Drug Trafficking Lawyer in Atlanta

Aggressive Defense Against Drug Trafficking Charges in Georgia

Nick Lotito & Seth Kirschenbaum is your trusted source for solid legal defense against drug trafficking charges in Georgia. Our team has a record of representing clients facing drug trafficking allegations across the state. If you or someone you know faces drug trafficking charges, you need to understand the legal implications, potential penalties, and the defenses available to you.

Our firm brings more than 60 years of combined criminal defense experience to every case, offering clients a team that knows Georgia’s legal landscape inside and out. As former federal prosecutors, we understand not only Georgia drug laws but also the procedures and tactics of law enforcement and prosecutors in the Atlanta area. We use this insight to develop personalized defense strategies for every client, working hard to find weaknesses in the state’s case and strengthen your defense at every step.

Call Nick Lotito & Seth Kirschenbaum today at (404) 471-3177 or contact us online to schedule a meeting with our drug trafficking attorney in Atlanta!

What Are the Penalties for Drug Trafficking in Georgia?

Georgia imposes harsh penalties for drug trafficking, varying by the type and amount of the controlled substance. Be aware of the potential consequences you may face if convicted of drug trafficking:

• Mandatory Minimum Sentences. In many drug trafficking cases, Georgia law imposes mandatory minimum sentences. Judges have limited discretion when sentencing, and those convicted may serve specific, predetermined prison terms.
• Fines. Drug trafficking convictions can result in fines ranging from thousands to millions of dollars, depending on the type and quantity of drugs.
• Asset Forfeiture. Authorities may seize assets, such as vehicles or property, connected to drug trafficking activity.
• Long-Term Incarceration. Convictions often lead to lengthy prison sentences—sometimes lasting decades or even life imprisonment for certain offenses.
• Felony Record. Drug trafficking convictions result in a felony record, affecting employment opportunities, housing, and other aspects of life.
• Loss of Rights. A felony conviction can result in the loss of rights, including the right to vote, possess firearms, or serve on a jury.

Our Nick Lotito & Seth Kirschenbaum legal team works to help clients facing drug trafficking charges seek to minimize legal consequences. We diligently investigate each case and consider possible defenses.

Sentencing for drug trafficking in Georgia often surpasses those for other drug-related crimes, such as possession or intent to distribute. The minimums increase with drug type and quantity, for example, trafficking more than 28 grams of cocaine carries a mandatory minimum of 10 years in prison, while larger amounts can result in 25 years or more. Federal charges may also come into play if authorities accuse someone of crossing state lines or involving large trafficking operations, leading to even stiffer penalties and federal prison time.

In Atlanta and Fulton County, local courts require strict compliance with all pretrial conditions, and prosecutors often push for maximum sentences. Securing bail in trafficking cases can prove challenging due to the severity of the allegations. Collateral consequences, such as immigration issues for non-citizens, loss of professional licenses, or exclusion from certain types of employment, often follow conviction, affecting individuals for years after serving a sentence.

What Is Drug Trafficking?

Drug trafficking is a serious criminal offense that involves the transportation, distribution, and sale of illegal drugs or controlled substances. Under Georgia law, drug trafficking covers a wide range of substances, including but not limited to:

• Cocaine
• Methamphetamine
• Heroin
• Marijuana
• Opioids such as oxycodone or hydrocodone
• Synthetic drugs like ecstasy or LSD

In Georgia, the state bases drug trafficking charges on the quantity of controlled substances connected to the alleged offense.

Trafficking charges can also depend on whether the alleged offense took place across county or state lines, which can increase the severity if federal authorities become involved. The Georgia Controlled Substances Act lists mandatory minimum amounts for each substance, and Atlanta prosecutors often build cases using detailed documentation of how drugs were packaged, where they were found, and any alleged intent to distribute. Charges can apply even if there is no evidence of actual sale, as prosecutors may argue that holding a large amount of a controlled substance implies an intent to distribute.

Many drug trafficking cases in Atlanta stem from investigations led by the Atlanta Police Department, Drug Enforcement Administration (DEA), or Georgia Bureau of Investigation (GBI). The courts often treat these matters with urgency, using significant resources to secure convictions, especially if trafficking allegations involve schools, public parks, or other community areas. Understanding these factors is key to preparing an effective defense from the outset.

State & Federal Drug Trafficking Charges: What You Need to Know

Understanding the distinction between state and federal drug trafficking charges is essential, as each has unique processes and outcomes. In Atlanta, a person may face state charges prosecuted under Georgia law, federal charges pursued by federal authorities, or sometimes both, depending on the scale of the alleged offense and if interstate or international boundaries are involved.

Federal charges typically arise when alleged trafficking involves large quantities, multiple states, or links to organized operations. Federal courts, located in Atlanta’s Richard B. Russell Federal Building or the U.S. District Court for the Northern District of Georgia, use federal sentencing guidelines, and these often result in harsher penalties with less room for alternative sentencing. State charges, on the other hand, are prosecuted in Fulton County or DeKalb County courts and follow the Georgia sentencing structure and parole options.

Navigating whether your case falls under federal, state, or joint jurisdiction requires a strategic approach. Our experience as former federal prosecutors gives us direct insight into both systems, allowing our firm to analyze issues such as investigative agencies involved, the scope of alleged activity, and the potential legal consequences. We help our clients understand the risks and legal standards applied by each court and advise on procedural factors that can impact the outcome, including timelines, mandatory minimums, and plea bargaining considerations.

What to Do If You Are Accused or Arrested in Atlanta

If you face accusations or arrest for drug trafficking in Atlanta, acting quickly protects your rights and options. Law enforcement officers with the Atlanta Police Department, GBI, or federal agencies may conduct searches, seize property, or question you about alleged involvement. You have the right to remain silent and to request a lawyer. Exercise these rights with confidence, refusing to answer questions without legal representation present, since statements made during initial investigations may be used in court.

The arrest and booking process in Atlanta typically takes place at the Atlanta City Detention Center or Fulton County Jail. Bail hearings happen swiftly, so securing legal counsel as soon as possible may affect pretrial release conditions or even eligibility for bond. Early representation enables your defense team to gather evidence, track physical items seized by law enforcement, and identify possible violations of search and seizure rules. Each decision, from how you respond to requests for interviews to providing documented proof of income or residency, matters in shaping your case’s outcome.

Atlanta courts take drug trafficking charges seriously, and cases move through the legal system on a set schedule. Missing court dates or failing to comply with release conditions can make defending your case more difficult. Trust Nick Lotito & Seth Kirschenbaum to provide the support, communication, and careful legal guidance you need through each step of the process.

Defenses Against Drug Trafficking Charges

Facing drug trafficking charges can be overwhelming, but several defenses may help you fight the allegations. Our attorneys at Nick Lotito & Seth Kirschenbaum will evaluate your case and develop a defense strategy tailored to your situation. Common defenses against drug trafficking charges include:

• Illegal Search and Seizure. If law enforcement violated your Fourth Amendment rights by conducting an unlawful search and seizure, the court may rule the evidence inadmissible.
• Lack of Knowledge. In some cases, individuals are unaware of the presence of drugs or illegal substances. If proven, this can serve as a defense.
• Entrapment. If law enforcement or an informant induced you to commit a drug trafficking offense you would not have otherwise committed, it may be considered entrapment.
• Chain of Custody Issues. Proper handling and documentation of evidence are crucial. Any break in the chain of custody may cast doubt on the reliability of the evidence.
• Constitutional Violations. Violations of your constitutional rights during arrest, interrogation, or trial may provide grounds to seek dismissal of charges.

Georgia courts require prosecutors to show clear, reliable evidence that ties a defendant to every step of the alleged trafficking, including ownership, knowledge, and intent. Mistakes during searches, improper documentation, or mishandling of evidence often create opportunities to challenge the prosecution’s case. Defending these charges requires careful investigation of arrest reports, laboratory results, and the conduct of police or investigators, especially in the Atlanta area, where multi-agency anti-drug task forces frequently lead investigations.

Some defenses can depend on detailed knowledge of Atlanta police protocols and the local courts’ procedures. For example, timing and location of the arrest, patterns in how evidence was gathered, and how procedural errors might have violated due process can all influence outcomes. Atlanta’s busy court system sometimes means initial hearings and filings approach quickly, so acting early to assert your rights and document all interactions with police can be critical for your defense.

How Atlanta Courts & Prosecutors Handle Drug Trafficking Cases

Courts in Atlanta, including those in Fulton County and DeKalb County, process drug trafficking cases with close attention to legal standards and procedure. Judges weigh initial evidence at pretrial hearings, and prosecutors work to establish probable cause without delay. The District Attorney’s office relies on investigative files, lab results, surveillance evidence, and witness testimony to support its case, and defendants must meet every procedural deadline.

Atlanta prosecutors may offer plea agreements in some cases, but negotiation depends on the specific facts and the presence of aggravating circumstances. Factors like repeat offenses, the alleged presence of weapons, or trafficking near schools can increase severity. Defense strategies often center on how law enforcement gathered evidence and whether prosecutors can prove each required legal element. Familiarity with the approach of local prosecutors and judges benefits clients, since practices may vary by courthouse or assigned district attorney team.

Our firm draws on decades of advocacy in Atlanta-area courts, giving clients a clear view of judicial expectations, plea options, and ways to contest or mitigate allegations. Whether navigating schedules, evidence exchanges, or the sentencing phase, we use our firsthand experience to provide steady guidance and candid assessments at each key stage of the legal process.

FAQs

How is drug trafficking different from possession with intent to distribute in Georgia?

Drug trafficking laws in Georgia focus on the specific quantity of a controlled substance. If the amount meets or exceeds a statutory threshold, prosecutors may pursue trafficking charges, which carry mandatory minimum sentences. Possession with intent to distribute requires evidence of intent but not a specific quantity, leading to different penalties and legal strategies.

Can I face both state and federal drug trafficking charges for the same incident?

Yes, you may face charges in both state and federal court if authorities determine your case meets criteria for federal prosecution, such as trafficking across state lines or involvement in larger criminal networks. The two court systems operate independently, and each may impose separate penalties.

What should I do if police want to search my home or vehicle in Atlanta?

You have the right to refuse consent to a search. Police officers need a warrant or a legally recognized exception to search your property. If officers present a search warrant, read it carefully. Remain calm, do not interfere, and contact an attorney immediately for guidance on how to proceed.

Contact Our Atlanta Drug Trafficking Attorney Today

Drug trafficking charges in Georgia bring severe consequences, and navigating the legal system can feel overwhelming. If you face allegations in Atlanta, seek the guidance of an experienced attorney who can build a defense strategy specific to your case.

Choosing a local drug trafficking lawyer in Atlanta who understands Fulton County courts and Georgia drug trafficking statutes can help you prepare for every stage of the process. You gain the benefit of local insight into how police, judges, and prosecutors in Atlanta approach these cases. Timely legal advice ensures you know your rights and obligations so you can make decisions with confidence while moving forward.

Contact Nick Lotito & Seth Kirschenbaum at (404) 471-3177 today to schedule a consultation with our drug trafficking lawyer in Atlanta!