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Nick Lotito & Seth Kirschenbaum Nick Lotito & Seth Kirschenbaum
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State Drug Crimes

Atlanta Drug Crime Attorneys

Defending Clients in Atlanta & Throughout Georgia

From college students to professionals, people from all walks of life can face drug charges at some point during their lives. As experienced Atlanta drug crime attorneys, we understand how stressful state drug crimes charges can be, so we offer criminal defense that does more than just provide legal support. We help our clients create solutions that keep the broader picture in mind. We help you take action to defend your criminal charges, work with you and your family and get you treatment when necessary.

Contact us for a free case review to learn how our Atlanta drug attorneys can help you fight your charges.

Strong Defense for a Wide Range of Drug Charges

From our Atlanta law offices, Attorneys Nicholas Lotito and Seth Kirschenbaum represent people accused of drug crimes throughout the state of Georgia. Regardless of the type of drug involved, our Atlanta drug lawyers offer effective defense geared toward getting you the best possible results.

Our drug attorneys in Atlanta handle cases involving drugs of all kinds:

  • Marijuana
  • Heroin
  • Ecstasy
  • Prescription Drugs
  • Cocaine / Crack Cocaine
  • Methamphetamine

In Georgia, it is a crime to manufacture, distribute, dispense, or possess drugs with or without the intent to distribute. Depending on the circumstances involved, there may be aggravating factors like being near schools or playgrounds that can increase the penalties. People convicted of certain drug charges may face years of incarceration, hefty fines, court costs, and the prospect of drug rehabilitation.

Understanding Georgia Drug Laws & Penalties

Drug crime prosecutions in Atlanta are strictly governed by Georgia statutes. Anyone accused of a drug offense needs to understand the nuances of Georgia’s controlled substances schedules. Schedule I and II drugs—like heroin and cocaine—carry the most punitive sentences, but the penalty also depends on how much was involved, whether there is evidence of intent to distribute, and the defendant’s past criminal record. For instance, merely possessing a small amount of a Schedule I drug often constitutes a felony under Georgia law, which can lead to significant prison time and a lifelong mark on your record. Atlanta prosecutors, particularly in Fulton County, are known for aggressively pursuing enhanced charges when aggravating circumstances exist, such as possession within 1,000 feet of a school. Our Atlanta drug crime attorneys meticulously review every factor and possible defense to protect clients from the harshest penalties.

As your drug crime lawyer in Atlanta, we also educate clients on local diversion and alternative sentencing programs. Some counties in the metro Atlanta area, including Fulton and DeKalb, offer access to pretrial diversion or drug court for qualifying individuals. These programs can include treatment, rehabilitation, and community service—and allow some first-time offenders to avoid a conviction. Participation depends on your charges, history, and the discretion of local prosecutors and judges. At Nick Lotito & Seth Kirschenbaum, our attorneys will help you determine your eligibility for alternatives to incarceration and advocate forcefully for options that align with your goals and best interests.

Defense Strategies from Experienced Drug Defense Attorneys in Atlanta

Attorneys Nick Lotito and Seth Kirschenbaum are committed to building your case from the ground up. As former prosecutors, we know precisely where the prosecution must prove its case and how to hold them accountable at every turn. We meticulously analyze the prosecution’s case to determine whether every element of the alleged offense is substantiated by evidence.

Our decades of courtroom experience on both sides of the criminal justice process give us a unique perspective. We scrutinize every procedure—from how law enforcement conducted their investigation to how they handled searches and seizures—especially because unconstitutional stops, searches, and interrogations are common issues in Atlanta-area drug cases. As leading drug defense attorneys in Atlanta, we collaborate with local forensic consultants and use our own insights from Georgia drug court procedures to bring motions that can result in suppressed evidence or court-ordered bond reductions. This in-depth strategy is a pillar of our approach to drug crime defense.

In every drug charge case, the prosecutor’s evidence is often a decisive factor—yet it must be collected, stored, and presented lawfully. When we see violations such as unwarranted searches or faulty warrants, our drug attorneys in Atlanta aggressively seek to exclude that evidence from court. We have successfully filed many suppression motions that resulted in a reduction or dismissal of charges, always focusing on protecting the rights of our Atlanta clients every step of the way.

The Drug Arrest Process in Atlanta: What to Expect

When you are arrested for a drug crime in Atlanta, the process usually begins with an encounter involving law enforcement agencies, such as the Atlanta Police Department or the Georgia State Patrol. Officers may perform a traffic stop, execute a search warrant at a residence, or proceed with an arrest authorized by a warrant from Fulton or DeKalb County courts. Following an arrest, you’ll be booked in the local jail with detailed personal and arrest information entered into the public record. Soon after, your first court appearance will be scheduled before a judge, who will set bail and formally announce the nature of the drug charges. This early stage can be daunting, which is why it’s vital to have an experienced drug arrest attorney in Atlanta on your side from the outset, safeguarding your rights throughout each interaction.

At Nick Lotito & Seth Kirschenbaum, we take immediate action to investigate your arrest, address bond issues, and act to secure your release if possible. Because Atlanta and its surrounding counties have distinct court systems and rules, we adjust our legal strategies for each client based on venue-specific practices—whether your case is heard at the Fulton County Justice Center, Atlanta Municipal Court, or the DeKalb County Courthouse. We keep you and your family updated about court dates, deadlines, and significant steps throughout the process. With our background as former federal prosecutors, we are skilled at anticipating prosecution tactics specific to Atlanta courts, and we leverage that understanding to defend your rights and challenge questionable arrests or evidence.

To talk with our drug lawyers in Atlanta about the charges you face, contact us online or call us at (404) 471-3177. Initial consultations are always free and completely confidential.

Frequently Asked Questions

Are There Diversion or First-Offender Programs for Drug Charges in Atlanta?

Yes, several metro Atlanta counties, such as Fulton and DeKalb, may offer alternatives to traditional prosecution for certain non-violent, first-time drug charge defendants. These might include pretrial diversion or drug court, which can provide opportunities for treatment and rehabilitation rather than incarceration. Eligibility depends on your specific charges, the amount and type of controlled substance, and your criminal history. As experienced drug attorneys in Atlanta, we can review your eligibility for these programs, advocate for your acceptance, and help chart a path focused on rebuilding your future.

What Should I Do Immediately After Being Arrested for a Drug Crime in Atlanta?

If you are arrested for a drug crime in Atlanta, remember to exercise your right to remain silent and request a drug crime attorney before speaking with law enforcement. Never consent to a search or make statements about your case until your attorney is present. Contact Nick Lotito & Seth Kirschenbaum as soon as possible, so we can begin protecting your constitutional rights, provide advice for handling law enforcement questioning, and work to secure your prompt release. Our attorneys will help you understand your charges, guide you through the initial appearance in court, and start strategizing an effective defense from day one.

How Can a Drug Crime Attorney Help Me Fight Charges in Atlanta Courts?

A knowledgeable drug crime attorney in Atlanta can evaluate every aspect of your arrest, investigate the prosecution’s claims, and identify constitutional or procedural errors. Your defense team presents strategic motions such as requests to suppress evidence or negotiate reduced charges with the Fulton County District Attorney or other local prosecutors. If necessary, we are fully prepared to take your case to trial. Our attorneys’ background as former federal prosecutors ensures we anticipate every angle, offer clear communication, and deliver strategic guidance throughout each phase of your drug crime case in Atlanta.

Contact us today and get support from our drug crime attorneys in Atlanta.

Client Testimonials

    “Outstanding Legal Support”

    I would like to express my sincere gratitude to Nick Lotito and Greg Clement for their outstanding legal support. Throughout a very difficult time for my family and me, Nick and Greg were not only attentive but also demonstrated exceptional initiative and attention to detail. Nick, in particular, was incredibly knowledgeable and showed tremendous forethought in handling my case. Their thoughtfulness and thoroughness provided much-needed peace of mind, and I truly appreciate their unwavering support.

    I highly recommend Nick and Greg to anyone seeking reliable, compassionate, and professional legal representation.

    - Former Client
    “From the beginning, Nick was kind, thoughtful, and caring.”
    “If you need a lawyer who will represent you and your best interest, will listen to you, empathize with your situation, and carefully execute a game plan based on the situation. Nick Lotito will be the best choice if your life is dependent on it.”
    - Mark M.
    “I would recommend Seth without hesitation.”
    “I would recommend Seth without hesitation.”
    - James
    “Nick defended me with dedication, caring, and skillfulness - I will be eternally grateful”
    Thank You Nick, For Justice! The state of Georgia indicted me on two counts of Racketeering that I did not commit. Nick defended me with dedication, caring, and skillfulness in interacting with all parties involved. Against almost insurmountable odds, he was able to get my case dismissed. I will be eternally grateful for all he has done for me. I consider him a superb criminal defense attorney and also call him my friend!
    - Harley
    “Mr. Lotito truly went above and beyond every step of the way.”
    Nick Lotito recently represented one of my close family members in a vehicular homicide case. He helped our family navigate through this incredibly traumatic experience with grace and compassion. He was organized, well prepared, and thorough. And always responded to our emails and phone calls immediately. Mr. Lotito truly went above and beyond every step of the way. Highly, highly recommended!
    - Perri Eichenlaub
    “very impressed”
    Good and Knowledgeable I was in a bad situation at one point in my life, the Federal Government brought criminal action against me and I knew i had to be accountable for my action. I was looking for a good lawyer who specialized in criminal lawyer, one who has professional experience in a court room and could give me a good advice on what I needed to do. I interviewed three lawyers and someone told me about Nicholas Lotito, so I meet with him and we talked for hours, I was very impressed with his honesty, I was convinced and had no doubts or uncertainty that he was the person I needed to represent me. At the end of the trial everything worked out good. So thank you Mr. Lotito for the good work you did.
    - Abe

Our Results

When Experience Produces Results

Our top priority is to devise customized legal strategies that are tailored to the unique legal needs of our clients, no matter how simple or complicated their situations, might be.

  • ACQUITTED Aggravated Assault
  • VACATED Aggravated Assault & Battery
  • REDUCED CHARGES Armed Robbery Conviction
  • DISMISSED Chop Shop & Possession of Vehicles w/ Altered Vin
  • ACQUITTED Conspiracy to Distribute
  • AV Preeminent
  • Super Lawyers
  • AVVO 10.0
  • Atlanta Bar
  • Georgia Bar
  • GACDL
  • NACDL
  • ABA
The Right Defense Team Matters Why Choose Nick Lotito & Seth Kirschenbaum