DeKalb County Drug Possession Lawyer
Possessing an illegal drug is a very serious criminal offense in DeKalb County and throughout Georgia. The penalties for those convicted are also extremely harsh. If you are convicted of drug possession you may have to serve jail time and probation, pay high fines, and have a permanent criminal record that will follow you for the rest of your life. It is unlikely that law enforcement will be willing to listen to your side of the story, particularly if you already have a criminal history.
If you have been charged with possessing a controlled substance, you need a DeKalb County drug possession lawyer on your side. An attorney can advise on the defenses available in your case so you have the best chance of retaining your freedom.
What is Considered Drug Possession in DeKalb County?
Under state law, the possession of a controlled substance is defined as knowingly possessing an illegal drug, or unlawfully possessing a legal drug, with the intention of using it. Drug possession includes both actual possession and constructive possession.
Actual possession refers to when someone has a controlled substance on their person, such as in their bag, purse, or pocket. Constructive possession refers to when someone has a controlled substance in an area they control, but not on their person. For example, if a controlled substance is found in someone’s vehicle, this may constitute constructive possession.
Drug possession is a very serious charge in DeKalb County and proving that you did not know of a controlled substance is challenging. For example, if someone else left a bag of drugs in your vehicle and you were not aware of it, this can serve as a defense. However, the burden of proof is on you to establish that you were not aware of the drug’s presence.
Defenses to Drug Possession in DeKalb County
Facing charges of drug possession is very scary, but the situation is not hopeless. There are many defenses available and they are as follows:
- Illegal search and seizure: The Fourth Amendment guarantees everyone in the country the right against unlawful search and seizure. If your property was searched without a warrant or your consent, it can serve as a defense.
- Lack of possession: Establishing that the drugs were not in your control or in your possession is also a strong defense to drug possession charges.
- Insufficient evidence: If you can challenge the prosecution’s evidence and prove that it does not establish guilt beyond a reasonable doubt, that is a very strong defense.
- Entrapment: If law enforcement persuaded you to commit a crime you would not have committed otherwise, this can also act as a strong defense.
Our DeKalb County Drug Possession Lawyer Can Craft the Defense You Need
At The Spizman Firm, our drug possession lawyer in DeKalb County can review the facts of your case, determine which defense strategy is most appropriate, and argue it effectively so you obtain the favorable outcome you deserve. Call us now or chat with us online to schedule a consultation with our experienced attorney and to learn more about how we can help.
