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Common drug possession defenses used in Georgia

On Behalf of | Dec 2, 2019 | Drug Crimes |

Georgia is one of the stricter states when it comes to the regulation of drugs. Being found in possession of even the smallest amount of an illegal substance could lead to criminal charges that could heavily affect the course of your life. This is why you must react quickly to any accusations of drug possession so that you can build a compelling defense.

The defense strategy that you build will depend on the individual circumstances regarding the accusation. The following are some of the most common forms of defense that are used in response to drug possession accusations in Georgia.

Showing that the drugs were planted

There are many situations in which drugs could have been planted, but it is often difficult for this to be proven. If, for example, you were traveling with luggage, you may have left your suitcase unattended for a short amount of time. This could leave your bag vulnerable to being tampered with. It could be that another traveler plants drugs in your bag to avoid being found with them on their person. You may be able to prove that this was the case by obtaining footage from security cameras or gaining witness statements.

Showing that the drugs were not yours

If drugs were found in your apartment, you may be able to defend yourself by arguing that they do not belong to you. You may have a flatmate who is using illegal drugs without your knowledge, or a friend may have left them in your apartment. If you can show that the drugs found belong to someone else, you may be able to successfully defend yourself.

Showing that you were subject to an unlawful search and seizure

If you can show that the search and seizure carried out was unlawful, you may be able to have charges dismissed. For example, if law enforcement officials used force to open the trunk of your car without your permission and these actions led them to find drugs, charges will be dismissed if you can show that the search breached your Fourth Amendment rights.

Being subject to drug possession charges can be a very stressful situation to be in. By taking early action, you may be able to have charges dismissed.


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