The prosecutor must prove that you possessed with the intent to give drugs to someone else. According to court documents and evidence presented at trial, on Feb. 4, 2021 . There are many reasons why a law enforcement officer may decide that the controlled substances found on your person, in your vehicle, or in your personal space are not just for personal use, but more likely for distribution. Hiring a Drug Crimes Lawyer in GA: Atlanta Drug Trafficking, Drug Crime Lawyer: Hiring the Best Drug Attorney in Atlanta. Possession with intent to distribute is considered a felony because it carries the possibility of a hard labor sentence. Templeton Mims & Ward in Summerville, South Carolina represents clients throughout the Low Country, including Charleston County, Berkeley County, Dorchester County, Calhoun County, Colleton County, Beaufort County, Georgetown County, and Orangeburg County, including communities such as Charleston, Summerville, Daniel Island, Folly Beach, Mount Pleasant, Moncks Corner, Beaufort, Hannahan, Goose Creek, St. George, Walterboro, and North Charleston, SC. Please check official sources. Louisiana has followed the Federal government in classifying controlled substances in various schedules according to potential danger to society. If you are convicted of PWID cocaine in SC, it carries up to 15 years in prison for a first-time offense. Drug possession penalties can range from suspension of a drivers license and probation for a minor first offense to substantial prison time and fines. Primarily ______ states have several courts of appeal. Not every drug is illegal to possess. But at David Tarr Law, I have profound knowledge of how the SC criminal justice system works and can defend you against the charges effectively. Possession with intent to distribute cocaine base, or crack cocaine, carries the same penalties as PWID powder cocaine: (1) for a first offense, must be sentenced to a term of imprisonment of not more than fifteen years or fined not more than twenty-five thousand dollars, or both; (2) for a second offense, the offender must be imprisoned for not less than five years nor more than thirty years, or fined not more than fifty thousand dollars, or both; (3) for a third or subsequent offense, the offender must be imprisoned for not less than ten years nor more than thirty years, or fined not more than fifty thousand dollars, or both. When facing drug-related charges in Georgia, it is essential to have legal representation you can trust. Templeton Mims & Ward, LLC Drug possession is a crime. In this case, multiple individuals in that particular car can be charged because they are believed to have the ability to control the possession or are involved directly or indirectly in the same. 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. Suppress. Criminal Attorneys & DWI Lawyers in Covington, New Orleans, and Shreveport Louisiana. PWID drugs in SC can be a severe offense that can attract a substantial monetary fine or prolonged jail time. Simple possession of drugs is a the intentional and knowingly possession of drugs without a valid prescription. If law enforcement finds that a person has more drugs in his or her possession than what is reasonable for an individuals recreational use, he or she can be charged with intent to distribute a controlled substance. Copyright 2020 Peachstate Lawyer Atlanta, Georgia / W.Scott Smith / All Rights Reserved. If the proximity of a PWID is within 1,500 feet off a public park, school or church. 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. . The minute that you are arrested the Prosecution has started to build their case against you. 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. If you face PWID charges, you are more likely to face severe charges, requiring a solid criminal defense strategy. Additionally, the laws often take the purity of the drugs into account. But remember, the prosecution cannot just make this claimthey must back it up with evidence. Sign up for our free summaries and get the latest delivered directly to you. Additionally, possessing any amount of controlled substances within a school zone will significantly increase sentencing. 50 grams or more of actual meth 280 grams or more of crack. Trafficking law can be quite confusing, call us for more information and a consultation on your case. Information on this website may not constitute the most up-to-date legal or other information. Penalty for distribution or possession with intent to distribute narcotic drugs listed in Schedule I; possession of marijuana, synthetic cannabinoids, and heroin A. Possession of any amount is a felony with a punishment of between one and 10 years in prison and $15,000 in potential fines. The arresting law enforcement officer, along with the prosecuting attorney, will determine which charges to file. Some evidence includes the division of the substance in different sale bags and presence of scales of weighing. It is their job to prove beyond a reasonable doubt that not only were you in possession of marijuana but that you were going to distribute it. A third or subsequent conviction for "Possession with Intent to Distribute" may result in a minimum two-year driver's license suspension. About Distribute, please call us at 404-581-0999 for a free consultation. possessing with the intent to distribute or dispense controlled substances except as otherwise . Alaska Stat. Illegal possession of a controlled substance occurs whenever a person owns or otherwise possesses a drug or other controlled substance, without legal justification or permission. If the cocaine was less than 10% pure, the Court would take the percentage of purity and multiply it by the weight you were carrying. Ann. Possession of more than 28 grams (1 ounce) of cocaine -- a Schedule II drug -- is automatically considered trafficking, since the amount is presumed to show intent to sell. For a third or subsequent offense, the offender must be imprisoned not less than ten years nor more than thirty years, or fined not more than fifty thousand dollars, or both. Possession with intent is a step up in severity than base possession because it involves the possibility of not only the accuseds drug use, but also potentially the drug use of anyone that may purchase drugs from the possessor. Copyright2023 Law Office of David B. Tarr All Rights Reserved Website by Social Spark Media. Good legal representation can be critical with a serious felony charge such as this. Get Answers Now. If you have a bad case, we know how to fight to get the lowest possible sentence and plea agreement. Therefore, in this case, no other facts are required to show the defendant had possession with intent to deliver. He got my case dismissed and kept me out of a lot of potential problems with school applications and future job opportunities. Call 404-947-6122And Receive Quality Legal Advice. Northwest Georgia Publications. Possession of more than an ounce of marijuana in SC is usually charged as PWID instead of simple possession maybe you dont sell weed and you intended to smoke it all, but police will still charge you with possession with intent to distribute if its more than an ounce. Atlanta Criminal Defense Attorney: Criminal Lawyers Georgia. Commonly, a VGSCA crime refers to such charges as: Possession of Marijuana. The stop and search are always heavily analyzed applying the most recent Louisiana law and federal constitutional case laws. I highly recommend him to anyone. Mr. Larry Kohn could not have been more helpful. Suite 2060, Westbrook was stopped on his . If this is a second offense for the same amount of plants, you could face 10 years to life in prison and the fine can be up to $4 million. These are legal concepts used by the prosecutor and police to stick a simple possession charge on someone. But the facts making these two criminal cases are different. Possession with intent to distribute drugs in SC, or PWID, is the next step up from simple possession charges. 2014 Georgia Code Title 16 - CRIMES AND OFFENSES . Constructive possession is when drugs are found not on the defendants person, but circumstantial facts could prove the defendant possessed those drugs. Possession with intent to distribute methamphetamine carries the same potential penalties and has the same threshold weight (one gram) as PWID powder cocaine or crack cocaine, and the penalties are found in SC Code Section 44-53-375. Expungement laws vary by state. Heres All You Need to Know , The scale of the drug a person possessed during the arrest. No less than 1 and no more than 10 years in prison. Family Law On the other hand, police will sometimes charge a person with PWID even though the drugs weigh less than the threshold amount if there is other evidence of an intent to distribute. House Bill 234 is the best bill on this subject and the only one with a net positive rating. You can explore additional available newsletters here. The consequences even worsen if the offender is charged with the intent to distribute to others. Call 404-947-6122And Receive Quality Legal Advice. Also, conspiracy arrests happen in drug trafficking situations where there are two cars following each other, and one car has the load. Possession of drugs (controlled substance) with the intent to distribute or sell is a felony offense under Louisiana state law as well as under Federal law. This is not a law firm or referral service and does not provide legal advice. The prosecutor must prove that the defendant had knowledge and intent to possess drugs and that he had dominion and control over the drugs. Occasionally, we are asked if someone can get arrested for intent to buy drugs. The second offense attracts incarceration of 0-10 years or a fine not exceeding $10,000, Third offense or subsequent offense attracts between 5-20 years of imprisonment or fines up to $20,000, The first offense attracts 0-15 years of imprisonment or a fine of up to $25,000, The second offense attracts 5-30 years of imprisonment or up to $50,000, Third offense or subsequent offenses attract 10-30 years incarceration or a monetary fine not exceeding $50,000, The first offense attracts 0-15 years of imprisonment or up to $25,000, Third or subsequent offenses attract 10-30 years incarceration or a monetary fine not exceeding $50,000, Your rights were violated by the law enforcement during the search, You are not aware of the presence of the controlled drugs. First and foremost, you have rights and are innocent until proven guilty. Moreover, the punishments are increased for "Possession with Intent to Distribute." 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. Although fentanyl currently carries the same potential penalties as heroin charges, prosecutors and judges may feel that it is appropriate to give harsher sentences for PWID fentanyl, because of its higher potential for overdoses and the media attention that fentanyl overdoses has received in recent years. The difference between possession with intent to distribute, and illegal drug possession, is significant in the South Carolina justice system. For example, possession of less than one ounce of marijuana is most often a misdemeanor, but any amount of cocaine is a felony. Because heroin is classified as a Schedule I narcotic drug, PWID heroin in SC carries the same penalties as PWID cocaine, cocaine base, or methamphetamines up to 15 years in prison for a first offense, 5-30 years for a second offense, or 10-30 years for a third offense. FAFSA with a Felony: Are you still eligible? Also, the prosecution would also have to present evidence that the defendant intended to sell or distribute the drugs. 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. THIS IS AN ADVERTISEMENT. Our criminal defense attorneys, Patrick McDonough and Trinity Hundredmark, have a combined experience of more than 30 years representing clients facing criminal charges in Georgia. Hashish and other marijuana concentrates are illegal in Alabama. not properly file them, they are waived and you will potentially lose the Possession with Intent to Distribute Laws in Georgia. 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