Savannah Drug Possession Defense Lawyers

Schedules III, IV, and V 

We now to start move into drugs that have progressively lower potential for abuse and addiction and which have been recognized as being medicinally beneficial. 

• Schedule III includes hydrocodone, ketamine, and testosterone.
• Schedule IV’s prominent examples are Xanax, and Valium, along with prescription uppers and downers of various brands and types.
• Schedule V deals with prescription drugs with limited levels of certain controlled substances to treat various diseases and conditions.

These drug schedules are important to a defendant, as they will have a determination about the charges filed and the sentences that can be imposed. If you are facing charges of drug possession, you need to get informed about your various options, and what to do to protect yourself. 

Call Schneider Lerch, LLC at (912) 417-5008 today.

Penalties for Possession of Controlled Substances

All controlled possession crimes are felonies, with the exception of those that involve small amounts of marijuana. The particular punishment for felony possession is determined by the type of drug involved. In addition, those who have previous drug-related convictions can incur harsher penalties.

The penalties for possession of a controlled substance include:

Possession of a Schedule I or Schedule II drug

Having less than one gram (or one ml of a liquid) is punishable by a prison term between one to three years and having up to four grams or ml carries a prison term between one year and eight years.

Non-Narcotic Schedule II Substances

Having less than two grams or ml of a liquid is punishable by a prison sentence of between one year and three years and having up to four grams or ml carries a prison term between one year and eight years.

Possession of Schedule III, IV, or V 

Possession of any of these substances is punishable by a prison term between one and three years.

When Charges Can Be Upgraded to Possession With Intent

Typically, if you only have a small quantity of a controlled substance in your possession for personal use, you will be charged with simple possession. However, when there is a significant amount of the drug in question, the charge can be upgraded to possession with intent. Other factors that may lead to upgraded charges include the presence of scales, small plastic bags, and a large number of cases when law enforcement found the drugs.

The Consequences of Possession With Intent

Penalties for simple possession are serious enough on their own. Yet, if you are convicted for possession with intent, your sentence can be increased substantially, potentially leading to years of imprisonment and thousands of dollars in fines. In addition, you will have a felony on your permanent record that will likely impact many future endeavors, such as getting a job, renting an apartment, or traveling outside of the U.S.

The specific punishment for possession with intent depends on several factors, including:

• The type of controlled substance.
• The amount of controlled substance in your possession.
• Whether or not the police found drug paraphernalia.
• Any previous drug-related offenses.

The range of penalties for possession with intent involving Schedule I and II drugs is between five and 30 years in prison for a first offense. Second and subsequent offenses can result in a 10 to 40-year prison sentence or even life. When the crime involves Schedule III, IV, and V drugs, the penalty is one to 10 years in prison.

We fight for “not guilty” verdicts. Call (912) 417-5008 or just use our online contact form now to get a strong Savannah drug possession defense attorney from Schneider Lerch, LLC on your side.

How To Beat a Possession Charge in Georgia

As a defendant, you hold certain rights. These include:

• The right to remain silent.
• The right to defend yourself.
• The right to an attorney.
• The right to due process.
• The right to be protected from being arrested with probable cause.
• The right to be protected from illegal search and seizure.

After an arrest, you need to exercise your rights, particularly the right to remain silent. There are many cases that become more difficult to defend merely because the accused answered questions, argued with police, made admissions, or other actions. Remain absolutely silent other than providing your name and address, and immediately tell the police you need to speak with your attorney and do not want to be questioned without your counsel present. Police cannot legally question you if you ask for an attorney and must wait until your defense lawyer arrives to continue. At that point, you are protected from making any statements that could harm your case.

Several potential defenses can be explored if you have been charged with possessing a controlled substance in Georgia. The most common defense is to challenge the officer's search and seizure methods or to question the identification of the drug. Other potential defenses include claiming that the substance was for medicinal or scientific use, or it could be argued that the accused did not possess the drug but had knowledge one was present. The attorneys are Schneider Lerch, LLC are experienced in these cases and can help determine your best defense.

Additionally, we can help you negotiate with the prosecution for lesser charges or reduced sentences. We may also be able to discuss alternative sentencing options, such as community service or rehab programs, which could result in the dismissal of the charge. We aim to protect your rights and strive to get you the best possible outcome for your case.

Conditional Discharges

If this is your first time being arrested for possession of a controlled substance, you might be able to obtain a conditional discharge. Instead of being sentenced to jail, a court may decide to impose a period of probation. If the terms of the probation are followed, and any additional requirements like attending a drug treatment program are met, your charges will be dismissed and will not be added to your record.