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Nick Lotito & Seth Kirschenbaum Nick Lotito & Seth Kirschenbaum
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Drug Possession

Atlanta Drug Possession Lawyer

Fighting Possession Charges in Georgia

Possession of drugs is a serious crime in Georgia, with severe penalties for even a small amount of contraband. If you have been arrested for drug possession, you need a criminal defense lawyer who understands the law and knows how to fight for you in the courtroom. Our Atlanta drug possession lawyer is ready to step in and provide you with the effective legal representation you need.

Contact us today at (404) 471-3177 to let Nick Lotito & Seth Kirschenbaum protect your rights and future.

What Is Possession of Drugs in Georgia?

Possession of drugs is the act of knowingly having control of a controlled substance. Possession does not necessarily mean ownership, but rather that the person knowingly had control of the illegal drug. The law does not require that the person be caught "in the act" of using the drug, nor does it matter if the person intends to use the drug. If you are arrested for possession of drugs, it is important to know that the only way to avoid a conviction is to prove that you did not knowingly have control of the drugs.

What Are the Penalties for Drug Possession?

The penalties for drug possession in Georgia depend on the type of drug and the amount of the drug in the person's possession. For example, possession of less than one gram of marijuana is a misdemeanor with a penalty of up to one year in jail and a $1,000 fine. Possession of more than an ounce of marijuana is a felony with a penalty of up to ten years in prison and a $10,000 fine.

Other drugs, such as cocaine, methamphetamine, and heroin, are also felonies with harsher penalties, including longer prison sentences and higher fines. Possession of any amount of these drugs is punishable by up to ten years in prison and a fine of up to $100,000. Additionally, the court may also require you to complete a drug treatment program.

How Our Atlanta Drug Possession Attorney Can Help

If you have been arrested for drug possession, do not hesitate to obtain legal representation from a criminal defense lawyer. It's crucial to consult with a qualified attorney to determine the best defense strategy based on the specific circumstances of the case.

Here are some common legal defenses used in drug possession cases:

  • Unlawful Search and Seizure: The Fourth Amendment of the United States Constitution protects individuals from unreasonable searches and seizures by law enforcement. If the drugs were obtained through an unlawful search, such as without a warrant or without probable cause, the defense can argue that the evidence should be suppressed, meaning it cannot be used against the defendant in court.
  • Lack of Possession: Prosecutors must establish that the defendant had actual or constructive possession of the drugs. Actual possession means the drugs were found on the defendant's person, while constructive possession means the defendant had control or dominion over the drugs even if they were not physically on their person. If the prosecution fails to prove that the defendant had possession, the charges may be dismissed.
  • Lack of Knowledge: In some cases, defendants may claim that they were unaware that they possessed drugs. This defense is more likely to be successful in situations where the drugs were found in a shared space, such as a vehicle or residence, and the defendant can demonstrate that they had no knowledge of the drugs' presence.
  • Entrapment: Entrapment occurs when law enforcement induces or persuades an individual to commit a crime that they would not have otherwise committed. The defense must prove that they were not predisposed to engage in drug possession and that law enforcement's actions effectively coerced or enticed them into committing the offense.
  • Crime Lab Analysis: In some cases, the defense can challenge the accuracy or reliability of the crime lab analysis used to identify the substance as an illegal drug. This defense often involves questioning the chain of custody of the evidence and the procedures followed by the crime lab.

Our drug possession lawyer in Atlanta is dedicated to protecting your rights and getting you the best possible outcome for your case.

Get started today by contacting a drug possession lawyer in Atlanta from our firm. Call (404) 471-3177.

Client Testimonials

    “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
    “You will be in good hands.”
    “Highest Praise I chose Nick after interviewing many criminal lawyers. It was the best decision I could have made.”
    - Peter

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
  • ABA
The Right Defense Team Matters Why Choose Nick Lotito & Seth Kirschenbaum