Understanding Drug Trafficking in Georgia title

Understanding Drug Trafficking in Georgia

BUI (Boating Under The Influence)

Overview of Drug Trafficking Laws in Georgia

Georgia law categorizes drug trafficking as a major offense, whether it involves cocaine, heroin, methamphetamine, amphetamine, marijuana, fentanyl, or other controlled substances. The offenses are typically delineated by the quantity of the substance in question.

In our experience at Frye Law Group, understanding the subtleties of the law regarding these crimes is crucial for residents and anyone passing through our state. Trafficking a controlled substance, regardless of intent, can irrevocably change one’s life. A conviction weighs heavily, taking away one’s freedom for many years in most cases, which is why our commitment is to the rigorous defense of those accused.

What Is Drug Trafficking in Georgia?

In Georgia, drug trafficking is a critical legal issue that carries substantial consequences. Drug trafficking, under Georgia law, involves the possession, sale, delivery, or manufacturing of certain controlled substances beyond a certain quantity. 

How Drug Trafficking Charges Are Determined

The line between personal possession and drug trafficking typically depends on the amount and substance involved. Law enforcement—which includes local police, the Georgia Bureau of Investigation (GBI), and, in some cases, the Drug Enforcement Administration (DEA)—scrutinizes the quantity and type of drug to determine the severity of the charge.

  • Trafficking is committed with regard to cocaine when the substance found is in quantities of 28 grams or more.
  • The crime of trafficking applies to marijuana that is more than 10 pounds.
  • In the case of opium, morphine, heroin, and certain other circumstances, the crime of trafficking is committed when the substance is four grams or more in quantity.
  • The sale, delivery, or transportation of methamphetamine, amphetamine that is 28 grams or more, is considered trafficking.

Legal Penalties for a Drug Trafficking Conviction

The severity of the penalty for the offense hinges on the substance’s schedule category and weight. For instance, trafficking between 28 and 200 grams of cocaine could lead to a mandatory minimum sentence of ten years, with the possibility of it being up to thirty years. Punishment also comes with a fine of $200,000.

Trafficking between 200 grams and 400 grams attracts imprisonment of between 15 to 30 years and a fine of $300,000. For cocaine that is more than 400 grams, the punishment is a minimum term of imprisonment for 25 years along with a fine of a million dollars.

In the same vein, other substances like marijuana, heroin, methamphetamine, and amphetamines attract different minimum sentences depending on the amount being trafficked. Imprisonment for the trafficking of these drugs, as detailed in the O.C.G.A. § 16-13-31, cannot exceed 30 years of imprisonment and $1 million dollars in fines.

Impacts of a Drug Trafficking Conviction

Those convicted of drug crimes such as drug trafficking in Georgia face the possibility of several consequences beyond imprisonment and fines. It can:

  • Have a severe impact on future employment, housing, and educational opportunities.
  • Involve the forfeiture of assets such as cash and firearms related to trafficking.
  • Lead to negative immigration action, such as deportation or revocation of permanent residence.

Moreover, those convicted may face extended consequences on a federal level if the trafficking extends beyond state lines. This could be the case where the arrested individual is linked with an organized criminal entity that is known for operating across state lines. In such a case, accused individuals would face indictments in federal court and be subject to federal penalties if convicted. Federal penalties are often steeper than state penalties. 

For those seeking defense against drug charges, a drug crime defense lawyer from our Georgia firm can provide the assistance you need to navigate these steep charges.

Defense Strategies for Drug Trafficking Charges

Drug trafficking charges in Georgia hold severe consequences, sparking the need for robust defense strategies.

  • Unlawful Search and Seizure

Unlawful search and seizure tactics are a common ground for a successful defense. The Fourth Amendment guards against such invasions, and evidence tainted by illegality may be suppressible. Wiretaps, often central in prosecution, require strict adherence to legal standards. Any deviation from due process could render such evidence inadmissible.

  • Entrapment

Entrapment defense surfaces when individuals are coerced into committing a crime they would not normally undertake. We delve into the nuances of the situation, seeking out scenarios where law enforcement may have overstepped the mark to induce crime. It is essential to dissect the intent and role of the parties involved.

    • Substantial Assistance

    Substantial assistance—a nod to cooperation—could offer leniency. Those who provide valuable information about larger criminal enterprises may find some mitigation in their sentencing. This is a strategy that may be applied depending on the specifics of the case.

    • Negotiating a Plea Deal

    This requires the skill of an experienced criminal lawyer, as not all deals are truly beneficial to the defendant. One needs to consider whether the offer presented is just and whether it offers the most favorable way out in the case. We lay out all options on the table, weighing them meticulously, before accepting or rejecting a plea deal.

    How Frye Law Group Can Help

    Navigating the perilous waters of drug trafficking charges in Georgia requires a seasoned and dedicated professional. Our team brings a wealth of experience to the table, defending clients with zealous advocacy. Our deep understanding of the criminal justice system combined with knowledge of Georgia drug trafficking laws, equips us to handle your drug trafficking case. The many positive reviews from our previous clients are evidence of our skill and proficiency.

    Selecting a highly experienced attorney is not merely important; it’s critical. A conviction could steer the course of your life into treacherous waters. Engaging our experienced attorneys means an intelligence-driven defense strategy that balances aggressive advocacy with strategic negotiations.

    Our initial engagement begins with a thorough and free case evalulation, where every detail of your case is examined. Our approach is meticulous and client-focused, ensuring that we understand the case and your unique situation. Evidence is scrupulously reviewed, and we work hand-in-hand with you to forge a defense that withstands the tides of prosecution.

    Contact Frye Law Group Today for Your Drug Crime Defense

    Your defense against drug trafficking charges should start now. We invite you to schedule a consultation with us and let our experience pave the path to your legal defense. No matter the drug crime allegation you may be facing, our team is ready to provide the legal representation and guidance you need.

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