Dangerous Drug Crimes in Georgia
While the term dangerous drug may seem subjective, it refers to drugs under the Food, Drug, and Cosmetic Act that may be dispensed only with a prescription. Georgia defines dangerous drugs as ones that are not contained in Schedule I, Schedule II, Schedule II, Schedule IV, or Schedule V.
At Lawson and Berry, our offices have been dealing exclusively with criminal defense for over 20 years. We can handle your case no matter the situation and have experience with Dangerous Drug Crimes in Georgia. A conviction for a Dangerous Drug crime will have significant effects on you and your loved ones. Don't take a chance trying to represent yourself; let one of our experienced Georgia Criminal Lawyers assist you. We will work with you to achieve the best possible outcome for your case and will walk you through every step of the court process. Contact us today for a free case evaluation.
Dangerous Drug Crimes in Georgia Include:
- Failure to Label Prescription Container of Dangerous Drugs: When a pharmacist dispenses a dangerous drug, they are required to place certain information on the bottle. If the correct information is not there, they can be charged with failure to label prescription container.
- Intentional Inhalation of Model Glue: Under Georgia law, it is illegal for a person to inhale model glue for the purpose of getting intoxicated or for euphoria. It is extremely dangerous for a person to do that and the law is designed to protect them. A conviction under this statute will be treated as a misdemeanor.
- Obtaining or Attempting to Obtain Dangerous Drugs by Fraud, Forgery or Concealment of a Material Fact: In Georgia, it is prohibited to be in possession or try to obtain dangerous drugs. Extending beyond that, it is illegal to try and obtain dangerous drugs by using fraud, forgery, or concealment of a material fact. Trying to obtain dangerous drugs through any of these false pretenses will be severely punished.
- Possession, Manufacture, Deliver, Distribution, or Sale of Counterfeit Substances: There are countless types of counterfeit substances. However no matter what type of counterfeit substance, it is illegal to possess, manufacture, deliver, distribute, possess with intent to distribute or sell them.
- Possession, Sale, or Transfer of Model Glue: Not only is it illegal to inhale model glue, but it is a crime to possess, sell, or transfer model glue without a permit or license. If conviction of possessing, selling, or transferring model glue to minors, it will be a misdemeanor conviction.
- Prescribing or Ordering Dangerous Drugs: It is illegal to prescribe or order dangerous drugs except in specific situations. This offense is treated as a misdemeanor in Georgia.
- Sale, Distribution, or Possession of Dangerous Drugs: This statute precludes people from selling, distributing, or possessing dangerous drugs. However, there are a few situations where it is legal.
- Sale or Transfer of Model Glue to Minors: Model glue considered a dangerous drug under Georgia law. Therefore, it is illegal for a person to sell or transfer model glue. However, it is a separate crime the sale or transfer is to minors. A minor in Georgia is a person under 18 years of age.
- Using a Fictitious Name or False Address When Obtaining Drugs: It is illegal for a person to obtain drugs by using a false information. If convicted of this crime, you will be charged with a misdemeanor. Misdemeanor convictions in Georgia carry penalties of up to one year in jail, fines up to $1,000, or both.
Penalty for a Conviction for a Dangerous Drug Crime in Georgia
A conviction for a crime that falls under this category varies greatly depending on the offense. However, the majority of the crimes are considered felony convictions and include prison and fines. The prison time ranges from one year to twenty years and the fine could be $1,000.00 or $20,000.00. Because of the wide range of penalties, it is crucial that you retain a Dangerous Drug Crime Attorney in Georgia to help you through the process.
Defenses to Dangerous Drug Crimes in Georgia
I did not know that I possessed drugs (also known as unwitting possession): An example of this is if a friend asked you to drop off a package to another friend. You had no reason to suspect that illegal drugs were in the package, and you were caught speeding, and police officers discovered the drugs. Your Georgia Lawyer could use this evidence to prove that you did not intend to possess illegal drugs and help get the charge dismissed.
Illegal Means: If the methods used to obtain the drugs were unconstitutional, then that evidence will not be allowed in Court.
Innocence: Witness testimony or an alibi can be used to help prove your innocence. If you have any of these things, contact one our Lawyers, so they can help you try to get the charges dropped.
Lack of possession: If you are found in constructive possession of illegal drugs, then you have a defense that you did not possess it. Just being in proximity to illegal drugs is not enough to prove that you possessed it. The State must demonstrate that you possessed it even though you were not in direct proximity to it. An example of this is a person riding with two friends in a car. He is sitting in the passenger seat and is unaware that there are illegal drugs under the seat. Just because the bag is found under the seat, he was sitting in does not prove that he possessed the drugs.
How Can a Georgia Criminal Defense Lawyer Help
One of the major benefits to having a Georgia Criminal Defense Attorney is that they can try to work out a better deal with the prosecutor than you would get on your own. Whether it is trying to get the charges lowered or argue your innocence, your Lawyer can help get you a more favorable outcome. Every case is different therefore there is no defense that works for every crime. Your Dangerous Drug Crime Lawyer in Georgia will examine your case to determine what your best arguments are and seek to create gaps in the prosecutor's case.
After practicing for 20 plus years throughout Georgia, the Office of Lawson and Berry know how to work out deals with the prosecutor. Don't try to handle it on your own. Your Georgia Criminal Defense Attorney will investigate all the details surrounding your case and evaluate your options. They will be available all the time to you – even nights and weekends – because your case is important. Lawson and Berry and their team of Lawyers will work with you to fight your charge and avoid a conviction. Call today to schedule a free case evaluation.