Drug-Free Zone Charges in Georgia: Why Location Can Make a Drug Case Worse
A Georgia drug charge can escalate greatly based on its location at the time of the crime. There are some circumstances wherein prosecutors can pursue additional measures when the offense happened within the boundaries of a particular area referred to as a drug-free zone.
Surprisingly, many do not know that location can make your drug case worse, despite the same quantity of drug being found. Those who have drug charges in Cobb County should be well-informed about Georgia’s drug-free zones.
What is a drug-free zone in Georgia?
Under Georgia law, the commission of certain drug-related crimes in close proximity to areas frequented by children and families results in the imposition of increased criminal penalties on the accused person. Drug-free zones refer to areas where the crime was committed.
Some of the drug-free zones include:
- A schoolyard or any other property owned or controlled by a public or private elementary, vocational training, secondary, charter, high school, or junior college
- A recreation center
- A park
- Public housing facilities
- A playground
Charges that can trigger enhanced penalties
The following crimes can attract drug-free zone enhancements:
- Possession of drugs for the purpose of distribution
- Drug trafficking
- Selling drugs
- Manufacture of illegal drugs
A simple possession charge might not qualify for an enhanced penalty, but one for distribution or trafficking definitely would.
For instance, a person charged with selling drugs close to a school or park might receive an extra-long jail sentence due to the crime being committed in a drug-free zone.
How prosecutors attempt to prove a drug-free zone violation
In many cases, the prosecution depends on maps, measurements, surveillance, or the testimony of an arresting officer to prove that the crime took place in a protected zone.
But proving a violation of a drug-free zone is not always easy because of several issues, such as:
- The distance of the alleged crime from the protected zone.
- Whether the particular area is qualified to be termed a protected zone.
- Whether the accused person was aware about his proximity to that particular zone.
- If the act happened inside the designated area.
Since there are technical questions regarding the law involved, the matter deserves a proper examination of evidence.
Why drug-free zone charges matter
Enhanced punishment can lead to serious consequences in a criminal matter. If someone is found guilty of a drug-free zone charge, they could receive:
- A harsher jail term
- Heavier fines
- Less chance of probation
- Additional penalties for felonies
- Difficulty in reaching an agreement
An individual without any criminal record might also face serious penalties if he is charged under a drug-free zone enhancement.
Talk to a Marietta, GA, Drug Possession Lawyer Today
Andrew L. Schwartz, P.C., represents the interests of Marietta residents who have been accused of drug possession or trafficking in a drug-free zone. Call our Cobb County drug crimes lawyer today to schedule an appointment, and we can begin preparing your defense right away.
