Defend Against Drug Charges With An Atlanta Drug Crimes Lawyer

At Hirsch Criminal Defense, people facing misdemeanor and felony criminal charges related to drugs can get experienced legal counsel. Clients of the firm are people throughout the Atlanta area and DeKalb County who have been accused of involvement with marijuana, cocaine, crack, meth, prescription drugs or other controlled substances.

The consequences of a conviction increase with the type and amount of drugs involved, as well as with the type of charges. While the law is the same, the way the law applies to the facts is different in each case. The facts of your case are unique, and attorney Matt Hirsch takes a unique approach to your defense.

Serious Help For Clients Facing Drug Charges

Attorney Hirsch tailors his legal strategy to meet your needs and goals, taking the time to work with you directly throughout your case. From the moment he begins representing you until matters are resolved, he has one goal in mind: mitigating or eliminating the consequences. Throughout DeKalb, Fulton, Cobb or Gwinnett counties, he helps those facing these charges.

Attorney Hirsch can handle several different types of drug charges:

• Drug possession: There are two types of possession: actual and constructive. Actual possession occurs when the drugs allegedly involved were found on your person. Constructive possession isn’t as clear. In a constructive possession situation, the drugs may have been found in a car. Because nobody claimed them, each person in the car is said to “constructively” possess the drugs.
• Possession with intent to distribute: This crime is charged when the drugs allegedly involved were in sufficient volume to make a sale likely. When the police find one ounce of marijuana or more, they usually charge people with possession with intent to distribute. The same is true when the drugs are discovered in many separate baggies, or with a scale and sandwich baggies.
• Drug trafficking: Trafficking is a serious offense. It is determined entirely by weight. If the quantity of drugs found was significant enough, the police would charge a person with trafficking. If convicted, a defendant will face mandatory minimum jail time and fines, so it is critical to take trafficking charges seriously.
• Civil forfeiture: During your drug arrest, you may have been stripped of cash and other property. Georgia has some of the worst civil forfeiture laws in the nation. You must act fast to get your property and money back, throughout DeKalb, Cobb, Fulton or Gwinnett counties.

Attorney Hirsch has successfully represented clients who have been charged with marijuana-related crimes, including:

• Possession of less than one ounce of marijuana
• Marijuana trafficking and distribution
• Marijuana cultivation or growing

Wondering when drug crimes are charged as a felony? Read our blog post on When is a drug crime a felony in Georgia? to learn more.

Understanding Drug Charges And Your Legal Options In Georgia

People facing drug charges in Georgia often have critical questions about potential penalties, their constitutional rights and how the legal system categorizes different offenses. Attorney Hirsch addresses these important concerns with clients throughout Atlanta and the surrounding counties.

What are the penalties for drug charges in Georgia?

The penalties for drug charges in Georgia depend on the type of drug involved, the amount in your possession and whether you face misdemeanor or felony charges. Georgia law imposes different consequences based on these factors:

• Marijuana possession (less than one ounce): This is typically charged as a misdemeanor with penalties including up to 12 months in jail and fines up to $1,000. However, possession of one ounce or more can result in felony charges with one to ten years in prison.
• Cocaine, methamphetamine and controlled substances: Possession of these drugs carries harsher penalties than marijuana. A first offense for cocaine possession can result in one to three years in prison, while possession with intent to distribute increases the sentence to five to 30 years.
• Drug trafficking charges: Trafficking triggers mandatory minimum sentences based on weight thresholds. For example, trafficking in cocaine (28 grams or more) carries a mandatory minimum of ten years in prison and a $200,000 fine, with penalties increasing dramatically for higher quantities.

As an Atlanta drug crimes lawyer, attorney Hirsch works aggressively to challenge the evidence against you and pursue alternatives to incarceration when possible.

Can drug charges be dismissed due to an illegal search in Atlanta?

Yes, drug charges can be dismissed in Atlanta if the drugs were discovered through an illegal search or seizure. The Fourth Amendment protects you from unreasonable searches, and any evidence obtained in violation of your constitutional rights can be suppressed in court. If the suppressed evidence is critical to the prosecution’s case, the charges against you may be dismissed entirely.

What’s the difference between felony and misdemeanor drug charges in Georgia?

Beyond the different penalties, felony and misdemeanor drug charges in Georgia follow different legal processes and create distinct pathways through the criminal justice system. Understanding these procedural differences helps you know what to expect as your case moves forward.

Misdemeanor drug cases are typically handled in State Court or Municipal Court with streamlined procedures and shorter timelines. Felony drug cases must proceed through the Superior Court and require a grand jury indictment before trial. Felony cases also involve more extensive discovery, longer court proceedings and different plea negotiation dynamics than misdemeanor matters.

Your prior criminal record affects how charges are classified under Georgia’s recidivist statutes. A second drug offense can be elevated from a misdemeanor to a felony, and subsequent felony convictions trigger enhanced sentencing ranges with longer mandatory minimums. This means a misdemeanor marijuana possession charge today could become a felony if you have a prior drug conviction on your record, even from years ago.

Collateral consequences also differ significantly between classifications. A felony drug conviction results in loss of voting rights while incarcerated, permanent restrictions on firearm ownership and disqualification from federal student loans.

Protect Your Rights – Contact The Firm Today

If you have been accused of a crime throughout Georgia, Hirsch Criminal Defense can help. Attorney Hirsch is an aggressive attorney who can protect your rights. To schedule a consultation with an Atlanta drug crimes lawyer, reach out online or call him at 404-919-7096.