3 Situations That Could Result in Georgia Drug Trafficking Charges
In Georgia, when a person is found in possession of a certain amount of a controlled substance, he or she could face more than just charges of drug possession, but could also be accused of drug trafficking. This is an important distinction because trafficking charges come with much harsher penalties, including up to 30 years imprisonment. Below we’ve included a few of the most common scenarios that lead to the levying of drug trafficking charges in Georgia.
Found in Possession of an Amount Deemed Too Much for Personal Use
Those who are accused of drug possession in Georgia are assumed to be in possession of the illegal substance for the purposes of personal use. When the amount of the substance in question, however, is particularly large, or the person is found with a wide variety of drugs, then the state could decide to pursue drug trafficking charges instead. In many cases, the sheer amount of a substance is enough for a court to justify these accusations, even when there is no other evidence that the drugs were being sold, distributed, or transported.
Drugs are Transported Across State Lines
Another situation that can lead to drug trafficking charges in Georgia occurs when a person is found in possession of a controlled substance that has been taken across state lines. This is because selling an illegal substance isn’t the only prohibition that falls under drug trafficking laws. In Georgia, a person can be charged with this offense for transporting or delivering an illegal substance, so if law enforcement find a vehicle that is carrying drugs from one city to another, or across state boundaries, he or she could face drug trafficking charges.
Other Evidence of the Sale or Manufacture of Illegal Substances
The definition of drug trafficking in Georgia is extremely broad and includes not only selling, transporting, and distributing illegal substances, but also manufacturing. As a result, if law enforcement finds evidence that supports any of these activities, the state can file charges of drug trafficking. Evidence that could be used to support these kinds of accusations includes everything from finding packaging materials and scales to discovering large amounts of cash. Even text messages and social media posts can be used by prosecutors as evidence when bringing these types of charges against the accused.
Defenses to Drug Trafficking Charges
Being charged with drug trafficking or another drug crime doesn’t mean that a person will automatically be convicted. Instead, defendants have the right to raise a strong defense on their own behalf. This could include arguing that they were the victim of entrapment, or convinced by law enforcement to commit a crime, or that they were the victim of an unlawful search or seizure. Misidentification and mistaken identity could also be used to help avoid an unfair conviction.
Call Today for Help with Your Defense
If you or a loved one have been accused of a drug crime in Georgia, you could benefit from the assistance of skilled Cobb County drug trafficking lawyer Andrew L. Schwartz, P.C. Please call 678-853-2500 for an evaluation of your legal options today.
Source:
law.justia.com/codes/georgia/2010/title-16/chapter-13/article-2/16-13-31
