seizure
If the police searched you or your property without a valid warrant or probable cause, you may be able to assert that the evidence obtained from that search is inadmissible. This is based on the Fourth Amendment to the US Constitution, which protects against unreasonable searches and seizures.
Challenge the Search Warrant Affidavit
Review the affidavit supporting the search warrant for any errors, omissions, or false statements. Georgia Law § 16-13-49 outlines the requirements for a valid search warrant and affidavit.
2. Question the Evidence
Proving Possession
The prosecution must prove you had control over the substance. If it was found in a place accessible to others, your lawyer might argue that you were not in possession of it.
Challenge the Drug Testing Methods
If the drug testing methods were unreliable or contaminated, challenge the evidence.
Show Lack of Intent
If you didn’t intend to possess or distribute the substance, argue that possession was accidental or temporary.
Temporary Possession
If you were holding the substance temporarily and had no intention of exercising control over it, argue that you didn’t possess it as defined by Georgia law.
Challenge the Authentication of Evidence
Verify that the evidence presented is genuine and hasn’t been tampered with. Identify any procedural mistakes made by the police or prosecution, such as mishandling or improper storage of evidence. This is supported by the Georgia Law § 17-17-1.
File a Motion to Dismiss
If the prosecution lacks sufficient evidence or fails to meet procedural requirements, file a motion to dismiss the charges. Georgia Law § 17-5-21 permits the filing of a motion to dismiss based on insufficient evidence.
Challenge the Weight and Measurement
If the substance’s weight or measurement is disputed, challenge the evidence.
3. Prove Lack of Knowledge
If you didn’t know the substance was illegal or didn’t know it was present, argue that you lacked the requisite knowledge to be guilty of possession.
4. Prove Medical Use
If you are charged with possession of a prescription drug, presenting a valid prescription can be a complete defense.
5. Diversion Programs For First Offense Felony Possession Georgia
If you are charged with first offense felony possession, Georgia according to law § 16-13-2, offers diversion programs that, if successfully completed, can result in the charge being dropped. These programs often include drug education classes, community service, and regular drug testing.
6. Miranda Rights Violation
If you were interrogated without being read your Miranda rights, statements made during that time can be excluded. This also means a violation of the Fifth Amendment which is the right to remain silent and the Sixth Amendment which is the right to have a legal representation.
7. Negotiate a Plea Deal
Depending on the circumstances, negotiate a reduced charge or sentence with the prosecution supported by Georgia Law § 17-7-1. You can ask your attorney to help you with affidavit to drop charges in Georgia.
8. Discredit Witnesses
If the prosecution’s witnesses have credibility issues or contradictory statements, challenge their testimony. According to Georgia Law § 24-6-602, a witness can stay silent until and unless there is sufficient evidence to support it.
9. Assert Entrapment
If the police induced you to commit a crime you wouldn’t have otherwise committed, argue entrapment supported by Georgia Law § 16-13-28, which defines entrapment and provides a defense to possession charges.
Some examples of entrapment include:
- A police informant repeatedly asking you to buy drugs until you finally agree
- A police officer posing as a drug dealer and convincing you to purchase drugs from them
- A police officer or informant using threats or promises to induce you to commit a crime
Keep in mind that entrapment can be a complex defense to assert, and the TT Attorney is here to determine if this defense applies to your case.
10. Highlight Prosecutorial Misconduct
Research the arresting officer’s history for any instances of misconduct, falsified reports, or biased behavior. If the prosecution engaged in misconduct, such as withholding evidence or making false statements, challenge their actions supported by Georgia Law § 17-7-1.
11. Hire a Competent Attorney
An attorney familiar with local Marietta laws and court tendencies like TT Attorney can be invaluable. We can navigate the nuances of local practices and identify the best strategies based on recent case outcomes.
How to Beat a Possession with Intent Charge?
If you’re charged with possession with intent to distribute in Georgia, take immediate action. Stay silent, hire an experienced attorney, understand your charges, gather evidence, and work on a strong defense strategy with your lawyer. Remember, a charge isn’t a conviction, and having a skilled attorney can protect your rights and minimize the impact of the charges.
What to do if charged with a 1st time offense of possession of weed in Georgia?
If charged with a first-time offense of weed possession in Georgia, you should consult an attorney to explore options like pretrial diversion or conditional discharge, which may help avoid a conviction. Penalties vary depending on the amount, with less than 1 oz typically treated as a misdemeanor, potentially resulting in fines, community service, or probation.
Expert TT Attorney Is Here For You!
With unmatched expertise and a deep understanding of possession cases, we ensure your rights are protected every step of the way. Trust in our dedication and proven track record to navigate the legal complexities, providing you with the best possible defense in Marietta. Your peace of mind is our priority.
