Understanding Drug Possession Crimes

At Hirsch Criminal Defense in Atlanta, attorney Matt Hirsch represents people who have been charged with drug crimes, including drug possession. The firm often helps clients who are accused of possessing drugs such as marijuana, crack, cocaine, methamphetamine (meth) and prescription drugs.

Actual Possession And Constructive Possession

There are two types of possession: actual and constructive. Actual possession occurs when the drugs allegedly involved were found on your person, usually in a pocket or purse or concealed elsewhere on the body.

Constructive possession isn’t as clear. In a constructive possession situation, the drugs are found in a shared location such as a car. Because nobody claims them, each person in the car is said to “constructively” possess the drugs.

Many people face drug possession charges for reasons that were beyond their control. Some borrowed a friend’s car, only to have the police discover marijuana under the seat during a traffic stop. Others gave a ride to a bunch of friends, not knowing that the friends had pills on them. When the pills were discovered, the driver was said to have constructive possession because he should have known that the pills were in the vehicle.

Many of the people attorney Hirsch represents are college students who risk losing their financial aid if convicted of drug possession. Attorney Hirsch takes these cases seriously. While it is impossible to predict the results of your case, he is often able to obtain favorable results for students charged with marijuana possession in DeKalb County state court. Clients often come out of the situation with no conviction, no loss of driver’s license and no loss of student loans.

Answers To Common Drug Possession Questions In Georgia

Facing criminal drug possession allegations can feel overwhelming as illegal drug charges carry potential penalties that demand immediate legal attention. Understanding your statutory rights can help reduce anxiety as your court case progresses. Attorney Hirsch answers a few routinely asked questions regarding Georgia drug possession charges below.

Will I go to jail for a first-time drug possession charge in Georgia?

Many first-time offenders can avoid incarceration through First Offender treatment, conditional discharge or court diversion programs, which helps preserve their personal freedom. Judges often prefer rehabilitation over incarceration for minor offenses. Completing mandatory community service and counseling can fulfill most program requirements, which may lead to a complete dismissal without a lasting conviction.

However, jail time could remain a distinct possibility for a first-time felony conviction under state sentencing guidelines. While possessing small amounts of marijuana remains a misdemeanor, most other controlled substance charges carry severe felony penalties. In these cases, prosecutors evaluate the specific circumstances and any past history before determining whether to seek active detention.

What if the drugs were found near me but not on me – can that alone convict me?

Mere proximity to illegal substances in a shared location cannot automatically secure a conviction. State prosecutors must prove beyond a reasonable doubt that you had physical control, knowledge and intent regarding the contraband under constructive possession rules. Defense strategies can highlight that other individuals might have had equal access to the area.

Furthermore, officers must establish a direct link connecting you to the items found. Multiple passengers in a vehicle can create reasonable doubt regarding actual ownership, which helps weaken the prosecution’s position. Demonstrating a complete lack of awareness potentially undermines the state’s case.

Should I plead guilty to ‘get it over with,’ or fight the charge?

Pleading guilty establishes a permanent criminal record that could harm your future job opportunities. Exploring viable defense strategies before entering a plea helps protect your constitutional rights, reputation and overall record. Waiving your rights through an immediate guilty plea prevents you from challenging unlawfully obtained evidence through motions to suppress.

During an investigation, law enforcement officers must strictly adhere to constitutional search and seizure protocols. Traffic stops conducted without reasonable suspicion may result in total evidence exclusion under Fourth Amendment protections. Challenging improper police conduct can boost your defense and help protect your legal standing.

Strengthen Your Drug Possession Defense Today

Accused of possession or possession with intent to distribute? To schedule your free initial consultation with an Atlanta drug possession attorney at Hirsch Criminal Defense, reach out online to contact the Atlanta, Georgia, law office, or call 404-919-7096. Attorney Hirsch doesn’t look down on people accused of crimes, and consultations are confidential.