Getting Charged with Drug Possession for Drugs Sent Through the Mail
In today’s world, you can order just about anything online. But if you order drugs from the dark web, it could trigger a criminal investigation. If authorities suspect something illegal in a particular package that is headed to your address, you might end up getting charged with drug possession. Yet, the mere fact of a package with your address on it does not necessarily prove drug possession, though it is a strong indicator. In this article, we’ll discuss some of the legal issues that can arise in Georgia drug possession cases involving mailed packages.
Under Georgia law, it is unlawful to possess a controlled substance
According to O.C.G.A. § 16-13-30, it is illegal for a person to purchase or possess a controlled substance under their control unless it is permitted by statutory provisions. Most statutory provisions criminalize activities such as delivering, selling, distributing, and possessing drugs with an intent to distribute.
Depending on the kind and amount of drugs involved in the case, the possible consequences can be very serious. Also, large quantities of drugs could serve as evidence of trafficking under Georgia law regardless of your intent. For instance, there are trafficking statutes for cocaine and some opioids in O.C.G.A. § 16-13-31.
Therefore, receiving a package with drugs can lead to much more than just possession charges.
Will the receipt of a package prove you knowingly possessed drugs?
A major question raised in most drug possession cases is whether the defendant knowingly possessed the drugs.
For instance, consider a package delivered to someone’s residence. There could be several people living there. The person could order something using another person’s name or address. Further, a resident could receive a package without knowing what’s inside.
The facts could play an important role if the prosecutors try to prove the connection between the defendant and the drugs found in the package.
Examples of evidence used to connect the defendant to the drugs in the package can include text messages, emails, online purchase history, payment records, tracking searches, or statements made by the recipient and actions taken by the defendant once the package was delivered.
What is controlled delivery?
Sometimes, in criminal investigations of drug deliveries by mail, authorities discover the package has suspected drugs before it gets delivered to the defendant’s address. In such cases, police officers do not confiscate the package; they wait till it’s delivered.
Afterward, they watch who receives and opens the package. At the same time, the delivery of the package could be an occasion to initiate a broader investigation and apply for a search warrant for the home or other property where the delivery took place.
However, the receipt of the package does not tell the entire story. A defense attorney would carefully analyze all the evidence collected by authorities to prove who ordered the package, who was aware of its contents, and who had control over it.
Defending a Georgia drug possession case
Drug cases involving mailed packages can include evidence collected during the search, in electronic communications, delivery records, and through surveillance.
A skilled Cobb County drug possession lawyer would analyze whether the government followed constitutional procedures while collecting evidence, and whether prosecutors could prove that the connection between the defendant and the controlled substance existed.
If you were accused of possessing drugs that were mailed to your address, you should take the charges seriously. Talking to a Cobb County drug possession lawyer is imperative.
Talk to a Cobb County, GA, Drug Possession Lawyer Today
Andrew L. Schwartz, P.C. represents the interests of Georgia residents who are facing drug possession charges. Call our Cobb County drug crimes lawyers today to schedule an appointment, and we can begin preparing your defense right away.
