What Are Common Defenses Against Drug Possession?

April 26, 2023

At Ryan Swingle Law, we have the experience needed to fight drug possession charges in Georgia.

Drug possession in Georgia can carry serious penalties, so if you've been arrested for drug possession, it's important that you understand your rights and the legal process. The good news is that various legal strategies are available to fight a potential drug possession charge.

What is Drug Possession Considered in Georgia? 

The Official Code of Georgia (OCGA) §16-13-2 makes it unlawful for any person to possess marijuana or controlled substances in the state. Therefore, if you are caught with a controlled substance such as cocaine, heroin, LSD, methamphetamine, ecstasy, or other illicit drugs, you could be found guilty of drug possession. To be found guilty of this crime in Georgia, the accused must have knowledge of the presence of the drug and control over them.

The penalty for a drug possession charge can vary depending on the circumstances and severity of the offense. Generally, these can range from fines to jail time. 

How to Fight Against Drug Charges in Georgia

In Georgia, several defenses are available to those accused of possessing drugs. Knowing your rights and building a strong case against the charges is important. The most common defense strategies used in drug possession cases include:

  • Addiction: This strategy involves proving that you have an addiction to the drug and were using it to treat a mental or physical impairment.
  • Entrapment: If the police entrapped you into committing a crime (such as buying drugs from them when they prompted it), this could serve as a valid defense in court.
  • Unknown Possession: If you had no knowledge that the drugs were stored in your home or vehicle, this lack of knowledge could be used as a defense.
  • Unlawful Search and Seizure Defense: If law enforcement conducted a search without a valid warrant or probable cause, this is grounds for dismissing the charges.

Knowing your rights and consulting with an experienced attorney can help you maximize your chances of success when fighting these charges in Georgia.

Get in Touch with an Experienced Athens Drug Crimes Attorney Today for Help

You should remember that every situation is unique, so you should seek the help of a professional who can provide you with the best course of action. At Ryan Swingle Law, we have the experience needed to fight drug possession charges in Georgia. We also understand how scary and overwhelming this process can be, so we are committed to reducing your stress significantly. Contact us today for a case evaluation.

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