Defending Drug Charges in Georgia
Drug offenses are among the most aggressively prosecuted crimes in Georgia. Law enforcement agencies — from local police to the DEA — dedicate significant resources to drug investigations, and prosecutors pursue maximum sentences. A conviction can mean mandatory prison time, a permanent felony record, loss of professional licenses, and immigration consequences for non-citizens.
The outcome of a drug case often hinges on the legality of the stop and search. The Fourth Amendment prohibits unreasonable searches and seizures — and law enforcement frequently oversteps its authority. If the stop, search, or seizure that led to your arrest was unlawful, the evidence obtained may be suppressed, and the charges dismissed entirely.
Attorney Sherota scrutinizes every aspect of the government's case — from the initial traffic stop to the chain of custody of drug evidence to the reliability of lab testing. He builds a defense tailored to the specific facts of your case and pursues every available avenue to protect your freedom.
Defense Strategies We Use
Georgia Drug Schedules & Penalties
Georgia classifies controlled substances into five schedules (I–V) based on their potential for abuse and accepted medical use. Schedule I drugs (heroin, LSD, MDMA) have no accepted medical use and carry the harshest penalties. Schedule II drugs (cocaine, methamphetamine, oxycodone) have limited medical use but high abuse potential. Penalties escalate significantly based on the schedule, the quantity, and whether the charge is possession, distribution, or trafficking.
| Offense | OCGA | First Offense | Repeat Offense |
|---|---|---|---|
| Possession — Schedule I/II | § 16-13-30 | 2–15 years | 5–30 years |
| Possession — Schedule III/IV/V | § 16-13-30 | 1–5 years | Up to 10 years |
| Marijuana < 1 oz | § 16-13-2 | Up to 12 months (misd.) | Up to 12 months |
| Marijuana > 1 oz | § 16-13-30 | 1–10 years | 1–10 years |
| Cocaine Trafficking (28–200g) | § 16-13-31 | 10 yrs min + $200K fine | 10 yrs min + $200K fine |
| Meth Trafficking (28–200g) | § 16-13-31 | 10 yrs min + $200K fine | 10 yrs min + $200K fine |
| Marijuana Trafficking (10+ lbs) | § 16-13-31 | 5 yrs min + $100K fine | 5 yrs min + $100K fine |
| Drug Manufacturing | § 16-13-30 | Felony — 2–30 years | 5–30 years |
Arrested or Under Investigation?
Do not speak to law enforcement without an attorney present.
Anything you say — including denials or attempts to explain — can be used against you. Exercise your right to remain silent and contact Sherota Law immediately. Early intervention can mean the difference between charges being filed and charges being avoided.
CHARGES WE DEFEND
Drug Crimes We Handle in Georgia
Attorney Sherota defends individuals facing all types of state and federal drug charges throughout the Atlanta metropolitan area, including Alpharetta, Roswell, Johns Creek, and Marietta.
Drug Possession
OCGA § 16-13-30
Possession of Schedule I or II drugs (cocaine, heroin, methamphetamine) is a felony carrying 2–15 years for a first offense and 5–30 years for repeat convictions. Marijuana possession over one ounce is a felony carrying 1–10 years. We challenge the legality of searches, the chain of custody, and the prosecution's proof of knowing possession.
Drug Trafficking
OCGA § 16-13-31
Trafficking carries mandatory minimum sentences with no possibility of early release. Cocaine trafficking (28–200g) carries a 10-year minimum and $200,000 fine. Methamphetamine trafficking carries identical penalties. Marijuana trafficking (10+ lbs) carries 5–15 years. We attack the quantity calculations, the legality of the stop and search, and the chain of evidence.
Drug Manufacturing
OCGA § 16-13-30
Manufacturing or producing a controlled substance is a felony in Georgia, with penalties equivalent to or exceeding trafficking charges. Methamphetamine manufacturing cases often involve additional charges for endangering children or creating a hazardous environment. We scrutinize search warrants, lab evidence, and the government's theory of the case.
Possession with Intent to Distribute
OCGA § 16-13-30
The government can charge possession with intent to distribute based solely on the quantity of drugs found, packaging materials, or the presence of scales and cash — even without direct evidence of a sale. We challenge the inference of intent and work to reduce charges to simple possession where possible.
Marijuana Charges
OCGA § 16-13-2 / § 16-13-30
Despite legalization in neighboring states, Georgia continues to prosecute marijuana offenses aggressively. Possession of less than one ounce is a misdemeanor (up to 12 months). Possession of more than one ounce is a felony (1–10 years). Sale or distribution carries 1–10 years. We challenge the stop, the search, and the quantity determination.
Drug Paraphernalia
OCGA § 16-13-32.2
Possession of drug paraphernalia is a misdemeanor in Georgia, but a conviction still results in a criminal record, potential license suspension, and can be used to enhance future charges. We challenge the state's claim that the item was intended for drug use.
Federal Drug Charges
21 U.S.C. § 841 / § 846
Federal drug charges arise when conduct crosses state lines, involves federal property, or is investigated by the DEA or FBI. Federal sentences are governed by the U.S. Sentencing Guidelines and are typically far more severe than state sentences. Mandatory minimums under federal law can range from 5 to 40 years. We have experience navigating federal court in the Northern District of Georgia.
Drug Court & Diversion
First Offender Act / Drug Court
For eligible first-time offenders, Georgia's Drug Court program and the First Offender Act (OCGA § 42-8-60) offer alternatives to incarceration. Successful completion can result in charges being dismissed and your record remaining clean. We evaluate every client's eligibility and advocate for diversion where appropriate.
FREQUENTLY ASKED QUESTIONS
Drug Crime Defense in Georgia — Your Questions Answered
What are the penalties for drug possession in Georgia?
Penalties depend on the drug schedule and quantity. Possession of Schedule I or II drugs (cocaine, heroin, meth) is a felony carrying 2–15 years for a first offense under OCGA § 16-13-30. Marijuana possession over one ounce is a felony carrying 1–10 years. Possession of less than one ounce of marijuana is a misdemeanor carrying up to 12 months in jail and a $1,000 fine.
What is the difference between drug possession and drug trafficking in Georgia?
Drug trafficking in Georgia is defined by quantity, not by evidence of actual sales. Under OCGA § 16-13-31, possessing more than a threshold amount of a controlled substance automatically triggers trafficking charges — regardless of whether you intended to sell it. For cocaine, the threshold is 28 grams. For methamphetamine, it is also 28 grams. Trafficking carries mandatory minimum prison sentences with no early release eligibility.
Can drug charges be dismissed in Georgia?
Yes. Many drug cases are won on Fourth Amendment grounds — if law enforcement conducted an illegal stop, search, or seizure, the evidence obtained may be suppressed and the charges dismissed. Other successful defenses include challenging the chain of custody of drug evidence, disputing constructive possession, and attacking the reliability of lab testing. An experienced attorney can identify these issues early in the case.
What is the First Offender Act and can it apply to my drug charge?
Georgia's First Offender Act (OCGA § 42-8-60) allows eligible first-time offenders to plead guilty and be sentenced to probation rather than incarceration. Upon successful completion of probation, the charge is dismissed and does not appear as a conviction on your record. Not all drug charges qualify — trafficking charges and certain felonies are excluded. Attorney Sherota evaluates every client's eligibility during the initial consultation.
Should I speak to police about my drug charge without an attorney?
No. You have the right to remain silent and the right to an attorney under the Fifth and Sixth Amendments. Anything you say to law enforcement — including explanations, denials, or attempts to cooperate — can be used against you. Do not consent to searches, do not answer questions beyond identifying yourself, and contact an attorney immediately. Early intervention is critical to protecting your rights.
Does Sherota Law handle federal drug charges in Georgia?
Yes. Attorney Brent Sherota handles both state and federal drug charges in Georgia, including cases investigated by the DEA, FBI, and prosecuted in the U.S. District Court for the Northern District of Georgia. Federal drug charges carry significantly harsher sentences than state charges due to mandatory minimums under the U.S. Sentencing Guidelines.
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Your first consultation is completely free and confidential. Attorney Brent Sherota personally reviews every inquiry and typically responds within one business day.
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678.478.8795DRUG CRIMES DEFENSE