A now-former elementary school employee turned herself in after a bag of cocaine was allegedly in her back-to-school gear.
On Friday, August 1, a custodian at Sallie Zetterower Elementary School found a small, clear bag containing a suspicious white substance on the floor of a commons area inside the school. The custodian told a supervisor, who alerted the SRO (school resource officer). The SRO promptly secured the substance and transported it to the Bulloch County Sheriff’s Office Crime Suppression Team (CST) for analysis. The substance was confirmed to be cocaine.
In full cooperation with law enforcement, Bulloch County Schools’ Safety Director, along with school administrators, reviewed footage from the school’s security cameras. This review led to the identification of a potential suspect — an adult employee of the school. The suspect is being charged with possession of cocaine and violation of controlled substance laws within a drug-free zone.
“At no point did any children come into contact with the substance,” the sheriff’s office said in a statement. “The safety of our students and staff remains a top priority for both the Bulloch County School District and the Sheriff’s Office. We commend the swift actions of school personnel and law enforcement in responding to this matter.”
Georgia Cocaine Possession Penalties and Drug-Free Zone Laws
Public perception about drug crimes has changed. While many people still believe drug trafficking is a serious problem, most people believe that drug use and possession is a health issue, not a criminal law issue. The changing perception makes it easier for a Marietta criminal defense lawyer to successfully resolve drug crimes cases. More on that below.
However, although public perception about drug use has changed, drug possession laws haven’t changed. The laws in place today still have their roots in strict 1990s laws which included long mandatory minimums and harsh sentences for small quantities.
Georgia’s cocaine possession law is a good example. Possession under one gram could mean one to three years in prison. If the mixture is at least one gram but less than four grams, then the penalty is a prison term between one and eight years. If the weight is between four grams and twenty-eight grams, then the prison term can be between one and fifteen years.
The law is particularly harsh for repeat offenders. These penalties double if the defendant has at least two prior cocaine possession convictions. Additionally, enhancements, such as possession in a drug-free zone, often apply.
Possession of cocaine within 1,000 feet of a school bumps up the penalties in drug cases. 1,000 feet is approximately the length of three football fields. Almost every corner in Marietta is within three football fields of a school. Additionally, way back in 1998, Atlanta officials designated about a half-dozen areas as commercial drug-free zones where, once again, penalty enhancements apply.
Search and Seizure Defenses in Georgia Drug Cases
The Fourth Amendment protects privacy rights. The expectation of privacy isn’t as great in a public place, like a school, as it is in a private place, like a home. Therefore, search and seizure requirements aren’t as stringent in schools and other public places. Nevertheless, SROs cannot spy on people or randomly search them. Some limits apply.
Did officers violate these limits in the above story? Probably not. They had probable cause to locate the owner of the derelict baggie of cocaine. Probable cause includes the power to push the “rewind” button and review camera footage.
We included this issue in this post because it’s an example of the “leave no stone unturned” approach of a Marietta criminal defense lawyer. Attorneys carefully review all the facts of a case, looking for loopholes and technicalities that make the difference between a favorable and an unfavorable resolution.
Arrest Warrants
Before we discuss these resolutions, we should touch on the issue of arrest warrants. These warrants aren’t subject to the statute of limitations. Once authorities issue arrest warrants, those warrants are valid until served. We routinely handle cases involving arrest warrants, frequently FTA (failure to appear) traffic warrants, that are at least ten years old.
If you have outstanding warrants, a Marietta criminal defense lawyer may be able to lift the warrant simply by filing paperwork. In other cases, defendants must voluntarily surrender. We grease the wheels of this process to make it as non-intrusive as possible.
Proving Drug Possession Cases in Court
“Possessing” drugs is not the same thing as “having” or “owning” drugs, especially in Cobb County criminal court. Prosecutors must establish three elements beyond any reasonable doubt:
- Actual Knowledge: This element of possession is normally difficult to prove, especially in vehicle possession cases. A defendant could literally be sitting on drugs and no possess them, if the actual knowledge requirement is absent. However, in the above case, this element seems rather straightforward.
- Exclusive Control: This element is usually difficult to prove as well. If officers bust a house party and find drugs in the living room, a case could be made that any guest exclusively controlled it. The state must prove that the defendant was the only person who exclusively controlled it.
- Close Proximity: A Marietta criminal defense lawyer must view the surveillance video to determine if the state could prove this element in the above case. The camera footage must clearly show the defendant’s face as she held a baggie of cocaine, not a black woman holding a baggie of something.
Additionally, video and other electronic evidence isn’t automatically admissible. The state must authenticate the evidence by laying the proper foundation. Additionally, a witness must testify, under oath, that the camera or other device was working properly. Finally, this evidence sometimes has chain of custody issues. Anything could happen to video evidence while it’s outside police hands.
If the state has proof problems with any drug possession element, or if an affirmative defense (e.g. entrapment) or a procedural defense (e.g. illegal search) could apply, a successful resolution is just around the corner.
Common resolutions in drug cases include pretrial diversion, deferred disposition, and drug court diversion. Program requirements and availability vary in different jurisdictions.
Pretrial diversion is a prosecutor-run program. If the defendant jumps through a few hoops, prosecutors dismiss the case. Drug court diversion is a similar program that focuses on drug treatment and other such issues. Deferred disposition is a special form of probation that usually ends with the dismissal of the case.
Drug cases have many moving parts. For a free consultation with an experienced Marietta criminal defense attorney, contact The Phillips Law Firm, LLC. Convenient payment plans are available.
