David West & AssociatesMarietta Criminal Defense Attorney - Drug Crimes, Atlanta GA2024-03-13T15:27:42Zhttps://www.westdefense.com/feed/atom/WordPress/wp-content/uploads/sites/1100252/2022/06/cropped-siteicon-32x32.jpgOn Behalf of David West & Associateshttps://www.westdefense.com/?p=479842024-03-13T15:27:42Z2024-03-11T15:25:39Zwas terminated from his job.
Officer’s DUI arrests were suspicious
In this unusual situation, an investigative news team found the a police officer made double the number of DUI arrests in 2023 – his first full year on the job – than any other officer in his department. In some instances, people were arrested for DUI due to drugs even though no drugs were found.
People who were arrested proclaimed their innocence. In one case, the officer stated he saw signs of intoxication claiming the driver’s eyes were bloodshot. In addition, he asserted that the driver had failed field sobriety tests. She protested the allegation that she was under the influence of drugs and agreed to take a blood test. The charges against her were later dismissed as were many others.
A trainer at the Georgia Public Safety Training Center’s impaired driving course stated that the officer’s bodycam footage suggested he behaved in a questionable way when he took part in police training in September 2023. After an internal investigation, the officer was fired. His pending cases are being reassessed.
DUIs can be successfully fought in court
This might be viewed as an extreme example of how DUIs and the evidence proving them can be analyzed from the accused person’s perspective, but there are other issues that can arise in a case. The reason for the traffic stop might not have been conducted according to the law or the tests could be faulty. It is imperative to look at every aspect of a DUI case to try and find solutions to avoid a conviction.]]>On Behalf of David West & Associateshttps://www.westdefense.com/?p=479822024-02-27T14:57:23Z2024-02-26T14:47:53Zyou have a right to refuse these tests. This is common. Many drivers do not realize that they can refuse field sobriety tests and end up taking them because they believe they must.
If you find yourself in this situation, here are some tips that can help you pass field sobriety tests to show you are sober. Even if you have had a couple drinks and are under the legal alcohol consumption limit, your nerves may cause you to fail the tests.
Take a deep breath and relax
Although relaxing may feel impossible given the situation, deep breaths will help your mind focus and keep your cool during the tests.
Listen carefully to all the police officer’s instructions. Do not interrupt the officers or try to fight with them about the situation. The only time you should speak with them is to ask them questions if you are confused about any of their instructions.
It is extremely important to follow their instructions. Missing even a tiny piece of instruction can cause them to believe you are intoxicated.
Keep your balance
Many of the field sobriety tests are designed to observe your balance and loss of coordination is a major sign of intoxication. If you can keep your balance, it will go a long way toward appearing sober.
Do not try to cheat the tests. Do exactly as the officer says. Do not start the test early or purposely go too fast through it believing that will help you pass.
Field sobriety tests are not reliable indicators of intoxication. If you fail them, request a blood or breath test if you truly believe you are under the legal alcohol limit. These tests will accurately reveal your blood alcohol content.]]>On Behalf of David West & Associateshttps://www.westdefense.com/?p=479802024-02-09T17:48:05Z2024-02-12T17:45:44ZPrescription drug crimes
Prescription drug crimes can involve several types of illegal activity. If you obtain or distribute medications without a valid prescription, by selling them to others, for example, that is considered illegal possession and distribution.
Also, if you change the quantity or type of medication on the prescription, steal medication from a hospital or pharmacy, or visit several doctors to obtain multiple prescriptions you could face consequences. Patients are not allowed to have larger quantities of medication than would be normally prescribed by their healthcare provider.
It is also against the law to buy prescription medication from unlicensed online pharmacies and to illegally manufacture or produce them.
Penalties and potential defenses
The penalties for a prescription drug crime can vary depending on the quantity of drugs involved and the circumstances of the case. Generally, you could face fines, probation and prison time.
Fines can be thousands of dollars and a prison sentence can range from months to years. If you are granted probation, you will have to meet certain conditions set by the court.
There may be several defenses available. These include demonstrating that you had a valid prescription, either through the prescription itself or through medical records.
Also, if you can show that you did not intend to possess or distribute the drugs illegally, were subject to an illegal search and seizure by police, or that there were issues with evidence in the chain of custody, those may also be a defense.]]>On Behalf of David West & Associateshttps://www.westdefense.com/?p=479782024-01-30T12:43:17Z2024-01-30T12:43:17Zit can be revoked in certain circumstances, including specific criminal convictions.
Understanding felony disenfranchisement
Felony disenfranchisement refers to the practice of denying voting rights to individuals convicted of a felony. The Sentencing Project, a nonprofit advocating criminal justice reform, reports that over 5.8 million Americans face disenfranchisement due to felony convictions, affecting approximately 2.3% of the voting-age population.
What about Georgia?
Georgia, unfortunately, holds one of the highest rates of felony disenfranchisement, affecting 3.8% of its voting-age citizens. More than 266,000 individuals in Georgia are unable to exercise their right to vote due to felony convictions.
Impact of drug possession convictions on voting rights
In Georgia, the law stipulates that individuals convicted of a crime involving moral turpitude lose their voting rights until the completion of their sentence. However, the law does not distinctly define moral turpitude, resulting in the application of voting rights loss to all felony offenses, irrespective of the crime’s nature or severity.
Consequently, a drug possession felony conviction in Georgia leads to the forfeiture of voting rights until the sentence, including prison time, parole and probation, are fulfilled. Additionally, the individual must settle all associated fines and fees before the restoration of voting rights.
What about misdemeanors?
For drug possession misdemeanors in Georgia, voting rights remain unaffected. However, those incarcerated for misdemeanors need to request an absentee ballot from facility administrators and register to vote, if necessary.
Restoring voting rights
Upon completing the sentence for a drug possession felony in Georgia, individuals can regain their voting rights by re-registering to vote. Online registration is available for those with a valid driver’s license or identification card from the Georgia Department of Driver Services. Alternatively, individuals without a Georgia driver’s license or ID card can submit a mail-in application or register in person at their county’s voter registration office.
When registering to vote, no proof of sentence completion is required. However, it is advisable to retain documents confirming the fulfillment of prison time, parole, probation and payment of all fees and fines in case of eligibility disputes.
]]>On Behalf of David West & Associateshttps://www.westdefense.com/?p=479762024-01-15T07:24:16Z2024-01-15T07:24:16ZGeorgia marijuana laws
In Georgia, the possession of low-THC oil has been decriminalized. This specialized form of medical marijuana, containing no more than 5% THC, is designated for treating specific medical conditions such as cancer, epilepsy, Parkinson's disease, etc. To lawfully possess low-THC oil, individuals must register with the Georgia Department of Health and obtain a Low-THC Oil Registry Card.
Conflicts with federal law
However, Georgia maintains strict prohibitions on the cultivation, production or sale of marijuana in any form. Consequently, registered users of low-THC oil may encounter challenges sourcing it legally, potentially leading to violations of federal law. The transportation or mailing of marijuana across state lines, a likely avenue for obtaining the substance, is a federal offense.
Federal marijuana laws
Despite evolving state laws, the federal stance on marijuana remains stringent. The Controlled Substances Act categorizes marijuana as a Schedule I substance, alongside substances like heroin, LSD, etc. Any involvement in possessing, growing, selling or distributing marijuana becomes a federal offense with severe penalties.
Compliance with Georgia's low-THC oil law does not exempt individuals from potential federal prosecution. The Drug Enforcement Administration and the Federal Bureau of Investigation possess the authority to arrest and charge individuals irrespective of state-level legality.
Factors influencing federal concerns
The prospect of federal prosecution for Georgia marijuana charges hinges on various factors. Large-scale or interstate operations involving significant quantities of marijuana attract federal attention. The location and manner of obtaining marijuana, especially if crossing state lines, increases the likelihood of federal intervention. Cases involving violence, firearms, organized crime, money laundering or threats to public safety become federal priorities.
While federal authorities typically focus on cases with extensive criminal dimensions, individuals should remain vigilant. Federal intervention can extend beyond large-scale operations, and recent instances, such as the DEA’s notice to pharmacies in Georgia restricting low-THC oil distribution, underscore the potential complexities.
]]>On Behalf of David West & Associateshttps://www.westdefense.com/?p=479722024-01-03T07:17:26Z2024-01-03T07:17:26Zsuch as drug possession.
Unfortunately, jail or prison sentences are more likely to keep people in the cycle of addiction. However, court-ordered rehabilitation or treatment programs exist to help people treat their addiction, get into recovery and move forward with their lives.
Georgia’s pre-trial diversion program and its requirements
Georgia has a pretrial diversion program that serves as an alternative to a criminal sentence. To qualify for this program, you must be a first-time offender with no previous arrests or convictions for a misdemeanor or felony offense.
However, sometimes exceptions are made. Pretrial diversion could be offered if you have arrests on your record but no convictions or were only convicted of minor traffic violations.
One final requirement is that you must not have already participated in any other programs and have no other pending criminal charges.
The pretrial diversion program generally involves attending counseling or taking classes designed to help you obtain sobriety and become a productive member of society.
If you successfully complete the pretrial diversion program, the judge signs a dismissal order and your drug charges are dismissed.
Helping you avoid becoming part of the system
Struggling with drug abuse and addiction increases your chance of ending up involved with the criminal justice system at some point facing drug charges. Once you are charged with a drug-related crime you become part of the system which is sometimes very hard to get out of.
Additionally, no matter what the ultimate penalties you receive are, having a criminal record is going to have a negative effect on many areas of your life. You may face trouble passing background checks, securing employment or renting a place to live. Some friends or family may now label you a drug addict and avoid or cut ties with you.
These are all reasons why it is important to mount the strongest possible criminal defense. There are several potential defenses available to drug charges and one or more could apply to your situation.
However, if it looks like a conviction is likely, it helps to have someone on your side to help negotiate the best possible outcome for you. A plea deal that includes attending the pretrial diversion program as part of its terms is a much better option than one that involves jail or prison time.
]]>On Behalf of David West & Associateshttps://www.westdefense.com/?p=479742024-01-04T16:26:55Z2024-01-01T16:20:56Zdog gives police information that they can use to claim probable cause and then search a person’s vehicle or other property. Of course, if the police find contraband, the target of their search will then face serious drug or other criminal charges.
The problem is that some studies have indicated that these drug detection dogs are not reliable. For example, an agency from another state cited studies suggesting drug detection dogs are inaccurate over 70% of the time.
More disturbingly, another study the agency cited showed that in over half of all uses, a drug dog falsely indicates the presence of drugs. The agency was discussing the use of drug detection dogs in treatment facilities.
Another issue is that even if a dog detects the presence of drugs correctly, the dog cannot tell when a person was last around marijuana or other controlled substances and cannot explain the circumstances of why a person was around drugs.
Atlanta-area residents should understand their rights with respect to drug dogs
Atlanta-area residents do have certain rights when police use a drug detection dog. For example, during a traffic stop, the police cannot unnecessarily delay the stop just so they can bring a drug dog to the scene.
If a person is facing a drug charge in Georgia in part because of a drug dog, they may have legal options for mounting a defense to the charges.
In some cases, it may be necessary for a person to fight charges, even if it is their first encounter with the criminal justice system. Mounting a defense to drug allegations can protect a person’s future professional and other opportunities.]]>On Behalf of David West & Associateshttps://www.westdefense.com/?p=479702023-12-19T15:04:48Z2023-12-15T15:04:32Zmarijuana is illegal for recreational use state-wide, but it has been decriminalized in some cities. Georgia also has a limited medical marijuana program that decriminalized low-THC cannabis oil for certain patients.
Medical marijuana
According to Georgia Code, Section 16-12-191, some patients with specified medical conditions can legally possess up to 20 fluid ounces of low-THC cannabis oil that contains no more than 5% THC and an equal or greater amount of CBD. To qualify for the program, patients must obtain a written certification from a physician licensed in Georgia and register with the Georgia Department of Public Health.
State-wide recreational marijuana laws
According to Georgia Code, Section 16-13-30, possession of marijuana can be a misdemeanor punishable by up to 1 year in jail and/or a fine of up to $1,000. It can also be a felony punishable by 1 to 10 years in prison and/or a fine of up to $5,000. However, some cities in Georgia have passed local ordinances that reduce or eliminate the penalties for possession of small amounts of marijuana.
Local ordinances
In Atlanta, possession of 1 ounce or less of marijuana is punishable by a civil fine of $75 instead of criminal charges. Similarly, in Macon, possession of 1 ounce or less of marijuana is punishable by a civil fine of $75 instead of criminal charges. This same penalty extends to Clarkston and Forest.
Other cities have followed suit, but their civil fines are larger. For example, in Savannah, possession of 1 ounce or less of marijuana is punishable by a civil fine of $150 instead of criminal charges. This is the same punishment in South Fulton, but Athens’ civil fine is one of the lowest at $35.
Does that mean recreational weed is legal in those cities?
Not exactly. To be clear, these are local ordinances that only apply within their city limits, and they do not change the state law. This means that possession of any amount of marijuana can still result in arrest and prosecution by state or federal authorities. It only means that the local police will not charge you. In theory, they could refer you to state or federal authorities for prosecution.]]>On Behalf of David West & Associateshttps://www.westdefense.com/?p=479682023-12-11T12:14:16Z2023-12-01T12:13:29ZParole conditions
Once you are granted parole, it’s likely that you will be expected to regularly check-in with your parole officer and seek employment or enroll in an education program. You may have to complete regular drug and alcohol tests and attend a counseling or treatment program.
Your parole conditions may include a restriction on contacting your victims or their families, owning or possessing a firearm and may limit the times of day you can be outside of your home. If you need to travel, your parole conditions may require that you ask permission first.
Violations
If you do not comply with the parole conditions, you could face several consequences including returning to prison. Usually, as a first step, your parole officer will submit a violation report to the parole board, and they may issue an arrest warrant.
You will be able to attend a hearing in front of the parole board to address the violations, including presenting arguments, evidence and witnesses. The parole board could decide to continue your parole with modified conditions or revoke your parole and send you back to prison to complete the remainder of your sentence.
You have a right to representation during this process.
]]>On Behalf of David West & Associateshttps://www.westdefense.com/?p=479662023-11-24T14:06:46Z2023-11-15T14:05:57ZDUI elements
There are several elements that must be met for a DUI conviction. The driver must have a blood alcohol concentration (BAC) higher than the legal limit. Law enforcement is authorized to conduct a field sobriety test to determine whether a driver is impaired.
When you obtain a driver’s license in Georgia, you are agreeing to submit to chemical tests, like a blood and breath analysis, if you are legally stopped on suspicion of DUI.
The penalties for DUI can vary, but a first offense usually involves a fine, potential jail time of up to one year, driver’s license suspension for one year, potential community service or completing a DUI program.
A second offense may result in a higher fine, minimum jail time, a longer driver’s license suspension and a requirement that your vehicle has an ignition interlock device installed. For additional offenses, you can face a felony.
Appeals process
To appeal a DUI conviction, you will need to file a notice of appeal with the court and gather all relevant documents, such as transcripts and other evidence from the trial record. You will need to submit an appellate brief, which includes the legal arguments to challenge the DUI conviction.
The court will review the trial record and the appellate brief before making a decision. It will either uphold the DUI conviction, reverse it, or it may send the case back to the trial court for further review.]]>