Have you Been Charged with Manufacturing Cocaine? in Georgia
Georgia laws punish drug crimes heavily, especially cocaine. Possession, sale, manufacturing, and trafficking cocaine are all crimes in Georgia, and each has their specific penalties. It is important to have a manufacturing cocaine lawyer in Georgia who knows the differences between each offense and how to successfully defend against them. Lawson and Berry and their team of Georgia Manufacturing Cocaine Attorneys are here to help you defend against any cocaine charge that you have. A charge is not the same as a conviction so call our office today to schedule a free consultation.
Georgia Law on Manufacturing Cocaine
Cocaine is regulated under the Georgia Controlled Substances Act. O.C.G.A. §16-13-1(a)(1) states that the term controlled substance shall include cocaine. Being charged with manufacturing cocaine is not merely a slap on the wrist; it can have serious consequences. That is why it is vital to have an understanding and knowledgeable Attorney to help you with your case. The Law Office of Richard Lawson and his Team of Georgia Manufacturing Cocaine Attorneys will fight for you and try to help you avoid a criminal conviction. Do not wait to call; schedule a free consultation today.
Cocaine is part of the Schedule II drug in Georgia, which is included in the same category as methamphetamine, crack cocaine, morphine, opium, and methadone. O.C.G.A. § 16-13-30(b) states that it is unlawful for any person to manufacture, deliver, distribute, dispense, administer, sell, or possess with intent to distribute any controlled substance.
Penalty for Manufacturing Cocaine in Georgia
The penalty for being charged with manufacturing cocaine is a prison term of five to thirty years. The crime will be charged as a felony. However, a second or subsequent offense will face a penalty of prison for ten to forty years or possibly life in prison. O.C.G.A. §16-13-30(d). The consequences for being convicted of a felony can be detrimental. It can cause difficulty in obtaining a job or getting credit in the future.
Alternatively, Georgia allows for conditional release or diversion programs for people facing their first criminal prosecution. A conditional release is a program similar to probation where you have conditions set by a judge that you must satisfy for the charges to be dropped. Judges are more likely to order a conditional release it is the first drug offense for the accused, and it is a relatively minor case. The conditions could include requiring the accused to undergo a comprehensive rehabilitation program or medical treatment.
One factor that may increase a prison sentence is whether a minor was involved. If a person under the age of 17 years participates in the sale or manufacturing of cocaine, then the crime is automatically elevated to a felony and will be punished by a prison term of five to twenty years and/or a fine up to $20,000. O.C.G.A. §16-13-30(k).
Defenses to Manufacturing Cocaine
The police used an illegal stop: One defense available to you that your Manufacturing Cocaine Lawyer in Georgia can investigate is whether the police conducted an illegal stop, detention, or search when they discovered the cocaine. Police officers must have a Constitutional basis for both stopping you and searching you. If the stop is found to be unconstitutional, then anything found as a result of the search will be suppressed. If that happens, your case will be dismissed based on a lack of evidence.
The amount was not enough to distribute: Courts have found that if the amount seized was a small amount; then, that could lead to the presumption that the cocaine was not going to be used for distribution but instead; for personal use. Ryan v. State, 277 Ga. App. 490, (2006). While there is no set standard for what sum amounts to distribution, the Court decides on a case-by-case basis, and our Georgia Manufacturing Cocaine Attorneys could use this defense to try and show that you were not manufacturing Cocaine for the purpose of selling it or distributing it.
Innocence: Witness testimony or an alibi can be used to help prove your innocence. If you have any of these things, contact one our Manufacturing Cocaine Lawyers in Georgia, so they can help you try to get the charges dropped.
I do not live at the residence anymore: If you have tenants at your previous home, and they are caught manufacturing cocaine, you could have a defense if you had no reason to suspect that the tenants were growing cocaine.
What are Not Defenses
The equipment belongs to someone else: Even if the manufacturing equipment does not directly belong to you but is on your property, you could be found guilty. The Court assumes the owner of the house exercises dominion and control over the residence and therefore, they could still be convicted of manufacturing cocaine even if they did not physically commit the crime.
Our Georgia Manufacturing Cocaine Lawyers will help you understand your options and will assist you with your case. To schedule a free consultation with a Georgia Manufacturing Cocaine Lawyer at Lawson and Berry, contact our office today. Our Attorneys are dedicated to being accessible to their clients—days, nights, weekends, and holidays while working hard on their behalf. Your Attorney will make sure you understand all your options and the good and bad of each. Every manufacturing cocaine case is unique, and our Manufacturing Cocaine Attorneys in Georgia will work with you to formulate the best possible defense for your situation. They will advise you on the best approach to take for your case based on their many years of experience. Your future is at stake. Do not sit around waiting for your case to resolve itself.