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Misdemeanor Marijuana Charges
If you've been charged with a misdemeanor marijuana offense, you may be feeling overwhelmed by the potential consequences. You should know that there can be severe penalties for a misdemeanor charge—including fines up to $1000 and possible jail time or probation period of up to 12 months. Additionally, you could face random drug screens or substance abuse evaluations as part of your sentence. It's important to understand your charges thoroughly - and an experienced lawyer can help prepare a defense that is tailored to the specifics of your case while making sure all legal options are explored on your behalf. In this blog we will discuss various aspects associated with misdemeanors related to marijuana charges so that you have all the necessary information before moving forward in court proceedings.
Overview of Georgia Law on Misdemeanor Marijuana Charges
Georgia law stipulates that Misdemeanor Marijuana charges apply when you are found to have less than an ounce of marijuana in your possession.
The legal definition of drug possession in the state of Georgia is having a certain amount or quantity of an illegal substance on one’s person or under their control. The amount, depending on the type of drug, may be enough to constitute a misdemeanor or a felony offense - for marijuana, anything an ounce or less is a misdemeanor, and anything above an ounce is a felony. Possession can include actual physical possession (such as having a bag of marijuana in your pocket) or constructive possession (such as having the drugs stored in a bag that is under your bed).
Those found guilty of the charge of misdemeanor levels of marijuana could potentially face a hefty $1000 fine and/or up to 12 months in prison or on probation. Furthermore, those sentenced may possibly be subjected to random drug screenings and/or substance abuse evaluations as part of the sentencing. Additionally, you will get a criminal record, and future employers could see the charges as part of your background checks. It is paramount to seek legal counsel if faced with these type of accusations as they attach the possibility of long term consequences.
Potential Penalties for a Misdemeanor Marijuana Charge in Georgia
If you have been charged with a misdemeanor marijuana charge in Georgia, it is important to understand the potential penalties that you may be facing. Under Georgia law, possession of less than an ounce of marijuana is considered a misdemeanor punishable by up to a $1000 fine plus fees, as well as 12 months incarceration or probation. While on probation, you must pay a monthly fee to the probation office for them to supervise you, report when required, and you cannot leave the state without their permission. Other stipulations associated with this charge could include random drug screens and completion of a substance abuse evaluation. You could also have to do community service. It is important to take these charges seriously as these penalties are issued with the purpose of deterring future such offenses. If you fail to do any of the things you were ordered to do as part of your sentence for misdemeanor possession of marijuana, you could go to jail for a few days or a few months.
Diversion Programs
Diversion programs for misdemeanor marijuana charges in the state of Georgia may offer individuals who are facing misdemeanor marijuana charges an opportunity to avoid serving jail time or having a criminal record. These diversion programs typically involve an application fee, and then once accepted, they will have you attending classes, completing drug treatment or educational programs, and/or performing community service. You will also be required to show negative drug screens for a period of time. If the individual successfully completes the program, they may be able to have their misdemeanor marijuana charge dismissed without having to do jail time or pay a fine. If not, then the case goes back into the normal criminal justice system, to be handled by a plea negotiation or trial.
It is important to understand that the prosecutor has discretion as to whether an individual will be allowed into the diversion program and ultimately whether their misdemeanor marijuana charge will be dismissed. Generally, you must not have any sort of prior record, other than non-serious traffic offenses, in order to be eligible for a diversion program. And you cannot get any new charges while on the diversion program. These programs last anywhere from a month to a few months. An experienced criminal defense attorney can help you evaluate your options and provide guidance on how to proceed.
Conditional Discharge Plea
In Georgia, a conditional discharge plea is an option available to individuals charged with drug offenses, including misdemeanor marijuana offenses. The conditional discharge plea allows the defendant to enter a guilty plea while agreeing to certain conditions imposed by the court. If all conditions are met within the specified period of time, usually six months to one year, then the misdemeanor marijuana charge will be dismissed. Common conditions include a fine, drug and alcohol testing, probation or parole supervision, community service hours, and drug education classes.
It is important to understand that if the defendant fails to comply with any of the imposed conditions then the misdemeanor marijuana charge may be reinstated and the defendant could face further proceedings without credit for having previously satisfied any of the conditions of the sentence. Additionally, you cannot use this plea option if you have any sort of guilty drug charges on your record.
Different Defenses Available to Fight a Misdemeanor Marijuana Charge in Georgia
In Georgia, there are a variety of defenses that can be used to fight a misdemeanor marijuana charge. Common ones include raising questions regarding entrapment, the legality of search and seizure, illegal stops by law enforcement, lack of evidence, hearings related to controlled substance acts, establishing an affirmative defense such as providing medical documents or a valid prescription, and more. Depending on the circumstances surrounding the case and the evidence acquired for a particular defense strategy, individuals charged with misdemeanors may have the opportunity to reduce their penalties or even completely avoid conviction. Consequently, anyone charged with any marijuana-related offense in Georgia should contact an experienced attorney right away to discuss potential defense options that give them their best chance at success.
Tips on How to Handle Random Drug Screens When You Have a Misdemeanor Marijuana Charge
As someone with a misdemeanor marijuana charge, dealing with random drug screens is an important part of navigating the legal system. It is important to remain aware of your rights, including being informed of all screenings that take place, as well as what types of screenings are allowed. Additionally, if requested by the court, it may be necessary to complete a substance abuse evaluation or participate in special programs. If a random drug screen does indicate positive results for marijuana use, it is crucial to be prepared with appropriate evidence and/or legal aid to mitigate any potential sentence attached to the original citation.
What Are the Benefits of Completing Substance Abuse Evaluation and Treatment Programs When Dealing with a Misdemeanor Marijuana Charge in Georgia
When dealing with a misdemeanor marijuana charge in Georgia, it may be highly beneficial to complete a substance abuse evaluation and additional treatment programs that are recommended as part of the program. Such an action can demonstrate genuine accountability for the past mistake and work towards demonstrating an effort for mitigating any potential sentence or financial penalties associated with the charge. Substance abuse evaluations and treatment programs can also provide aid in developing key life skills that help individuals stay away from potentially hazardous activities. Furthermore, they may provide ongoing counseling resources that could benefit the individual not just while dealing directly with their misdemeanor charge, but also as they continue on a positive trajectory in life.
At the End of the Day
Ultimately, misdemeanor marijuana charges in the state of Georgia carry significant penalties and should not be taken lightly. It is important to seek experienced legal counsel immediately if you or a loved one has been charged with misdemeanor marijuana possession in order to evaluate your best options for entering into a diversion program or fighting the charge at trial. An experienced lawyer can take steps to potentially reduce penalties or avoid a conviction altogether, and various defenses can help with avoiding convictions. While random drug screenings are common for those with a misdemeanor marijuana charge, there are steps to take in order to make this process easier. Finally, substance abuse evaluations and treatment programs may also benefit those going through the court system for a misdemeanor marijuana charge. With all this information in mind, it is possible to better understand the law regarding misdemeanor marijuana charges in Georgia and be proactive while navigating through the court system. Also, an experienced criminal defense attorney can evaluate your options and help navigate through what can be a complicated process.