Smyrna Drug Crime Lawyer
While drugs are illegal, the truth is that many people use them, whether it’s marijuana or something else. However, any amount of marijuana is not legal in Georgia. It is punished harshly, as possession of over 1 ounce of marijuana is a felony. It is punishable by 1-10 years in prison.
Any type of drug crime, whether it be possession, sale, transportation, manufacturing, or drug trafficking and distribution, will be punished to the fullest extent of the law. You could face felony charges and many years in prison. As you can see, there is a lot at stake.
If you have been accused of a drug crime, you need aggressive representation as soon as possible. Don’t delay. Contact Smyrna drug crimes lawyer Andrew L. Schwartz, P.C. to defend your case and protect your legal rights.
Drug Possession Defenses
A drug possession charge can be frightening, especially if it is a felony charge. You may feel like your life is over. Don’t despair. The good news is that there are defenses to drug possession charges. They include:
- Claiming the drugs belong to someone else. The most common defense against any criminal charge is that you didn’t do it. In drug cases, if you say that you didn’t do it, you’re saying the drugs in question belong to someone else. So if the police see drugs on the floor of your car, you can claim that the drugs belonged to a previous passenger and that you were entirely unaware that they were in your vehicle.
- Unlawful search and seizure. The Fourth Amendment of the Constitution protects against unwarranted searches and seizures. If the police discover illegal drugs in “plain view,” those drugs can be used as evidence. However, drugs that are not in plain view and that are discovered by the police without a warrant or permission usually cannot be used as evidence.
- The alleged illicit substance is not actually a drug. Any substance can be mistaken for a drug. A white powdery substance may look like cocaine. Oregano can be mistaken for marijuana. Just because something looks like an illegal drug does not mean that it is. The state must prove that the substance seized by police is, in fact, an illegal drug. Proving this requires a laboratory analysis.
- Showing that the accused is the victim of entrapment. While the law allows police agencies to conduct “sting” operations, police officers cannot lure or coerce someone into committing a crime that they otherwise would not have committed. Entrapment is rare, but it does happen, and it is likely because law enforcement officers provided the drugs in the first place.
Contact Andrew L. Schwartz, P.C. Today
Drug charges are often pursued to the fullest extent of the law. You need the right legal help on your side to fight these charges.
For experience you can trust, contact Andrew L. Schwartz, P.C. He is a former prosecutor well-equipped with the criminal defense experience and reputation necessary for success in the courtroom. To schedule a consultation with an experienced Smyrna drug crimes lawyer today, call (678) 853-2500.
