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A drug possession charge can result in serious penalties. If you’re facing a charge, you need to know how to get it dismissed. In Georgia, there are several ways you can pursue having a drug possession charge dismissed. The Moffitt Law, LLC criminal lawyer team wants you to know how to get your drug possession charge dismissed.
1. Deferred adjudication or disposition
The Georgia First Offender Act (Georgia Code § 42-8-60) may allow you to receive a deferred adjudication of your drug possession charge. Deferral status means that you plead guilty and complete the terms of your sentence. If you are successful, your drug possession charges get dismissed. You are acquitted. The court seals the charge from your criminal record.
Qualifying for deferred adjudication through the Georgia First Offender Act is not automatic. You must ask for it, and the court must agree to it. A drug possession criminal defense lawyer can help you ask the court for this kind of treatment. Although it is a significant commitment, the result may be that your drug possession charge is dismissed.
2. Conditional discharge
Georgia law § 16-13-2 allows the court to order a conditional discharge for certain drug possession offenses. The court may determine the terms and conditions, including rehabilitation, medical treatment, and education about the benefits of good civic participation. If the person meets the requirements, the court dismisses the proceedings against them without a finding of guilt. A person may have only one deferral under Georgia law § 16-13-2.
3. Drug court
The State of Georgia authorizes courts to establish and operate drug courts. Participating in the Troup County Drug Court, Carroll County Drug Court, or another court may be a way to have charges dismissed.
Non-violent offenders who qualify to participate may receive treatment and judicially-supervised probation. The obligations associated with the program are significant – you may have court appearances as frequently as every other week, mandatory treatment, community service, and substance abuse testing. But the result may be that your charges or dismissed or significantly reduced.
If you think drug court may be the right way to have your drug possession charge dismissed, it’s important that you understand what’s involved. Our lawyers can help you understand how participating in the program may help you with your charges.
4. Motion to dismiss
Sometimes, the court will dismiss a drug charge over the prosecutor’s objection. The court may find that law enforcement violated the constitutional rights of the person being charged. The court may refuse to allow the state to present evidence gathered in violation of the constitution. In turn, that can effectively make it impossible for the state to continue to pursue the charges.
Law enforcement must have a valid reason to conduct a traffic stop and a search. As part of your defense, your criminal drug possession lawyer should review the actions of the police to determine if a motion to dismiss the charges is viable for you. If it is, they can comply with the requirements to raise this issue and question the police about their actions.
5. Prosecutorial dismissal
The state prosecutor has the authority to decide whether to bring criminal charges. They may agree to dismiss the charges without trial. Of course, this action by a prosecutor is unusual. You would have to present the state with a compelling reason to dismiss the charges, whether it is new evidence or a constitutional problem with the case.
Pursuing a dismissal from the prosecutor needs to be handled with tact – you don’t want to tip your hand to your defense strategy or make admissions about your case. If appropriate, your criminal defense lawyer can help you pursue this kind of dismissal.
6. Trial
A not guilty verdict at trial results in dismissal of the charges against you. If you are found not guilty, you do not receive a sentence, and there is no conviction. Your criminal lawyer can help you decide if going to trial is right for you and how to best approach a trial with your goal of having the charges against you dismissed.
Lawyers for Drug Charges Dismissal
When you need proven results, get help from a proven lawyer. Contact Moffitt Law, LLC to talk about your case. Our experience and expertise are second to none. Contact us today.
