If you have been found in possession of drugs in Georgia, whether it is for personal use or for distribution, you could be in for serious jail time. Each state takes a different stance on drugs but federal guidelines are by far the most severe. You need to contact a Peachtree City criminal defense attorney as soon as, possible because you need to start discussing which defense best fits your situation.
Even though each state has their own approach to drug sentencing, drug possession defenses tend to have common elements.
A few of the most well known drug possession defenses in Georgia include:
- Entrapment – Police are allowed to set up sting operations but they are not allowed to induce you to commit a crime you were not planning on doing already. As a general rule, if the state provides you with the drugs in question then it is probably entrapment.
- Planted evidence – A police officer’s testimony is extremely persuasive in court so this will be a hard defense to prove. Plus, even if it is true, police officers are notoriously reluctant to inform on other police officers.
- Crime lab analysis – This requires the police to prove that the substance they think is a drug is indeed a drug. It must go to a crime lab for testing and then the lab tech has to show up for court to testify before the case is made.
- Drugs don’t belong to you – Ownership can be especially difficult to prove. If you deny any knowledge or ownership of the drug then it is up to the prosecution to prove it is yours.
- Unlawful search – This is prevented by the fourth amendment of the US Constitution. Police have to be very careful to stick to the letter of a search warrant and if they force their way into a place like a car trunk without permission then the suspect’s fourth amendment rights will have been violated.
If you’ve been charged with drug possession in GA call Slepian, Schwartz & Landgaard. Our Peachtree City criminal defense attorney could help you beat your charge!