Can You Be Charged With Drug Trafficking Even If You Never Sold Drugs in Georgia?
Most folks tend to think that drug trafficking means the sale, transportation, or manufacture of drugs. However, the laws in Georgia have defined drug trafficking another way, whereby one can be charged with drug trafficking regardless of whether they sold, transported, or manufactured any drugs. As such, it is very important to understand what constitutes drug trafficking in Georgia.
Drug quantity matters
Unlike mere possession, drug trafficking usually relies on the quantity of the drug at issue. The law sets out specific quantities for different controlled substances in Georgia. These include cocaine, methamphetamine, heroin, fentanyl, marijuana, and some prescription drugs.
If the quantity of drugs in your possession exceeds the statutory threshold, you can be charged with trafficking even if the drugs were for personal use.
That is, a person can be charged with the most serious drug offense in Georgia solely due to the weight of a controlled substance.
No sale is required
Another common misunderstanding regarding drug trafficking charges is that the prosecution needs proof that a drug sale was made. That’s not the case in Georgia.
Based on the facts of each specific case, the prosecutor could be able to file charges for trafficking because of possession of a certain amount of drugs. Proof of sale itself may not be needed in some cases. This comes as an unpleasant surprise to many folks facing drug trafficking charges.
How do prosecutors build a trafficking case?
While weight can be an important factor, there are times when the prosecution may have more evidence to prove its case. These include:
- Lab results indicating what substance it was
- The total weight of the drug in question
- Packaging materials
- Digital correspondence (like text messages)
- A copious amount of money or any other indirect evidence
Statements that have been made during the investigation
In each case, the evidentiary situation varies with the specifics of the case.
Possible defenses
A trafficking charge does not mean automatic conviction. There can be several legal and factual problems that influence the decision in the case.
Thus, for instance, the defense can raise an issue concerning:
- Possession of the drugs by the accused person;
- Legality of the search and seizure;
- Validity of the lab test;
- Calculating the weight of the controlled substance by the prosecutor;
- Violations of the constitutional rights of the accused person in the process of the investigation.
Taking into account the aforementioned points, a detailed analysis of the prosecution’s case becomes necessary.
Early legal representation is important
Drug trafficking charges carry some of the harshest penalties in the State of Georgia. You could face jail time, hefty fines, and more. If you are charged with drug trafficking or other major crimes involving drugs, it is imperative that you act immediately and contact an attorney to represent you. All trafficking cases are different, and the sooner you secure legal guidance, the better.
Talk to a Cobb County, GA, Drug Trafficking Attorney Today
Andrew L. Schwartz represents the interests of Cobb County residents who have been charged with drug trafficking. Call our Cobb County drug crimes lawyers today to schedule an appointment, and we can begin discussing your next steps right away.
