Even for smaller quantities, minimum prison sentences are often set at 10 years or more. The potential penalties are exactly the same as those for drug distribution or drug manufacturing charges, though. is prima facie guilty of violation of subsection (a) of this section. Manufacture; distribution. Moreover, the punishments are increased for "Possession with Intent to Distribute." A third or subsequent conviction for "Possession with Intent to Distribute" may result in a minimum two-year driver's license suspension. distribute any controlled substance. The most common controlled substances laid out in the SC Code of Law are: Marijuana is one of the most common illicit drugs on the streets in almost every state. It is legal in some states, but in South Carolina, Code Section 44-53-370 specifies the possession of marijuana as a misdemeanor offense. For more information, or to request a case evaluation, contact our law office at 1-770-822-0900. Get Answers Now. Conspiracy to distribute a controlled substance and conspiracy to possess with intent to distribute cases arise when multiple people are engaged in the possession of drugs. Possession charges in Georgia can range from a misdemeanor to a felony depending on the details of the arrest. Possession with intent involving a Schedule I or II drugs will result in the possibility of prison for 5-30 years for a first offense. Unless there is additional evidence of intent to distribute like an excessive amount of cash, packaging in multiple baggies, digital scales, or witness testimony, it may be difficult for the State to prove an intent to distribute based on possession of a very small amount of the drug. Trafficking sentences often include a mandatory minimum of 25 years depending on the type of drug and quantity you were transporting. The possession of these two drugs attracts a felony charge under South Carolina law. 14 mai 2022 14 mai 2022. away luggage promo code. Transparency is the adobe Adobe buildings are typically earthen brick structures made of sand, silt, clay, and straw. 11.41.120. It is a probatable offense and one that we may allow the defendant to file a motion to expunge his record after successful completion of probation. (This drug schedule list is not exhaustive). . Possession with intent to distribute is considered a felony because it carries the possibility of a hard labor sentence. Georgia cocaine laws are rather strict. If you have been charged with either offense because drugs were found in your car or on your property, its essential to hire an expert attorney right away. Good legal representation can be critical with a serious felony charge such as this. For first-time offenders, the defendant's driver's license will be suspended for up to six months. Primarily ______ states have several courts of appeal. Every case is different, and as a result the greatest resource you can give your defense attorney is time. Georgia categorizes controlled substances by schedule. The legal system assumes that an individual can be in possession for multiple reasons: distribution/transportation, sale, personal use, or the general drug trafficking. It is illegal to have possession of a controlled substance with intent to distribute if you do not have a valid prescription from a doctor. 13-1105 and 21 Okla. Stat. Drug possession with the intent to distribute is a much more serious charge than simple possession. The penalties for PWID in SC are greater than the potential penalties for simple possession but less than the penalties for drug trafficking. To fully understand this crime, it helps to break it into two parts: (1) the possession of the drugs, and (2) the intent to distribute them. The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Marijuana Possession With Intent to Distribute | Georgia Criminal Lawyers. To be convicted of possession with intent to distribute in Georgia, the State Attorneys must prove that the defendant actually possessed the illegal drug or controlled substance. If you get a possession with intent to distribute first offense charge in a rural area and you were carrying 50 pounds of heroin, you can be sure the judge does not care that you have a clean record. Stat. The State of Louisiana and the Feds have decided what is considered a controlled substance. Call 404-947-6122And Receive Quality Legal Advice. In the State of Georgia, an "Intent to Distribute" drug charge is a felony, which prevents the defendant from trying to use the Conditional Discharge Act under O.C.G.A 16-13-2. Changes to the Way Search Warrants for Cell Phone Content Must be Obtained. distribute, deliver, or possess with intent to distribute or 6 deliver an . The PWID is classified as a felony offense if the offender is on a subsequent offense and bumped more if found in possession of more than one controlled substance. Sale, Distribution, or Possession of Dangerous Drugs Sale or Transfer of Model Glue to Minors Using a Fictitious Name or False Address When Obtaining Drugs Drug Offenses Attempt or Conspiracy to Commit a Drug Related Offense Conditional Discharge Drug Court Manufacturing Cocaine This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Mandatory minimum sentences refer to situations where the judge has limited discretion in imposing a sentence. For example, the drugs were locked up in a storage unit. The Louisiana law does not differentiate between possession with intent to deliver versus intent to distribute or intent to sell. Thats why possessing an eight-ball of cocaine is considered possession with intent because it is likely you will share it with others, which is distribution. Commonly, a VGSCA crime refers to such charges as: Possession of Marijuana. If the prosecutor agrees to reduce the charge to an attempt to distribute charge upon the defendant pleading guilty, the sentencing range is cut down to 0-20 years. How you are charged and what kind of sentence you are facing largely depends on what kind of drugs you had in your possession. It means, he cannot sentence you to less than the mandatory minimum if you are convicted, despite any circumstances that would compel him to. Please check official sources. There are provisions in the intent to distribute statutes that provide if the defendant was possessing a specific amount, it automatically becomes an intent to distribute charge. Usually, they are accused of trafficking the drugs and are stopped in a vehicle or at the airport or bus station. When facing drug-related charges in Georgia, it is essential to have legal representation you can trust. During the entire process, David was considerate, accessible, knowledgeable, and on top of the situation. Although SC law says that more than two grains of heroin is prima facie evidence of possession with intent to distribute, the State must still prove that you intended to distribute the drugs. COPYRIGHT 2019 Templeton Mims & Ward LLCSite, SEO, and Social Media maintained by Ellev, Schedule I-V Narcotic and Non-Narcotic Drugs without a Prescription. This charge is classified as intent, not just possession. The prosecutor must prove that you possessed with the intent to give drugs to someone else. If you were recently charged with Georgia marijuana distribution, the first thing you should do is to immediately contact an experienced marijuana distribution defense attorney. The threshold weight for possession with intent to distribute cocaine charges is one gram: (4) possession of more than: one gram of cocaine. If a police officer sees someone driving around a known drug area going slowly as if looking for a dealer, the officer might look for something wrong with his driving or his vehicle and make a stop. Summerville, SC 29483 Question The ________ consists of broad trends in the context in which a firm operates that can have an impact on a firms strategic choices. Additionally, other factors, such as the presence of a scale, plastic bags, or large quantities of unclaimed cash, can increase a possession charge to a distribution charge. Can You Get a DUI for Drugs? offices in both downtown Atlanta and Marietta. Domestic Violence Attorney Gwinnett County, Traffic Violation Attorney Gwinnett County, White Collar Crime Attorney Gwinnett County, Possession of a Controlled Substance (O.C.G.A. There are many options in a first offense simple possession case. Charges of possession with intent to distribute a controlled substance are felony offences in Georgia. Specifically, well discuss potential fines, penalties and jail time, and what the threshold weights are for each type of drug. Intent to distribute cases are all felonies. Police will usually charge a person with possession with intent to distribute when the amount of drugs allegedly found is greater than the threshold weight, which varies from one type of drug to another. Depending on your case, your lawyer may be able to have your charge reduced or even dismissed. A legal defense to this charge is the accused persons lack of intent to possess and knowledge about the presence of drugs. This is not a law firm or referral service and does not provide legal advice. 16-13-30), Possession with Intent to Distribute a Controlled Substance (O.C.G.A. 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