Just because the police find drugs in your pocket, in your house, or in your car does not automatically mean you can be convicted of a drug offense. Did the police have a right to pat you down in the first place? Was there a legitimate reason for your car to be pulled over by police? Was the search of your person, your car, your home or your motel room legal? If the answer to any of these questions is “no,” then whatever was found cannot be used in Court to convict you. Atlanta drug lawyer Andrew Margolis knows your rights and will tirelessly fight to keep any evidence the police obtained illegally from being used in your case.

Drug Defense is a large part of our criminal defense practice at The Margolis Legal Group, P.C. There are three main classifications of drug offenses in Georgia: Possession, Possession with Intent to Distribute, and Trafficking. The minimum and maximum penalties for these offenses will depend on the type of drug involved, the quantity of the drug involved, and a person’s prior criminal history. The following is a summary of the most commonly charged drug offenses in Georgia:

Possession (commonly called ‘Simple Possession’):

Marijuana- Possession of less than an ounce of marijuana is a misdemeanor punishable by up to twelve (12) months in jail. Possession of more than an ounce of marijuana is a felony punishable by one (1) to ten (10) years in prison for a first offense.

Heroin (and other Schedule I drugs), Cocaine, Methamphetamine (and other Schedule II drugs): Possession of these drugs is a felony punishable by two (2) to fifteen (15) years in prison for a first offense, and five (5) to thirty (30) years in prison for a second or subsequent offense.

Hydrocodone (and other Schedule III drugs), Alprazolam, commonly known as Xanax (and other Schedule IV drugs): Possession of these drugs is felony punishable by one (1) to five (5) years in prison for a first offense, and one (1) to ten (10) years in prison for a second or subsequent offense.

Possession With Intent to Distribute:

Marijuana- Possession of marijuana with intent to distribute is a felony punishable by one (1) to ten (10) years in prison.

Heroin (and other Schedule I drugs), Cocaine, Methamphetamine (and other Schedule II drugs): Possession of these drugs with intent to distribute is a felony punishable by five (5) to thirty (30) years in prison for a first offense, and ten (10) to forty (40) years or life in prison for a second or subsequent offense.

Hydrocodone (and other Schedule III drugs), Alprazolam, commonly known as Xanax (and other Schedule IV drugs): Possession of these drugs with intent to distribute is a felony punishable by one (1) to ten (10) years in prison.

Trafficking:

Marijuana: Possession of more than ten (10) pounds of marijuana will be charged as trafficking. Trafficking in marijuana is a felony, the maximum punishment for which is thirty (30) years in prison. The mandatory minimum sentence will depend on the quantity of marijuana involved. For quantities of more than ten (10) and less than 2,000 pounds, the minimum sentence is five (5) years in prison. For quantities of more than 2,000 pounds but less than 10,000 pounds, the minimum sentence is seven (7) years in prison. For quantities of more than 10,000 pounds the minimum sentence is fifteen (15) years in prison.

Cocaine, Methamphetamine: Possession of more than 28 grams (approximately an ounce) of these drugs will be charged as trafficking. Trafficking in cocaine or methamphetamine is a felony, the maximum punishment for which is thirty (30) years in prison. The mandatory minimum sentence will depend on the quantity of drug involved. For quantities of more than 28 but less than 200 grams, the minimum sentence is ten (10) years in prison. For quantities of more than 200 but less than 400 grams, the minimum sentence is fifteen (15) years in prison. For quantities of more than 400 grams, the minimum sentence is twenty-five (25) years in prison.

To successfully defend a drug case, your Atlanta drug lawyer must have expert knowledge of the law surrounding unlawful search and seizure and the 4th Amendment. Andrew B. Margolis has handled hundreds of cases involving these issues for clients in Atlanta and throughout Georgia. He also aggressively and successfully defends cases involving controlled buys or “stings” with confidential informants or undercover law enforcement officers. Remember, an arrest for a drug related offense does not automatically have to result in a conviction. Call The Margolis Legal Group, P.C. for help with your drug case and to talk to an aggressive Atlanta drug lawyer today.