Facing Heroin Charges in Georgia? What the State Must Prove—and How to Defend Yourself

Being charged with heroin possession or distribution in Georgia is a serious matter that can carry harsh penalties, including prison time, steep fines, and a permanent criminal record. If you’ve been arrested on heroin-related charges, you may feel like your case is hopeless—but the law requires prosecutors to meet a strict burden of proof before you can be convicted.

At The Spizman Firm, our Atlanta Criminal Defense Attorneys know how to challenge weak evidence, protect your rights, and fight for your freedom. Here’s what prosecutors must prove in a Georgia heroin case—and what you can do to defend yourself.

What Prosecutors Must Prove

To convict someone of heroin possession or trafficking in Georgia, the prosecution must prove each element of the crime beyond a reasonable doubt. This typically includes:

1. Knowing Possession:
   Prosecutors must show that you knowingly possessed heroin. It’s not enough to simply be near the drug or in a place where heroin is found. If you didn’t know it was there, or if someone else was responsible for it, the state may struggle to prove its case.
2. Control or Custody:
   You must have had control over the drug—either physically (in your pocket or bag) or constructively (in a place you had access to, like your car or apartment). If heroin was found in a shared space, it may be hard for the prosecution to show it belonged to you.
3. The Substance Was Actually Heroin:
   The state must submit lab results confirming that the substance in question was indeed heroin. Without proper testing and documentation, the charges could be dismissed or reduced.
4. Chain of Custody:
   From the time of seizure to trial, law enforcement must maintain a proper chain of custody for the evidence. If there are gaps or errors in how the heroin was handled or stored, your defense attorney may be able to get the evidence thrown out.

Possible Defenses to Heroin Charges

An experienced criminal defense lawyer will analyze every aspect of your case to identify weaknesses in the prosecution’s evidence. Common defenses to heroin charges include:

• Illegal Search or Seizure: If police violated your Fourth Amendment rights, such as by conducting a search without a warrant or probable cause, your attorney can file a motion to suppress the evidence.
• Lack of Knowledge or Possession: If you were unaware of the presence of heroin, or if it was found in an area not under your control, you may have a strong defense.
• Entrapment: If law enforcement induced you to commit a crime you would not have otherwise committed, you may be able to claim entrapment.
• Substance Misidentification: If the substance was not properly tested or identified, the case could be dismissed.

Take Action Now to Protect Your Future

If you’re facing heroin charges in Georgia, don’t wait to get legal help. At The Spizman Firm, we fight aggressively to protect your rights and challenge the evidence against you. We serve clients across Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek, and Sandy Springs.

Contact us today for a confidential consultation and start building your defense.