What Happens After a Drug Trafficking Arrest in Georgia? The Criminal Process Explained

It can be overwhelming and frightening for someone to be arrested for the offense of trafficking in drugs in the State of Georgia. These types of charges are among the most serious that can be brought against someone. Conviction can have very serious consequences for the defendant, including mandatory minimum sentences in prison.

Arrest and booking 

The criminal process usually starts when an individual is arrested by local law enforcement authorities or a special drug task force. After an individual is arrested for the offense of drug trafficking, they are transported to jail and undergo the booking process. During the booking process, their personal details are noted, and their fingerprints and photographs are taken.

Depending on the circumstances surrounding the arrest, the suspect is held in jail until they are brought before a judge for their first court hearing.

First appearance and bond hearing

In Georgia, a defendant accused of a felony offense like drug trafficking has to make a first appearance before a judge, which typically occurs within 48 to 72 hours of arrest. In the course of the hearing, the defendant is informed about the charges against them and their constitutional rights by the judge.

One of the major considerations in the case at this stage is bond. In most cases involving a felony charge, the judge has to consider the defendant’s eligibility to receive a bond before the case is concluded. However, the defendant may find it difficult to receive a bond if the charge is related to drug trafficking. In such cases, the defendant has to apply to a superior court judge to arrange a bond.

Before approving a bond, the judge will consider:

• The severity of the charge leveled against the defendant
• The defendant’s criminal record
• The defendant’s connection to the community
• Whether the defendant is a flight risk

Grand jury indictment

Since drug trafficking is a crime, the case must be indicted by a grand jury. The grand jury is a panel of citizens who review the evidence submitted to them by prosecutors and decide if there is a probability of a crime having been committed by the defendant.

If an indictment is issued by the grand jury, the case proceeds to the superior court. If no indictment is issued, the charges are dismissed. However, those facing grand juries are almost always indicted on the charges. 

Pretrial proceedings 

Once you’ve been indicted, the pre-trial phase of your case begins. Defense attorneys can make motions to suppress evidence, usually in instances where there is doubt as to whether the police conducted illegal searches and seizures. If the evidence was collected illegally or in a way that violates your constitutional rights, the evidence can be excluded from the trial.

Negotiations between attorneys can also take place. It is possible that the defendant can plead and reduce the charges against them to avoid the most serious punishments.

It’s then that your trial will actually begin.

Talk to a Marietta, GA, Drug Trafficking Lawyer Today

Andrew L. Schwartz, P.C., represents the interests of Marietta, GA, residents who are facing drug charges. Call our Cobb County drug crimes lawyers today to schedule an appointment, and we can begin preparing your defense immediately.