Georgia has strict drug laws with penalties that change depending on the type and amount of drug involved. Possession of illegal drugs without a prescription is a felony. It can result in imprisonment from two to 15 years for a first offense if caught with Schedule I or II drugs and 30 years for subsequent offenses.
For lower schedule drugs, it’s one to five years for the first offense and one to 10 years for subsequent offenses. Possession of marijuana of more than an ounce is also a felony, with up to 10 years in prison and $5,000 in fines. A lesser misdemeanor charge and a fine of $1,000 result for possession of less than an ounce of marijuana.
Because of these heavy penalties, it’s important to remember that you have certain rights under the Constitution protecting you.
You have the right to remain silent
It might seem like talking to the authorities to clear your name is a good idea; however, remember that the police can misconstrue and interpret any statement you make incorrectly. Politely but firmly tell the police you wish to exercise your right to remain silent and will refuse to answer any questions without legal representation.
Politely refuse any search requests
Unless the police have a warrant, politely decline any request of the authorities to search you, your vehicle or your property. Warrantless searches are only allowed in certain exemptions, such as the hot pursuit of a suspect or if one can plainly see the object in question and have a legal reason to request a search. If you do not consent to a search, you can contest any evidence collected in a warrantless search, which may be inadmissible in court.
Document everything
If possible, record every detail of your interrogation or arrest. Remember the time and location of where you were when confronted by the police, their names, and badge numbers and the statements they made.
Consider legal counsel
A drug offense is a serious charge. Knowing your rights and seeking legal representation can help you explore the best options for your case.