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4 Ways to Defend Yourself Against a Drug Holding Charge

— October 18, 2022

If you are charged with drug possession in Georgia, speak with an experienced criminal defense attorney to explore your choices and determine viable defenses.

If you are charged with drug possession in Atlanta, you could feel overburdened and unsure of what to do next. You are not alone, so don’t worry. Numerous people are taken into custody on drug possession accusations each year. That does not, however, mean that you will be found guilty. Understanding the many defense options available to combat drug holding allegations is crucial if you face drug possession charges.

We’ll discuss a few defense tactics in this article that can help you.

What Is Control Over a Drug?

Drug possession is illegal as a controlled substance in Georgia. Any drug that is forbidden to possess by state or federal law is a controlled substance. This includes illegal substances like methamphetamine, cocaine, heroin, and marijuana. You can face drug possession charges if you are discovered carrying a controlled substance.

Depending on the substance in question and the quantity discovered on the person, different penalties for drug possession exist in Georgia. All drug possession accusations, however, carry harsh penalties, including jail time and high fines. It’s crucial to discuss your alternatives with your lawyer if you’re charged with drug possession.

Possession of Drugs in Atlanta, Georgia

When drug crimes involve charges of drug trafficking, prison terms of 15 years are not unusual in the state of Georgia.

In addition to the suburban counties like Douglas County, Forsyth County, and Henry County, the courts in metro Atlanta also punish those found guilty of distribution or trafficking. This is especially true for highly addictive compounds like PCP, crystal meth, oxycodone, heroin, or crack cocaine, which is well-known.

Recognize that even a first-time drug trafficking conviction can result in incarceration and a felony criminal record. You only need to consult with the top criminal defense lawyers in my area if you are charged with a subsequent offense, especially if you are already on probation or parole.

Possession Categories

Possession charges can take several different forms in Georgia. When one individual or a group of individuals possess the substance for personal use, this is called simple possession.

Next is distributing, which includes selling or dispensing drugs to others. This is mainly based on the quantity, the packaging, and whether or not it is bagged separately. To ascertain whether people are selling drugs and to whom, police investigators frequently examine additional items such as scales, cash, and logbooks located nearby the drugs.

If accused of possession, it is crucial to speak with an experienced Georgia drug possession lawyer who can help reduce these potential charges.

Simple possession can nevertheless result in a range of sanctions that could have a devastating influence on the life of the person convicted, even though possession with intent to distribute is a considerably more severe accusation overall.

How to Fight Against Drug Charges in Atlanta: Defense Tactics for Drug Possession

Illegal Capture and Search

Illegal search and seizure is one form of defense that can work in your case. The Fourth Amendment of the US Constitution safeguards citizens from arbitrary government searches and seizures.

Any evidence uncovered during a police search of your house or vehicle without a warrant or reasonable suspicion may be eliminated from your trial.

This might be sufficient to have your charges withdrawn. It’s crucial to get an Atlanta drug crime lawyer if you were the victim of an unauthorized search or seizure, so they can guide you in taking the best possible course of action.


Entrapment is a different defense tactic that could be beneficial. This happens when the police persuade someone to commit a crime they otherwise would not have. Charges may be dropped if you can successfully demonstrate this, which can be challenging.


CRISPR Prevents Fatal Overdoses but Doesn't Address Addiction Causes
Photo by Jonathan Gonzalez on Unsplash

If you have an addiction, you might be able to get the right therapy rather than face criminal charges. Occasionally, a person accused of drug possession can plead addiction as a defense.

The charges against you may be lessened if you demonstrate that you have a drug or alcohol addiction and that you only had the substances in your possession for personal use and not for resale or distribution.

Drugs Belong to Another Person

A good defense tactic is to assert that the drugs were not yours or that you were unaware they were there. Your case might benefit if you demonstrate that you were unaware of the drugs’ presence.

If you are charged with drug possession in Georgia, speak with an experienced criminal defense attorney to explore your choices and determine viable defenses. With the proper protection, you might be able to have your charges completely dropped or reduced.

Defense for Drug Crimes in Atlanta

A conviction on drug-related crimes can result in a lengthy prison sentence, high penalties, and a permanent criminal record. Working with a knowledgeable Atlanta drug crime lawyer is crucial if you have been charged with a drug offense. The government pursues drug offenses vigorously, and the penalties can be severe.

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