Drug Possession Lawyer Atlanta
Drug possession lawyer Atlanta – Drug possession laws state that it is a crime to possess illegal controlled substances. Some examples of these include marijuana, methamphetamines, cocaine, LSD, heroin, etc. Drug possession laws can also include paraphernalia. The laws surrounding these charges are tricky and should not be faced without a good criminal defense lawyer.
The laws and penalties can vary based on the type of drug, the amount, and your location. Although these charges are serious, the burden of proof lies with the prosecutor and the prosecutor must be able to prove beyond a reasonable doubt that you knew the drug was illegal and that you knew you were in possession of it. Drug possession charges fall into two different categories- simple possession and possession with intent to distribute.
Simple possession indicates that you were only in possession of an amount small enough for personal use, while possession with intent to distribute indicates that you were in possession of a much larger amount. Possession with intent to distribute carries much harsher punishments and penalties.
Although these charges should not be taken lightly, there are several ways your defense lawyer can help build a good defense for you. The first is unlawful search and seizure, which is a violation of your Fourth Amendment rights. Another is to build the defense that the drugs belonged to someone else. If you did not know about or have control over the drugs, it will be much harder for prosecutors to prove the charges. Crime lab analysis and “missing drugs” are also good defenses. The drugs must be sent to a crime lab, be tested, and test positive for the drug prosecutors are claiming you had possession of. The crime lab analyst must then come testify at your trial. Similarly, prosecutors should be able to produce the drugs at your trial as evidence in order for you to be prosecuted. Other defenses that can be used but are harder to prove are that the drugs were planted and entrapment.
Kyle is a skilled criminal defense lawyer and has successfully defended many clients against drug possession charges. He will take the time to go over all the facts of your case and build the best defense possible for you. He knows some drug possession charges are best negotiated with a prosecutor while others are best handled through a trial. Call Kyle today and he will work with you to achieve the best possible outcome for your case.
