Have the police arrested and charged you with a drug crime in Albany? Due to the negative stigma associated with illegal drugs, prosecutors vigorously pursue convictions in drug cases. When drug charges put your reputation and future at risk, turn to the legal team at Parker Trial Law to fight for your rights, interests, and freedom.

Since our firm’s founding in 2016, our attorneys have worked tirelessly to offer dedicated, zealous legal representation to individuals facing drug charges in Albany and throughout Georgia. Our criminal defense lawyers, led by nationally recognized trial attorney James W. Parkman, III, have a long track record of success in numerous high-profile cases in state and federal courts, having served as lead counsel in criminal cases in over 20 jurisdictions.

Because we believe that results matter, our firm will not hesitate to take your case to trial to advocate your innocence and fight for the best possible resolution to your drug charges. Our attorneys treat every client like family, working hard to build relationships that continue long after your case ends.

When you face drug charges, you need experienced legal counsel to defend your rights and interests. Contact Parker Trial Law today for a free, confidential consultation with an Albany, GA, drug crime attorney. Discover how our firm can fight for a favorable resolution to your charges.

Why You Need an Albany, GA, Drug Crime Defense Lawyer

Law enforcement and prosecutors take drug crimes exceptionally seriously and vigorously pursue convictions of defendants accused of possessing or distributing drugs. You need an Albany, GA, drug crime lawyer from Parker Trial Law to help level the playing field so you can stand up for your reputation, freedom, and future.

Our firm can guide you through every step of the criminal justice process by:

  • Thoroughly investigating your charges to obtain all available evidence, rather than solely relying on evidence turned over by the prosecution
  • Using our extensive criminal trial experience to handle every aspect of your case
  • Explaining the nature of your charges to you and the potential outcomes you may face to help you make informed decisions at each step
  • Vigorously contesting the prosecution’s case, including by filing pre-trial motions to exclude unlawfully obtained evidence or to reduce or dismiss your charges when the prosecution has insufficient evidence to take your case to trial
  • Preparing and presenting a compelling defense at trial when you choose to fight your charges and maintain your innocence, advocating on your behalf to secure a favorable outcome to your charges

How Can You Protect Your Rights During and After a Drug Arrest?

You can best protect your rights and options during and after an arrest for drug offenses by exercising your rights to remain silent and consult a criminal defense attorney. Your right to remain silent means you do not have to answer police officers’ or prosecutors’ questions about your drug charges or other criminal offenses. Exercising your right to remain silent during and after an arrest will ensure you do not provide investigators or prosecutors with incriminating statements or other information they can use to further their investigation.

Your right to legal counsel following a drug arrest includes the right to consult a lawyer before questioning by police or prosecutors and to have your lawyer present if you agree to talk to the police. You can put yourself in the best position to defend yourself against drug charges by asking to speak to a lawyer immediately following your arrest. Contact Parker Trial Law to speak with a criminal defense attorney about your charges and the next steps you should take to protect your rights and interests.

What Are Georgia’s Drug Possession Laws

Georgia drug possession laws, codified in Georgia Code §16-13-30, make it illegal for a person to purchase, possess, or exercise control over a controlled substance or to manufacture, deliver, distribute, dispense, sell, or possess with intent to distribute any controlled substance, except as permitted by law.

A person may lawfully possess, dispense, or distribute controlled substances as a licensed drug manufacturer or licensed healthcare provider, such as a physician or pharmacist. A person can also lawfully possess controlled substances under a valid prescription issued by a licensed healthcare provider.

What Are the Sentences for Drug Felonies and Misdemeanors in Georgia?

Sentences that courts impose for drug possession convictions in Georgia depend on various factors, including:

  • The Type of Drugs – Georgia law imposes harsher sentences on drug possession offenses involving Schedule I or II drugs than for Schedule III, IV, or V drugs.
  • The Quantity of Drugs – Defendants may face longer sentences when caught in possession of larger quantities of drugs, as large quantities may serve as evidence of the defendant’s intent to distribute or sell the drugs.
  • The Defendant’s Intent with the Drugs – Possession of drugs for personal use has much lower penalties than offenses such as possession with intent to distribute or drug trafficking.

Possession of Schedule I or II drugs typically constitutes a felony offense that carries a penalty of two to 15 years in prison or five to 30 years for a second or subsequent offense. However, possession of Schedule I or narcotic Schedule II drugs with intent to distribute carries penalties of five to 30 years in prison or, for a second or subsequent conviction, 10 to 40 years in prison or life imprisonment. Possession of a non-narcotic Schedule II drug carries a penalty of two to 15 years in prison or five to 30 years for a second or subsequent offense.

Possession of a Schedule III, IV, or V drug constitutes a felony offense with a penalty of one to five years in prison or one to 10 years for a second or subsequent offense. However, possession of these drugs with intent to distribute carries a penalty of one to 10 years in prison. Possession of marijuana also carries a penalty of one to 10 years in prison.

A drug conviction can also have long-lasting consequences on your personal and professional life. A criminal record containing a drug conviction may appear in background checks for jobs, housing, educational admissions, or financial services. As a result, you may find it challenging to obtain employment, housing, or educational opportunities following a drug conviction.

What Are the Different Drug Schedules?

Georgia categorizes controlled substances into five “schedules” based on a drug’s risk for addiction or abuse and whether the drug has accepted medical uses. Schedule I drugs represent the most dangerous controlled substances, while Schedule V includes the least dangerous drugs. Examples of drugs found in each schedule in Georgia’s controlled substances statutes include:

  • Schedule I – High potential for abuse, no accepted medical uses (heroin, LSD, mescaline, peyote, psilocybin, MDMA, and THC)
  • Schedule II – High potential for abuse, limited accepted medical uses with restrictions (raw opium, oxycodone, codeine, morphine, fentanyl, and cocaine)
  • Schedule III – Lower potential for abuse and accepted medical uses (ketamine, buprenorphine, and anabolic steroids)
  • Schedule IV – Lower potential for abuse and addiction (barbital, cathine, benzodiazepines)
  • Schedule V – Low potential for abuse or addiction (pregabalin, pseudoephedrine, and mixtures containing limited quantities of narcotics such as codeine or opium)

What Are Common Defenses in Albany, GA, Drug Possession Cases?

If you face prosecution for drug possession in Albany, you may have various defenses you can pursue against the charges. A drug crime lawyer in Albany, GA, from Parker Trial Law can help you prepare common defenses used in drug possession cases, such as:

  • Lack of Possession – You may deny having actual or constructive possession of drugs seized by police. Whereas actual possession involves physically possessing drugs, you can have constructive possession when police find drugs in a place you can access or have control over, such as in a vehicle or bedroom.
  • Lack of Intent – You may argue that the prosecution has insufficient evidence to prove the required intent to violate Georgia drug laws.
  • Possession of Georgia Legal Drugs – You may contest drug possession charges by proving you had a prescription or another lawful basis to possess the drugs.
  • Personal Use – If you face possession with intent to distribute charges, you may argue that you possessed the drugs for personal use rather than to sell them to others.
  • Unreliable Evidence – You may challenge the reliability of the prosecution’s evidence by highlighting a lack of laboratory testing to confirm the identity of seized substances or breaks in the chain of custody of evidence.
  • Unlawfully Obtained Evidence – You may seek to exclude evidence from a drug case by arguing that police recovered the evidence through an unlawful search, such as a search unsupported by probable cause or a search that occurred during a stop unsupported by reasonable suspicion of criminal activity.