Cobb County Possession With Intent to Distribute Lawyer
Prosecutors typically use the amount of seized drugs, weapons, location of the arrest, cash, scales, and other circumstantial evidence to elevate possession charges to possession with intent to distribute. Such circumstantial evidence often holds up in civil court, since the burden of proof is low. But it often does not hold up during criminal trials, because the burden of proof is much higher. More on that below.
Prosecutors aggressively bring serious charges against defendants, and an aggressive Cobb County drug possession lawyer, like Andrew Schwartz, challenges the state’s evidence at every possibility. Ahead of pretrial hearings, our team identifies procedural defenses that whittle away at the state’s evidence. So, by the time of trial, the state must offer a favorable plea bargain agreement.
Jail Release Options
Since drug distribution charges are very fact specific, immediate jail release is critical to a successful criminal defense. A fast start makes a successful outcome much more likely. But defendants who are in jail have only limited contact with their Cobb County possession with intent to distribute lawyers. Therefore, an attorney’s investigation is limited as well.
No one wants accused criminals to rot in jail. But no one wants them to walk free unhindered. So, three possibilities are available in Cobb County:
- Bail Bond: Most defendants work with bonding companies to get out of jail. A bail bond is like an insurance policy. For a 10 or 15 percent premium, the bonding company assumes the financial risk if the defendant skips bail.
- Cash Bond: This financial risk is often substantial, especially in serious drug crime cases. However, if the defendant has the means, the defendant can put up the entire amount in cash. Then, when the case is over, the county refunds most of that money.
- Pretrial Release: OR (Own Recognizance) release usually is not available in felony drug crimes. But it is available in nonviolent misdemeanors, like drug possession. Essentially, if the defendant promises to follow all pretrial release rules, the sheriff releases the defendant.
These rules, which are roughly the same in all three types of pretrial release, include remaining in the county, appearing at all required court dates, supporting one’s dependents, and avoiding further legal trouble.
Plea bargains, which were mentioned above, resolve most, but not all, criminal matters. Most defendants have several trial options.
Bench trials are the most common alternative. The judge serves as both legal referee and objective factfinder.
The wait time for a bench trial is much shorter than the waiting time for a jury trial. The trials themselves are also shorter. They often take less than two hours, even in serious cases.
Now for the downside. As mentioned, judges are very objective. They have little or no sympathy for defendants. So, if a defense strategy hinges on such sympathy, a bench trial is probably a bad idea.
Jury trials feature a separate legal referee and factfinder. Defendants often wait several months for a jury trial that could take several weeks. Legal fees are therefore higher, but jurors may be sympathetic.
A slow plea is a combination of a plea and a jury trial. The defendant pleads guilty and a jury assesses punishment.
Contact a Diligent Cobb County Drug Crime Lawyer
Criminal cases have procedural and substantive defenses. For a free consultation with an experienced possession with intent to distribute lawyer in Cobb County, contact Andrew L. Schwartz, P.C. The sooner you reach out to us, the sooner we start fighting for you.