The law office of Andrew R. Lynch, P.C. aggressively defends drug cases of all kinds.

Georgia law criminalizes knowingly selling, manufacturing, delivering, bringing into this state or possessing illegal drugs.  Common drug arrests and prosecutions focus on marijuana, cocaine, ectasy/MDMA, methamphetamine, amphetamines include marijuana.  Trafficking means.trading or dealing in these goods.  It is important to understand than in Georgia punishment is based on the weight of the illegal substance possessed.  The criminal intent however is based on simply  knowing you possess the substance and there is no requirement the State show you knew how much of the substance you possessed.  

For example, in a cocaine prosecution the crime is knowingly possessing cocaine, the prosecution does not have to show you knew that you possessed 28 grams, the minimum weight for a trafficking in cocaine prosecution, they only have to show you knew it was cocaine and the weight was over 28 grams.   

Georgia law with regards to drug trafficking varies drastically from drug to drug.  

Cocaine
To be prosecuted for cocaine trafficking a Defendant must possess at least 28 grams of Cocaine. Someone convicted of possessing this amount of cocaine would  be facing a minimum of ten years in prison and a $200,000 fine.  This prison sentence cannot be probated , suspended, or withheld, meaning the the judge must send you to prison if convicted of trafficking.  As the weight of illegal drugs increases the mandatory jail sentence and mandatory fine increase, for example someone convicted of possessing 400 grams of cocaine would be sentenced to twenty five  years in prison and a $1,000,000.00 fine.

Methamphetamine or Amphetamines
Similarly to cocaine trafficking, to be prosecuted for trafficking in methamphetamines  or amphetamines a Defendant must possess at least 28 grams of these substance. Someone convicted of possessing this amount of this drug would also be facing a minimum of ten years in prison and a $200,000 fine.  This prison sentence cannot be probated , suspended, or withheld, meaning the the judge must send you to prison if convicted of trafficking.  

MDMA/Ectasy
To be prosecuted for trafficking in ecstasy or MDMA a Defendant must possess at least 28 grams of MDMA.. Someone convicted of possessing this amount of cocaine would  be facing a minimum of three years in prison and a $25,000 fine.

Marijiunia
To be prosecuted for Marijuana Trafficking a Defendant must possess at least 10 pounds of Marijuana.  Someone convicted of drug trafficking must be sentenced by the court to a minimum of 5 years in prison and a $100,000 fine.  This prison sentence cannot be probated , suspended, or withheld, meaning the court must send you to prison if convicted of trafficking.  As the weight of illegal drugs increases the mandatory jail sentence and mandatory fine increase.

General Issues In Drug Prosecutions
Georgia law will not allow conviction in a drug case where the a Defendant is merely near drugs,
there must be more evidence linking the drugs to the Defendant than spacial proximity.  For example, in Benitz v. State, the Defendant was with someone who sold drugs to an undercover officer, there was no evidence that he did anything more than know there was a drug deal commencing.  The State could not prove he participated or aided in the drug deal and the Georgia Court of Appeals reversed his conviction.     In some cases, a Defendant is entitled to a directed verdict of not guilty by the Judge when  the only evidence of the drugs ownership is the Defendants ownership of the car, house, or place where the drugs were located.

Drug prosecutions  are one of the most serious criminal cases someone can be charged with in Georgia.  If you are convicted it can affect you for years to come, long after the days in prison are over and the time spent on probation has ended.  At the Law Office of Andrew R. Lynch, we fight hard to protect you from being convicted.  We prepare every case as if it is going to trial because this how we are able to obtain the best outcome for you.

Contact us today to discuss your legal needs.