Can A Passenger Receive A Drug Charge If Drugs Are Discovered In The Car?
If you’re a passenger in a motor vehicle, you can be charged with possessing drugs. Often, there are drugs in a car that are found underneath the seat or hidden somewhere. If the officer detects the drugs, typically the driver and the passenger will both be arrested on the same drug related charge.
What Is Considered Possession, Sale, Distribution And Intent To Distribute Drugs Under Georgia Law?
A charge of possession of drugs with intent to distribute is very serious. There are big enhancements when it comes to jail time and huge fines, usually in the hundreds of thousands of dollars. It’s usually a scenario where a citizen is caught with drugs that are packaged for sale or when someone possesses certain items that show that they have an intent to sell, such as a scale. These cases require an attorney who has experience because of the severity of the penalties.
What Are The Penalties For Drug Convictions Under Georgia State Laws?
For a misdemeanor charge, like possession of less than one ounce of marijuana, the citizen would be facing up to one year in jail and a $1,000 fine. If it’s a felony conviction, there is a wide range of different penalties depending on what the Schedule of the drug is. Schedule One and Two are the most serious Schedules and it also depends on whether there was possession or possession with intent to distribute. Generally speaking, penalties start with one or more years in state prison and can go up to over 20 years in state prison.
- How Do Police Test For The Presence Of Drugs In A Person’s System?
- How Are Drug Charges Determined To Be A Misdemeanor Or A Felony?
Are There Any Alternative Programs Available For First Time Drug Offenders In Georgia?
In Georgia, there are alternative programs for a first time offender. One of those would be the First Offender Act. If someone pleads guilty under the first offender act, provided they’ve never pled under the First Offender act before, then that translates to them not having a conviction once they complete the probation period with no problems. There’s also another vehicle that can be used in a drug case, which is called conditional discharge. The citizen completes, under a conditional discharge, a probation period and does what the judge tells him to do, as far as treatment. At the end of the probationary period, the drug charge is dismissed. Lastly, some counties in Georgia have what they call a diversion program. A diversion program is for someone who’s caught merely in possession of drugs. It’s their first offense and it’s a six month program where they have meetings, take some classes, get some therapy, and undergo drug screening. If their attendance in the classes are all satisfied, they have a good attitude with the instructors, and they test clean on all the drug screens, at the end of six months, the charges are completely dismissed without any probation.
For more information on Passengers Receiving Drug Charges In Georgia, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (404) 681-4000.