Northwest Whitfield High School staff noticed their English teacher, Raquel Spencer acting strangely this week and contacted the school's administrators for help. Apparently, Spencer gave consent for a search, and that was when they allegedly found heroin amongst her personal property.
Spencer was then arrested for heroin possession and taken to the Whitfield County jail.
Georgia laws punish drug crimes harshly, especially hard drugs like heroin, cocaine, or methamphetamine - to name a few. Drug Offenses in Georgia are taken very seriously and can range from a misdemeanor to up to twenty years in prison. This is why it is important to hire a Georgia Criminal Defense Attorney who is not only familiar with the crimes but knows the impact a conviction will have on your future.
The Georgia Controlled Substances Act regulates drugs in Georgia. Illegal drugs are considered controlled substances, and Georgia Law classifies them into five different schedules.
Heroin is considered a Schedule I drug, which is the most regulated controlled substance category. Schedule I drugs are considered to have the highest potential for abuse and have no accepted medical use. Georgia is very strict when it comes to heroin because it is seriously addicting. The justification behind the harsh punishments is to discourage people from using heroin.
Schedule I and Schedule II drugs are treated the same way in regard to sentencing, meaning that possession of heroin is treated the same way as possession of methamphetamine in Georgia and possession of cocaine in Georgia.
What is the law on possession of a Schedule I Narcotic in Georgia?
The Georgia Code states:
It is unlawful for any person to purchase, possess, or have under his or her control any controlled substance. - O.C.G.A. § 16-13-30(a).
The statute then goes on to list out the penalties for different schedules of drugs.
The State of Georgia will have to prove that the accused person is guilty beyond a reasonable doubt by demonstrating that accused person possessed heroin.
This possession can be actual or constructive. Actual possession is when heroin is actually found on your person, and no one else had equal access to the drug. Constructive possession is when officers believe there are multiple people with knowledge and access to heroin in a situation.
For example: if a cop pulls over “A” while “A” is driving his car with a few passengers for a routine traffic stop. “A” and all of the passengers in his car know that there is heroin in the glove compartment. All could face possession of heroin charges.
What is the penalty for conviction?
The penalty for conviction of possession of heroin is a prison term of five to thirty years. The crime is considered a felony. However, a second or subsequent offense will face a penalty of prison for ten to forty years or possibly life in prison. As I've written about before, the consequences for being convicted of a felony are life-altering.
If you or a loved one has been charged with a Drug Offense in Georgia, contact a Georgia Criminal Defense Lawyer today. We can review your case and decide which specific Georgia Criminal Defenses apply.