If you are arrested in Atlanta on a Intent to Distribute Charge, it is possible to receive a life sentence in prison if convicted of two or more drug distribution offenses regardless of the amount of drugs involved. If this is coupled with at least 3 prior felony convictions, the sentence is not eligible for parole. The true effect of Georgia’s laws against drug distribution is thousands of people spending decades or entire lifetimes in prison for a non-violent offense.
Possession of Drugs with Intent to Distribute or Sale charges are one of the 5 most serious criminal charges in Georgia. If weapons were involved in your case or you have prior felony convictions, judges and prosecutors are more likely to increase sentences because of these factors. Therefore, it is especially critical that you hire an experienced lawyer who has fought the state in protecting clients from serious drug convictions.
(b) Except as authorized by this article, it is unlawful for any person to manufacture, deliver, distribute, dispense, administer, sell, or possess with intent to distribute any controlled substance.
(d) Except as otherwise provided, any person who violates subsection (b) of this Code section with respect to a controlled substance in Schedule I or Schedule II shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five years nor more than 30 years.
The consequences you could face will largely depend on the substance that was in your possession. Georgia categorizes different sets of drugs by a “schedule” system, from 1 to 5. Schedule I drugs may include heroin, LSD, or ecstasy, while Schedule 5 drugs could include anything contains a small amount of codeine or opium.
The penalties may include, but are not limited to, the following:
•Schedule I and II drugs:
•1st offense: Between 5 to 30 years’ imprisonment
•2 or more offenses: Between 10 to 40 years imprisonment; life sentence is possible
•Schedule III, IV, and V:
•Between 1 to 10 years’ imprisonment
The law will also consider how much evidence that is discovered in order to determine the severity of charges. If items such as measuring scales or plastic bags are found, these may be seen as tools to enable the transport or sale of drugs. These items could be scrutinized heavily or used to support prosecuting arguments during trial, jury deliberations, and sentencing. That is why it is important to speak with an Atlanta drug crime attorney right away to determine whether or not these evidence is enough to uphold the charges.
If you or someone you know has been arrested in Atlanta on a Drug Possession Intent to Distribute Charge, then you need to contact the Howard Law Group ASAP.