Drug Offenses
Possession of Marijuana is the most common misdemeanor drug offense. The fight to legalize marijuana hasn’t made much progress in Georgia. Possession of less than one ounce of pot/weed etc. is still a crime that is aggressively prosecuted. Jail recommendations are common for repeat offenders and in rural areas of Georgia, jail-time is common for even first offenders. Criminal convictions, even for marijuana possessions can still cause big troubles with immigration, employment, lending and public benefits. If you travel to foreign countries, especially Canada, misdemeanor drug convictions can cause huge problems.
The good news is that we can resolve most cases with no conviction and no criminal record. Pre-trial Diversion programs are now common and there are special “first offender” provisions of the Georgia Code that keep criminal convictions off your record.
We aggressively fight marijuana possession cases. To get a conviction, the Government must prove that you had “knowledge” and “control” of the controlled substance. Its not enough to show that you were just nearby to contraband or just in close proximity to contraband. The law says that “mere special proximity to contraband” is not enough for a conviction.
Additionally, the Government must prove that the seizure of the drugs was legal. Motions to Dismiss for illegal searches and seizures are regularly filed and litigated in drug possession cases.
