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Drug Trafficking with Attempt to Distribute
Drug trafficking with an attempt to distribute is as simple as possessing a certain quantity of illegal substances with the intent to sell them. The penalties for drug trafficking are severe. Unfortunately, a conviction can result in lengthy prison sentences, large fines, and a criminal record that may affect your chances of finding employment or housing. If you find yourself facing drug trafficking charges with the attempt to distribute, call the offices of Joshua J. Smith, Attorney at Law, to speak with a member of our team.
What are Drug Possession and Trafficking Charges?
Drug possession and trafficking charges involve the unlawful possession or distribution of controlled substances. Possession charges happen when you are found with illegal drugs, such as cocaine, heroin, or methamphetamine, on your person. Trafficking charges involve the sale, distribution, or transport of illegal drugs. These charges are considered a felony punishable by severe penalties, including mandatory minimum sentences.
Depending on the type and amount of drugs involved, the penalties can range from fines and probation to lengthy prison sentences. The severity of the charges can also depend on the individual’s criminal history and the circumstances surrounding the arrest, such as possession near a school or involving minors. Drug possession and trafficking charges are serious criminal offenses that can have significant consequences on an individual’s personal and professional life.
Defenses Against Drug Possession and Trafficking Charges
To defend you against these charges, your criminal defense lawyer may argue that the drugs were not in your possession or that law enforcement conducted an illegal search and seizure, which led to the discovery of the controlled substance. In the United States, the Fourth Amendment to the Constitution protects individuals from unreasonable searches and seizures. If a search was conducted without a warrant or without meeting certain exceptions to the warrant requirement, it could be considered illegal. As a result, any evidence found may be suppressed and not used against you in your case.
Drug trafficking charges can be fought by demonstrating that you did not have the necessary intent to be charged with drug trafficking. Your defense lawyer may argue that you did not know that the substance was illegal or that they were not aware of the volume of drugs in your possession.
Your lawyer could also present evidence that suggests you were coerced or forced into this alleged drug trafficking activity. This could include testimony from witnesses who saw you being threatened or manipulated into participating in illegal activity or evidence of physical or psychological abuse that you experienced.
What are the Penalties for Drug Trafficking in Georgia?
The consequences of drug trafficking depend on the type of drug involved, the amount, and the offender’s criminal history. For instance, a conviction for trafficking cocaine weighing 28 grams or more, but less than 200 grams, you can face a mandatory minimum of 10 years and a $200,000 fine. In comparison, trafficking marijuana carries a minimum mandatory sentence of one year and can climb up to 30 years.
Plus, a drug trafficking conviction in Georgia can impact your career prospects and limit future opportunities. Employers often conduct background checks on new hires. A drug trafficking conviction will show up on your criminal record. This can make it difficult to find employment in certain fields, such as healthcare, education, and law enforcement. Even in industries that are less strict about criminal records, a drug trafficking conviction can still be a red flag for employers and hurt your chances of getting hired or advancing in your career.
Role of State Laws and Federal Law in Georgia Drug Trafficking Crimes
Generally, state laws govern the possession, distribution, and trafficking of drugs within the state of Georgia, while federal law governs drug trafficking across state lines and international borders. Georgia state law imposes specific penalties for drug offenses such as possession, distribution, and trafficking of cocaine, marijuana, methamphetamine, and other controlled substances. However, the laws and penalties for federal drug trafficking laws can be different.
Contact a Georgia Criminal Defense Attorney
If you or someone you know is facing drug trafficking charges with an attempt to distribute, it is crucial to seek the representation of an experienced criminal defense lawyer. Contact Joshua J. Smith, Attorney at Law, by calling us at (706) 217-2095 or following out our contact form.