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What to Do If You’re Arrested for Drug Possession in Georgia

If you’ve been arrested for drug possession in Georgia, it can feel overwhelming and confusing. Understanding what steps to take immediately after an arrest can make a significant difference in the outcome of your case. As a trusted criminal defense lawyer in Georgia, I am here to guide you through this process and help protect your rights. In this blog post, we’ll discuss the crucial actions you should take after a drug possession arrest, what to expect from the legal process, and how to defend yourself effectively.

Best Defence Lawyer in Georgia

Jennifer Scalia, is a defense  lawyer in Georgia. Her contact details are:

“Call: (470) 505-9791

Email: jennifer@lawofficeofjenniferscalia.com

Address: Law Office of Jennifer Scalia Cumming, Georgia, United States

1. Stay Calm and Respectful

First and foremost, it’s important to remain calm and respectful toward law enforcement officers. Whether you believe you’re guilty or innocent, being cooperative without resisting arrest or arguing with officers can help avoid further complications. Anything you say can be used against you in court, so it’s important to avoid making any statements that could harm your defense.

2. Understand Your Rights: The Right to Remain Silent

You have the right to remain silent when questioned by law enforcement. While it’s essential to be respectful, you are not required to provide any information about the alleged drug possession. Politely inform the officers that you wish to exercise your right to remain silent and ask to speak with your attorney before answering any questions.

3. Contact an Experienced Defense Lawyer

One of the most critical steps you can take after an arrest is to contact a criminal defense attorney. Having an experienced lawyer by your side can significantly impact the outcome of your case. Jennifer Scalia, a skilled drug possession defense attorney in Georgia, will work diligently to build a robust defense tailored to your specific situation. Call (470) 505-9791 or email jennifer@lawofficeofjenniferscalia.com to discuss your case.

An experienced defense lawyer will immediately assess your situation, review the evidence, and explain your rights and options moving forward. With Jennifer Scalia’s expertise, you can rest assured that your case will be handled with the utmost professionalism and care.

4. Do Not Consent to a Search Without a Warrant

If law enforcement does not have a valid search warrant, you have the right to refuse any request for a search of your property, vehicle, or person. If they proceed with a search without your consent, it’s crucial to make a note of it. Unlawful searches could lead to the exclusion of certain evidence in your case.

5. Document Everything

After the arrest, try to keep track of all the details. If you were arrested in a public place or in your home, take note of what happened leading up to and during your arrest. If there were any witnesses present, get their contact information. Your defense lawyer will need all the facts, including how the drugs were allegedly found and whether proper legal procedures were followed.

6. Know the Potential Penalties for Drug Possession in Georgia

Drug possession penalties in Georgia can vary based on the type and amount of drugs involved. Generally, drug possession charges are categorized into two main types:

  • Simple Drug Possession: Possession of small quantities of controlled substances such as marijuana or cocaine. This can lead to significant fines, probation, or even jail time.
  • Possession with Intent to Distribute: If the amount of drugs is large or there is evidence suggesting you intended to sell, distribute, or manufacture drugs, the penalties can be much more severe, including long prison sentences.

A skilled defense attorney can argue the specifics of your case and potentially get the charges reduced or dismissed.

7. The Importance of Building a Strong Defense

Your defense lawyer’s job is to provide you with the best chance of a favorable outcome. In Georgia, there are several defenses that a criminal defense attorney may explore, including:

  • Illegal Search and Seizure: If the police violated your Fourth Amendment rights by conducting an unlawful search or seizure, any evidence obtained may be inadmissible in court.
  • Lack of Knowledge: If you were unaware that illegal drugs were in your possession, this could be a valid defense. For example, if someone else left drugs in your car without your knowledge, this might impact your case.
  • Unintentional Possession: In some cases, you may have accidentally come into possession of drugs. A good defense lawyer will investigate the circumstances of your arrest to determine if this defense applies.
  • Challenging Drug Identification: The prosecution must prove that the substance you were found with was indeed a controlled substance. A good defense lawyer will challenge this evidence to ensure the substance was correctly identified and analyzed.

8. What Happens Next: The Legal Process for Drug Possession in Georgia

After your arrest, the legal process in Georgia typically unfolds in stages:

  • Arraignment: This is your first court appearance where you’ll be formally charged. Your lawyer will help you understand the charges and begin building your defense.
  • Pre-Trial Motions: Your lawyer will file pre-trial motions, which could include challenging the legality of the arrest or evidence obtained.
  • Negotiations: In some cases, your attorney may negotiate with the prosecution for a plea deal. This could result in reduced charges or penalties.
  • Trial: If a plea deal cannot be reached, your case may go to trial. Your attorney will represent you, present your defense, and work toward an acquittal or reduced sentence.

9. The Importance of Hiring a Local Drug Defense Attorney

Choosing a lawyer with experience in Georgia’s legal system is critical. Jennifer Scalia has extensive experience handling drug possession cases in Georgia and understands the intricacies of local laws and court procedures. With her by your side, you can be confident that your case will be handled by someone who knows how to navigate the legal challenges of drug possession charges.

Conclusion: Don’t Face Drug Possession Charges Alone

If you’ve been arrested for drug possession in Georgia, don’t face the charges alone. Contact Jennifer Scalia at the Law Office of Jennifer Scalia to schedule a consultation. With over a decade of experience in criminal defense, Jennifer Scalia is committed to helping you fight your drug possession charges and secure the best possible outcome.


Frequently Asked Questions (FAQs)

  1. What are the penalties for drug possession in Georgia? The penalties for drug possession depend on the substance and quantity involved. Simple possession may result in fines, probation, or jail time. Possession with intent to distribute carries harsher penalties.
  2. Can I be arrested for drug possession if I didn’t know I had drugs on me? Yes, you can still be arrested for possession, but a defense lawyer can argue that you were unaware of the drugs, which may lead to a reduction or dismissal of charges.
  3. What happens if the police searched me without a warrant? If the police conducted an unlawful search, any evidence obtained during the search may be inadmissible in court. Your lawyer can challenge this evidence.
  4. How long do I have to contact a lawyer after an arrest? You should contact a lawyer as soon as possible after your arrest. The sooner you have legal representation, the better your chances of securing a favorable outcome.
  5. Can my drug possession charges be dropped? In some cases, charges can be dropped if the evidence is insufficient or if there were violations of your rights during the arrest. A skilled attorney can help explore these options.

Contact Jennifer Scalia Today

If you or someone you know has been arrested for drug possession in Georgia, don’t wait. Contact Jennifer Scalia for expert legal representation. Call (470) 505-9791 or email jennifer@lawofficeofjenniferscalia.com to schedule a consultation. Let us fight for your future.

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