Drug Crimes Defense Attorney
Atlanta Criminal Drug Defense Attorney

In Gerogia, it is unlawful for any person to purchase, possess, manufacture, deliver, distribute, sell, or possess with intent to distribute any controlled substance or  marijuana.
Some example of a controlled substances include:
Crack
Cocaine
Ecstasy
Heroin and
Methamphetamine

The maximum penalties for possession or intent to sale of a controlled substance depend on the classification of the drug. In Georgia, controlled substances are classified as a level one, two, three, four, or five drug, with a classification of level one being the worst possible classification.


Marijuana is not treated the same. The maximum penalty for possession of less than one ounce of marijuana is a thousand dollar fine and one year in jail. However, possession of marijuana with the intent to sell will get a person a much greater sentence.


2017 Update

In 2017, The City of Atlanta passed a law that would decriminalize possession of Marijuana under an ounce. However, This law only applies in the City of Atlanta. 

If you are charged with possession or intent to sell marijuana or any controlled substance, it is important that you immediately contact an attorney to ensure that the attorney has ample opportunity to investigate your case. Law Offices of Gilbert Sperling, III will work tirelessly on your behalf to protect your rights under the law.


Legal Stop?


In order to be charged and convicted of a drug crime, the prosecution must prove that the initial stop was legal. The 4th Amendment of the US Constitution guarantees every person the right to be secure. This means that a police officer cannot stop a person without a valid reason. If the initial stop is proven to be invalid, the evidence will be suppressed and the drug charges will be dropped.  For helpful tips on encounters with the police during traffic stops, click our blog below.
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Legal Arrest?

 The 4th Amendment of the United States Constitution protects a person from unreasonable searches and seizures by the government. However, there are numerous exceptions to this rule:
Exigent circumstances
Search Incident to arrest
Consent
Automobile rule
Probable cause
Execution of administrative search
Stop and frisk
 
The number one reason that a police officer justices its stop and search is consent. Most individuals are intimidated when a police officer comes up to them and requests to speak with them. Society tells us that the right thing to do is to comply with an officer's request. However, consensual stops and searches lead to most arrests involving drugs. If an officer asks to speak to you and do not want to comply, you cannot be forced to unless the officer has a valid reason.

  If you believe that your rights were abused prior to your search or arrest, contact Law Offices of Gilbert Sperling, III to discuss any possible defenses to your drug charge. Our practice has the experience you need to challenge the search or arrest as unconstitutional. We will seek to have any evidence seized based on an unconstitutional stop or arrest. 
 
If you or a loved one has been charged with a drug crime, don’t hesitate to contact our office at 404-418-7816 for a free initial consultation.  For more information about illegal stops, listen to Attorney Gil's interview about the 4th Amendment below. 

Protect your rights!
Listen to Attorney Gil's interview on the aspects of a criminal case starting with the initial stop.
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