Top Rated Criminal Defense for all Drug Charges

Actual possession of drugs is the term used when police officers find drugs in a person's possession, such as in their hand or the pockets of their clothing. Constructive possession is the term used when a person has access to drugs or exercises control or has knowledge about the drugs, such as drugs in a bag in a car or in the room of a house. Either constructive possession or actual possession of drugs could result in a conviction for a drug offense, however, any time there is constructive possession there are multiple defenses that could be examined, including an equal access defense. Additionally, any time drugs are found seizure and search are issues that need to be fully investigated.

A drug offense could be a misdemeanor or felony offense, either type of offense carries a risk of jail or prison time. The facts of the case and the individual's specific circumstances will determine how significant the risk of confinement if convicted of a drug offense. Also, what offense the person is charged with can determine the risk of confinement. A criminal defense attorney will examine the charges, the facts of the case, and all potential defenses to determine the risk to that individual. Additionally, even if a person is convicted there are alternatives to confinement and even alternatives to a conviction appearing on their criminal history for the rest of their lives.

In Georgia there is a general first offender pursuant to O.C.G.A. § 42-8-60 and a conditional discharge pursuant to O.C.G.A. § 16-13-2, both of which are potentially available to a person that is charged with certain types of drugs offenses. Whether first offender or conditional discharge is allowed will be determined by the specific charges and the individual's criminal history. The benefit of either option is that an individual that successfully completes either a first offender or conditional discharge sentence can avoid a criminal conviction for those charges under Georgia law. That means that a person can potentially avoid having a drug or felony conviction on their permanent criminal history.