First-Time Drug Charges in Columbus, Georgia: What to Expect

Anyone can make a mistake and get caught with drugs. Your life shouldn’t be ruined because of it. Helpfully, Georgia law provides options for those facing first-offense felony drug charges. Nearly all possession cases in Georgia are felonies, so it is critical that those facing these charges know what to expect.

Contact a Columbus criminal defense lawyer at Moffitt Law, LLC to go over the evidence and review your options. Our firm has successfully handled many cases for first-time offenders, and we want you to know you are in good hands.

Drug Possession is a Serious Crime

Georgia has continued its War on Drugs, and part of its aggressive approach is to hammer defendants with severe penalties for possessing even small amounts of controlled substances. Anyone accused of drug possession is likely facing felony charges, which means years in jail, fines, probation, and other penalties. Furthermore, a felony conviction has many negative downstream consequences, including job loss and the inability to vote or hold public office.

Getting arrested is scary. You should call an experienced criminal defense lawyer to represent you in court.

The good news is that the state realizes that many defendants charged with a first-time drug offense are not a grave risk to the public. They made a mistake, and some might have an addiction. But they are not drug kingpins who are causing death around Georgia. For this reason, you might qualify for a sentencing alternative, with deferred adjudication or conditional discharge being the two most common options.

Deferred Adjudication Under the Georgia First Offender Act

A defendant facing a first-time drug offense might qualify for deferred adjudication under Georgia Code § 42-8-60. Under this law, a judge can withhold entering a judgment of guilt and place the defendant on probation.

The defendant must then successfully complete the terms of their probation. If successful, then the judge will exonerate the defendant and seal their record. That means you will not have a conviction or a public record. In a sense, you get to start over without this possession charge on your record.

However, if you violate a term of probation, the judge may enter an adjudication of guilt, so meeting all obligations is essential.

Conditional Discharge

Felony drug charges for first-time offenders might be deferred and ultimately dismissed, pursuant to Georgia Code § 16-13-2. This law allows a person without a prior drug conviction to defer their proceedings without entering a judgment of guilt and be placed on probation.

Probation consists of a list of obligations, which will include undergoing a treatment program, possibly for up to three years. Once a defendant fulfills the conditions of their probation, the court will dismiss the charges.

A conditional discharge is an excellent result for many first-time offenders. The treatment program can help many people get on top of their addiction, and having charges dismissed will make it easier to go forward in life without a conviction.

Not everyone is eligible for conditional discharge, however. Be sure to discuss this option with your criminal defense lawyer.

Other Options for First Offense Felony Drug Charges

Depending on the facts, a first-time offender might have other options, such as asking a judge to dismiss the charges. For example, the police might have performed an illegal search and seized evidence without a warrant or made an arrest without probable cause.

We can ask the judge to dismiss charges, in which case a client will not need to undergo either a deferred adjudication or a conditional discharge process. That would mean you are free and clear to go about your life without any need for probation.

It is critical that anyone suspected of possession drugs decline to give consent to a search of their house, car, or possessions. Make the police get a search warrant. Also, refuse to give any statement to the police, even if they arrest you and take you to the police station. Any information you offer up could get twisted all around and then be used in the case against you.

Call Our Office to Hire the Right Criminal Defense Lawyer in Columbus, Georgia

Any arrest is terrifying, especially if you have never had contact with the criminal justice system before. Call Moffitt Law, LLC as soon as you can. Our firm will discuss your legal options, including whether to fight the charges or seek a sentencing alternative. Our goal is to get the best disposition for you as possible. Call or contact us online to schedule a consultation.