If you’ve been arrested for a drug offense and it’s your first time, you’re likely overwhelmed with questions about what happens next. Will you go to jail? Will you have a permanent record? The answer depends on several factors, including the type of drug, the amount, and whether you’re charged in state or federal court.
While first-time drug charges can be less severe than repeat offenses, the consequences can still impact your future in significant ways. Here’s what you need to know if you’re facing a first-time drug offense in Georgia.
Types of First-Time Drug Charges
Not all drug offenses are created equal. In Georgia, charges are typically based on:
- The type of drug involved (such as marijuana, cocaine, methamphetamine, prescription pills)
- What you were allegedly doing with the drug (possession vs. intent to distribute)
- The quantity of the substance
Simple possession of a small amount, especially of marijuana, may be charged as a misdemeanor. But possession of more complex substances or larger quantities often results in felony charges, even if it’s your first arrest.
Misdemeanor vs. Felony Charges
For a first-time misdemeanor drug offense in Georgia, such as possession of less than one ounce of marijuana, potential consequences include:
- Up to 12 months in jail
- A fine of up to $1,000
- Probation
- Mandatory drug education or treatment programs
- Community service
- A criminal record
For first-time felony drug offenses, which can include possession of cocaine, meth, MDMA, or even a large amount of marijuana, penalties are much more severe:
- One to 15 years in prison, depending on the drug and amount
- Much higher fines
- Supervised probation and drug testing
- Felony conviction on your record, which can impact employment, housing, and your right to own firearms
Diversion and First-Offender Programs
The good news? Georgia offers alternatives to jail or prison for many first-time drug offenders, especially nonviolent individuals accused of simple possession. Depending on the circumstances, you may qualify for:
- Pretrial Diversion: This allows you to complete specific requirements (like drug counseling, community service, or probation) in exchange for having your charges dismissed once completed.
- Conditional Discharge (under Georgia Code §16-13-2): For first-time drug possession charges, the court may withhold adjudication of guilt while you complete probation. If you succeed, the charge is dismissed.
- First Offender Act: In some felony cases, you can avoid a formal conviction if you complete probation successfully under this program.
These alternatives can help you avoid jail time and keep a conviction off your record, but they require full compliance and can come with strict conditions.
Collateral Consequences of a Drug Charge
Even if you avoid jail, a drug charge, especially a felony, can come with long-term consequences, such as:
- A permanent criminal record, unless the charge is dismissed or sealed
- Loss of financial aid eligibility for college
- Difficulty finding a job or renting housing
- Immigration consequences for non-citizens
As such, it’s imperative to have an experienced Atlanta drug defense attorney from our firm evaluate your case, protect your rights, and fight for the best possible outcome.
Get Help from an Experienced Drug Defense Attorney
If you’re facing a first-time drug charge in Georgia, you don’t have to go through it alone. The right drug defense lawyer can make the difference between a life-altering conviction and a second chance.
At Ghanayem & Rayasam, we’ve helped many first-time offenders resolve their cases with minimal penalties or no conviction at all. Whether you qualify for diversion, conditional discharge, or another alternative, our Atlanta drug defense lawyers will guide you every step of the way. Call us today at 404-561-0202 or contact us online to schedule a confidential consultation.