The Circumstances of Your Arrest Could Dictate the Type of Drug Charges You Face

While many of those who are arrested for drug crimes in Cobb County, Georgia are hopeful that the state will pursue the least serious charges possible, this is often not the case. In fact, the standard practice of most prosecutors is to file the most severe charges possible, or to charge a defendant with numerous offenses, all stemming from the precipitating event. The exact circumstances of an arrest could also dictate the kinds of offenses with which a person is charged. Depending on the evidence found at the scene of the alleged crime, for example, someone accused of drug possession could find him or herself charged with possession with the intent to distribute or even drug trafficking, both of which have far more serious penalties than simple possession.

Circumstances of Arrest 

Where an arrest for a drug crime occurs can dictate the type of offense with which a person is charged. Accusations of possession of a controlled substance with the intent to distribute, for instance, are more likely to follow arrests that occur after traffic stops or when the drugs are actually discovered at the accused’s residence. Actual trafficking charges, on the other hand, will likely be levied if an arrest occurs mid-drug sale or while someone is actively transporting a large amount of an illegal substance.

Weight and Type of Substance Discovered Upon Arrest 

One of the details of an arrest that prosecutors will look at most closely when deciding what charges to bring in a particular case is the weight of the substance. Generally, as the overall weight of the illegal substance found at the scene increases, the likelihood of trafficking charges being raised also goes up. The schedule classification of the drugs obtained at the scene of arrest, as well as their purity, will also be taken into account by prosecutors when deciding on the severity of what drug charges to bring.

A Defendant’s Prior Criminal History 

It isn’t only the circumstances of a particular arrest that end up affecting the kinds of criminal charges that a person faces. For instance, someone’s prior criminal record can play a significant role in whether or not the state believes that a person is guilty of possession, was intending to sell the substance in question, or was actively engaged in distribution. Prior criminal records can also come into play for those accused of federal drug crimes, as certain offenses require minimum sentences for repeat offenders.

Are  You Facing Drug Possession Charges in Cobb County? 

If you were arrested for a drug crime in Georgia, you will need help responding to those allegations. Furthermore, having a thorough understanding of why prosecutors choose to charge individuals with certain offenses can influence defense strategy, which is why those accused of drug crimes are encouraged to start working with an attorney as soon as possible after their arrest. For help defending yourself against the drug charges levied against you, please call experienced Cobb County drug crime lawyer Andrew L. Schwartz, P.C. or reach out to our legal team online today.

Sources:

 clery.emory.edu/policies/penalties.html

deadiversion.usdoj.gov/schedules/orangebook/c_cs_alpha.pdf