While you might be able to get by with a small amount of drugs in your possession, if you have a large quantity on hand, you will likely face trafficking charges. Drug trafficking is taken very seriously in Georgia. It is a high-level drug crime that comes with mandatory minimum sentences and fines.
Drug trafficking laws are outlined in O.C.G.A. § 16-13-31. This section of the law details the penalties for trafficking cocaine, marijuana, methamphetamine, and other illegal drugs. For example, a person who has between 28 and 200 grams of cocaine in their possession will be sentenced to a mandatory minimum of 10 years in prison and be ordered to pay a $200,000 fine.
As you can see, there’s a lot at stake. That’s why if you are facing a drug trafficking charge, you need to act right away to defend yourself. Here are some common defenses you may be able to use.
Illegal Search and Seizure
The Fourth Amendment protects against unreasonable searches and seizures. If law enforcement obtained evidence through an unlawful search, such as searching a vehicle or home without a warrant or probable cause, the defense can file a motion to suppress the evidence. Without this key evidence, the prosecution’s case may fall apart.
Lack of Knowledge or Intent
Prosecutors must be able to prove that the accused knowingly possessed and intended to distribute the drugs. If the defendant was unaware of the drugs’ presence (for example, someone else placed them in their car or luggage), this defense can be used. Evidence like lack of fingerprints, testimony from other individuals, or inconsistencies in the prosecution’s case may support this argument.
Entrapment
This occurs when law enforcement pressures or manipulates someone into committing a crime they wouldn’t have otherwise committed. If an undercover officer coerced the defendant into trafficking drugs through persistent persuasion or deception, an entrapment defense could be used. However, simply providing an opportunity to commit the crime does not constitute entrapment.
Insufficient Evidence
The prosecution must prove guilt beyond a reasonable doubt. If the evidence is weak, such as relying on circumstantial proof or unreliable witnesses, the defense can argue that the case does not meet the legal standard for conviction. A lack of direct evidence connecting the defendant to the drugs or intent to distribute can be a strong defense.
Mistaken Identity
Drug trafficking operations often involve multiple people, and mistaken identity can occur due to unreliable witness testimony, surveillance errors, or confusion during an arrest. The defense may use alibi evidence, surveillance footage, or phone records to demonstrate that the accused was not involved in the crime.
Contact Our Georgia Drug Trafficking Defense Lawyers Today
Drug trafficking is a serious crime that can result in decades in prison and hefty fines. The right defense can reduce your penalties and even eliminate them altogether.
Get the help you need from the Georgia drug trafficking lawyers at Ghanayem & Rayasam. We will make the prosecution prove every element of the allegation beyond a reasonable doubt. To schedule a consultation, fill out the online form or call (404) 561-0202.