Most of us are aware that selling illicit substances is illegal in the state. However, many people are unaware that drug dealers may face various drug charges and even a felony charge for murder if the person they sold the drugs to overdosed on the drugs they received from the dealer.
Many drug possession cases arise out of traffic stops. Police pull over a driver for speeding, running a stop sign, or perhaps something as simple as a malfunctioning tail light. The officers then use the opportunity to search the driver's person and vehicle for illegal drugs.
Some of the most serious drug crimes in Georgia relate to drug trafficking, or the manufacturing, sale and distribution of large amounts of controlled substances. Five people are now facing drug trafficking charges after $1 million worth of cocaine, marijuana, and ecstasy were found in two separate seizures in the Georgia area. Three of the people were arrested when their vehicle was stopped by police and a large number ecstasy pills were found in the vehicle. The other two people were arrested after police found them in a semitrailer with significant amounts of cocaine and marijuana, as well as $20,000 in cash.
If a law enforcement officer has a reasonable belief that a driver has committed a crime of any sort, they are legally allowed to stop the driver's vehicle. Because of this, many routine traffic stops often lead to drivers being arrested on drug charges.
Georgia has created a Pretrial Diversion Program in an attempt to keep first-time drug offenders out of jail. The program is only offered to first-time offenders whose crime was non-violent, non-aggressive and did not result in injury to a victim. In addition to drug charges, offenders who have committed domestic violence crimes are also eligible if they have no prior record. While both drug and domestic violence charges may be dismissed or Nolle Prosequi upon completion of the program, a DUI charge may not. DUI offenders may apply to complete the diversion program in lieu of jail time, but will still maintain a criminal record upon completion.
Drug charges often stem from an incident where drugs or drug paraphernalia are found on a person or on their property. Authorities, like police officers, are granted permission to search and seize a person's property if illegal activity is suspected. Under the Constitution, the search of a person and their property is governed by the 4th Amendment.
When thinking about the activities or items that could land a person in hot water with the law, drugs or too much to drink top the list in terms of the sheer number of incidences that happen in Gwinnett county in a given year. Of course, other alleged crime accusations do happen, but drug or alcohol-related criminal charges are fairly common. However, this doesn't make them any less impactful, especially if those charges end up in convictions. Recently, several men were picked up in Gwinnett County and are facing drug charges.
Every person has their faults. For some, drug use may be a part of their lifestyle. While there are many reasons one may want to avoid drugs, the law may be one of the biggest reasons. There are laws, both state and federal, that mandate how drug charges like drug possession and intent to distribute are handled.
Possession of illegally obtained prescription drugs, heroin, cocaine, methamphetamine and other drugs can land a person in legal hot water. Most people know that allegations that one is in possession of illegal drugs can lead to drug charges. The penalties associated with drug possession laws in Georgia are based upon what "schedule" the drug falls under (aside from marijuana possession).
For many people, drug use is an occasional occurrence, not part of a person's regular routine. However, the law specifies that any amount of illicit drug use can be punishable by law. There are many different types of drug charges that one may be facing in connection with alleged drug use. One of those charges is known as possession of drug paraphernalia.