Category Archives: Drug Crimes
How a Lack of “Reasonable Suspicion” Can Affect Your Georgia Drug Case
A police officer is free to approach any person and ask them questions–including consent to search their property–without necessarily suspecting that person of a crime. So long as the officer does not detain the person and they are free to walk away without penalty, that is what courts consider a “first-tier encounter” not subject… Read More »
Can the Police Search Your Hotel Room After Your Checkout Time?
You probably know that in most cases, the police cannot search your home without either your consent or a warrant. This same principle applies to any place where you have a “reasonable expectation of privacy.” For example, if you rent a hotel room, you have a reasonable expectation of privacy within that room for… Read More »
How Does “Recidivist” Sentencing in Georgia Work?
A felony conviction in Georgia always carries the possibility of significant jail time. This is especially true if you have any prior felony convictions on your record, because Georgia’s “recidivist sentencing” laws apply to any subsequent convictions. Basically, the recidivist sentencing law provides that if you have a prior felony conviction, you must receive… Read More »
Does Selling Painkillers Prove You Belong to a Criminal Gang in Georgia?
Georgia prosecutors often pursue multiple criminal charges against individuals suspected of dealing controlled substances. This includes not just illegal street drugs like marijuana and cocaine, but also highly addictive prescription medications such as Percocet, a combination of acetaminophen and oxycodone. In some cases, the state may even argue that buying or selling such drugs… Read More »
Is Being in the “Presence” of Drugs a Crime in Georgia?
You probably know that it is against the law in Georgia to possess certain controlled substances, such as marijuana or methamphetamine. But what exactly does “possession” mean? Obviously, if a police officer finds drugs on your person during a lawful search, that is evidence of actual possession. Yet Georgia law also permits a jury… Read More »
Can I Refuse a Police Search If I’m on Probation?
The Fourth Amendment to the U.S. Constitution normally protects a person’s right to be free from “unreasonable search and seizures.” This means that, absent certain exceptions recognized by the courts, the police must first obtain a warrant before searching you or your property without your consent. Such a warrant requires a magistrate to find… Read More »
Can You Challenge the Legality of a Traffic Stop or Drug Arrest in Georgia?
Drug crime prosecutions often begin with a traffic stop. A police officer pulls a driver over for committing a routine traffic infraction. But the officer then suspects there may be other criminal activity afoot. For example, the officer may smell marijuana smoke or alcohol and suspect the driver is intoxicated or in possession of… Read More »
Drugs Were Found in My House: How Do I Prove They Are Not Mine?
Drug possession is a serious crime in Georgia, and the consequences of a conviction can be severe. But what happens when drugs are found in your house, and you are certain that they are not yours? In this situation, you need to understand what constructive possession is and how you can prove that the… Read More »
How Are Georgia Drug Possession Sentences Determined?
There is never a good scenario when it comes to possessing illegal drugs and encountering the police. When a controlled substance is in your possession and you are stopped by the police, you are going to be arrested. The penalties for drug possession can vary though and there are specific factors that will go… Read More »
How Jeff Sessions’ Decision on Marijuana Could Affect Georgians
The federal government has, at least once, claimed that marijuana has no medical benefit. Studies have shown otherwise. A father in Georgia has filed a lawsuit against the federal government, namely Attorney General Jeff Sessions, alleging that the government’s classification as marijuana as a Schedule I substance is preventing some who need it from… Read More »