As outlined below, the four major types of drug crimes in Georgia are public use, possession, drug manufacturing, and drug trafficking.
Back in the day, in the 1980s and 1990s, many Americans believed that drugs were a serious problem. Now, attitudes have changed. Marijuana is legal, at least for some purposes. Furthermore, many prescription painkillers are stronger than morphine or heroin. As a result, most people believe that drug abuse, and therefore drug crime, is a health and safety issue, not a criminal law issue.
The new attitude has not changed prosecutors’ attitudes. They still aggressively prosecute drug crimes, especially drug possession. But the new attitude gives a Marietta criminal defense lawyer added leverage during plea negotiations. Prosecutors may still abhor drug crimes, but they know jurors don’t share those views.
Drug Use
The Supreme Court has ruled that drug addiction is a status and therefore not criminal behavior. But persons who are under the influence of drugs in public could be charged with reckless conduct, which is Georgia’s version of drunk and disorderly.
D&D is a traffic citation in most states. But reckless conduct is a much more serious offense. It’s a misdemeanor punishable by up to one year in jail and/or a $1,000 fine. However, reckless conduct is also more difficult to prove than D&D. Typically, D&D laws apply if defendants are a threat to themselves or others. Walking across the street meets this standard.
Section 16-5-60 requires the state to prove, beyond any reasonable doubt, that the defendant consciously disregarded a substantial and unjustifiable risk that grossly deviates from the standard of care a reasonable person would exercise.
Usually, reckless conduct involves an imminent risk of death or serious bodily injury (e.g. driving recklessly, improperly handling firearms, or storing dangerous items where children could access them).
Frequently, Marietta criminal defense lawyers plead more serious drug cases, especially felony drug cases, down to reckless conduct. Since it’s a misdemeanor and not technically a drug crime, the direct and collateral consequences are much less severe.
Drug Possession
Over 85 percent of drug crime charges in Georgia are drug possession charges. This offense is usually a misdemeanor, although it could be a felony, depending on the amount and type of drug.
Many defendants believe that drug possession cases are open-and-shut matters. But in reality, they have a number of moving parts. In criminal court, possession is:
- Close Proximity: This drug possession element is quite broad. Items don’t have to be within arm’s reach to satisfy the close proximity requirement. For example, any vehicle occupant is closely proximate to anything in the vehicle, even an item in a pickup truck bed.
- Actual Knowledge: Remember the Brittney Griner drug possession saga? Authorities in Russia found illegal drugs in her luggage. She claimed she didn’t know the drugs were present. This defense didn’t hold water in Russia, but it could hold up in court in Cobb County.
- Exclusive Control: Let’s go back to the vehicle example. If Tim is in the back seat, he doesn’t have exclusive control over an item under the driver’s seat or in a licked glove compartment. The state would also be hard-pressed to prove actual knowledge in these situations.
Once again, the state must prove each element beyond any reasonable doubt. That’s the highest burden of proof in the law.
Possible alternative resolutions of drug possession charges include conditional discharge and drug court diversion.
In some first-time drug cases, a judge may offer a conditional discharge, allowing the defendant to enter a treatment program. If the program and probation are successfully completed, the judge dismisses the case.
Most large counties, such as Cobb and Fulton Counties, have designated drug courts. These courts often treat drug possession as health and safety issues. Alternatives include treatment and counseling for eligible individuals with substance abuse problems.
Drug Manufacturing
Meth cooking may be the most common drug manufacturing charge in Georgia. Common drug manufacturing defenses include jumping-the-gun offenses and Fourth Amendment violations.
Meth ingredients include ephedrine or pseudoephedrine (Sudafed), red phosphorous, hydrochloric acid, anhydrous ammonia, drain cleaner, battery acid, lye, lantern fuel, and antifreeze. The fumes, vapors, and spillage of this combination are toxic and explosive. Individually, these ingredients are safe and legal.
If officers converge before the defendant assembles all ingredients, drug manufacturing charges may not hold up in court. However, even the best Marietta criminal defense lawyer would be hard-pressed to explain why a defendant bought a large quantity of drain cleaner or antifreeze.
The Fourth Amendment prohibits unreasonable, warrantless searches. Under current law, exigent circumstances are an exception to the warrant requirement. If police officers reasonably believe someone is in danger, they may enter a dwelling without a warrant to perform a security check.
Usually, police officers don’t stumble upon meth labs or other drug manufacturing operations. Instead, a confidential informant blows the whistle. Usually, these informants receive cash payments or leniency in another matter in exchange for their testimony. Many people will say almost anything for love or money. Therefore, unless the informant provides some corroborating information or has a good track record, these informants are almost always unreliable.
There’s a difference between reliable and accurate. A broken clock is accurate twice a day, but a broken clock is unreliable.
Drug Trafficking
Sometimes, drug trafficking offenses involve multi-state, or even multi-national, surreptitious networks. More commonly, however, drug trafficking is someone giving leftover pain pills to a friend or work colleague. Both these offenses are serious felonies. Furthermore, both offenses carry the dreaded “drug trafficking” label.
Fifth Amendment violations plague many drug trafficking cases. Under current law, police officers must Mirandize defendants before custodial interrogation begins. “Custody” means the defendant doesn’t reasonably feel free to leave. Most people don’t reasonably feel free to leave if they voluntarily go to a police station to answer questions.
Even the most serious drug crimes, such as drug trafficking, are usually eligible for First Offender Act probation (a/k/a deferred disposition). If the defendant successfully completes probation, the judge dismisses the case, leaving the defendant with no conviction record.
The crimes of drugs in Georgia have serious consequences. For a free consultation with an experienced Marietta criminal defense attorney, contact The Phillips Law Firm, LLC. Convenient payment plans are available.
