Logo Main2

Experienced Marietta GA Drug Crimes Attorney

If you or a loved one has been charged with a crime involving drugs, a Marietta drug crime attorney can help protect your rights, freedom, and future.

Contact Holly


about us section

How Can Marietta GA Drug Crimes Attorney Help

Drug charges in the state of Georgia are serious and can be devastating for your future, no matter the controlled substance. Having a drug conviction on your criminal record can affect your ability to find a job, driving privileges, and diminish your overall quality of life.

Controlled substances have been classified into five ‘schedules’ based on their potential for abuse, with Schedule I being the worst. The type of drug in question also influences the seriousness of the drug charges. However, a skilled Marietta criminal defense attorney may be able to reduce your charges and prevent a conviction.

At The Waltman Firm, we fight for justice. Our goal is to ensure that the justice system works in favor of our clients and that the charges you are facing are dismissed, dropped, or reduced to the fullest extent possible. Our practice areas include serious criminal offenses, such as drug offenses, domestic violence, felonies, DUIs, and sex offenses.

If you want to have a strong defense against controlled substance offenses and fight for less serious penalties for drug offenses, reach out to our law firm for reliable representation and legal advice.

Drug Crimes Attorney In Marietta Georgia: What Are Drug Schedules?

Controlled substances are defined as any illegal drugs or drugs that an individual doesn’t have a prescription for. The Georgia Controlled Substances Act bans the possession of substances that are considered addictive or dangerous. As we have already mentioned, substances are classified into categories or ‘schedules.’

Schedule I controlled substances include hallucinogen drugs like LSD, ecstasy, and heroin. These drugs are considered the most dangerous. Cocaine, methamphetamine, and oxycodone are considered Schedule II controlled substances. Although they are also considered dangerous for casual use, some of these drugs can be obtained with a prescription.

Steroids are considered Schedule III controlled substances, while anti-anxiety medications, including Valium and Xanax, are Schedule IV drugs. Although Schedule V drugs can be obtained with a prescription, they still have the potential for abuse.

If you are facing drug charges in Cobb County, you need the top Marietta drug crime lawyers to help you deal with those charges. Although it’s ideal to retain an attorney before any legal issues arise, or as soon as they happen, we at The Waltman Firm are here 24/7 no matter what part of the criminal process you are in.

Drug Criminal Defense Attorney: What Is a Drug Possession?

One of the most common drug charges in Georgia is drug possession. These crimes can fall into two categories: possession for personal use or possession with intent. In addition, possession can be constructive and actual. And while actual possession means having drugs in your hand or pocket when caught by the police, constructive possession means knowing where the drugs are and having control over that area.

Depending on the quantity of the controlled substance and the type of the substance itself, the charges an individual can be facing could be a misdemeanor or a felony.

For example, those charged with possession of less than one ounce of marijuana would be facing misdemeanor charges. Possession of more than one ounce is a felony charge, as is possession of any Schedule I or Schedule II drug.

On the other hand, possession with the intent can be expanded to possession with the intent to sell or traffic.

What Is Possession of Drug Paraphernalia?

In addition to drug possession crimes, it is also illegal to possess any materials or device that can be used to produce, manufacture, inhale, inject or otherwise introduce a controlled substance into the human body. Drug paraphernalia can include rolling papers, syringes, pipes, plastic bags or small baggies, and scales.

So even if you don’t have any drugs on you but have drug paraphernalia, you may still need help from a skilled Marietta drug crime attorney. In Georgia, the first offense for possession of drug paraphernalia is a misdemeanor punishable by a fine of up to $1,000 and jail time of up to a year.

Possession With the Intent to Sell and Drug Trafficking

Possession with the intent to sell is defined by the quantity of the drug, as well as other factors that include possession of a scale or baggies and where the drug was found. For example, if you have in your possession a large quantity of drugs and money, police have a reason to believe that you also do delivery or sale of these substances.

Drug trafficking is considered one of the most serious drug charges and can be charged as a federal or state crime since it often crosses state lines. Depending on what kind of controlled substance was involved and its quantities, a drug trafficking offender could face a minimum prison sentence of 30 years and up to a $1 million fine.

No matter what controlled substance charges you are facing, a diverse litigator with thousands of hearings under her belt can help you fight them. Holly Waltman, the founding attorney of The Waltman firm, is just the type of lawyer you are looking for.    

Drug Crime Lawyer: Penalties You Could Be Facing

Those who are convicted of drug crimes in Georgia can expect harsh penalties. For possession of less than an ounce of marijuana, which is a misdemeanor, convicted clients could be facing up to a year in jail, community service, and/or a fine.

Possession or purchase of Schedule I or Schedule II controlled substances are felonies that can result in imprisonment from one to 15 years. Distributing, possession with intent to distribute, and manufacturing Schedule I or II controlled substances are also felonies that can result in five to 30 years in prison, even for a first offense.

Under Georgia drug laws (Official Code of Georgia Annotated or O.C.G.A.), different factors can affect the sentence that you may receive for violating the Georgia Controlled Substances Act.

For example, the total weight of the drugs in your possession can influence the sentence you ultimately receive. Also, if you are caught selling drugs within a certain distance of a school, playground, or daycare, there are sentencing enhancements.

The conviction of an intent to distribute crime carries harsher penalties than simple possession under Georgia drug possession laws. Although some drug crimes carry harsher penalties than others, each possession, as well as trafficking charge, should be treated equally seriously. Any criminal conviction can carry serious consequences and repercussions on your life, so you need a reputable drug attorney fighting for your rights.

How Can a Marietta Drug Defense Lawyer Help?

A Marietta drug defense lawyer can provide various services and employ strategies to help you navigate your case. These professionals are well-versed in Georgia’s complex drug laws and can potentially help reduce your charges or even get the case dismissed altogether. Here are some ways a drug defense lawyer can assist you:

  • Expert knowledge of drug laws: They can analyze the specifics of your case against the nuances of state and federal drug laws, looking for any discrepancies or areas where your rights may have been violated.

  • Negotiating plea deals: If appropriate, they can negotiate plea deals with the prosecutor, which can potentially reduce your sentence or even eliminate some of the charges against you.

  • Trial preparation: If your case goes to trial, a drug defense lawyer can help prepare a robust defense strategy, gather evidence, and represent you in court.

  • Protection of your rights: They ensure your rights are protected throughout the legal process, particularly during police questioning or interactions with law enforcement.

Contact the Right Drug Trafficking Lawyer

There are several possible ways individuals accused of drug offenses can be defended in court. For example, skilled criminal defense lawyers can challenge the admissibility of evidence that can be used against them. If there is no basis for suppressing the evidence, lawyers can help you achieve a better outcome in court.

The Marietta, Georgia, court has to prove that you willingly broke the law, so there are many legal ways to challenge drug possession criminal charges.

If they result in convictions, Georgia drug charges can lead to serious consequences. Don’t try to fight these charges on your own – instead, hire a competent law firm and a criminal defense attorney who has successfully handled these crimes before.

Holly Waltman has a proven track record of success. She has handled thousands of cases, from complex felony charges such as murder and drug offenses to speeding tickets in various jurisdictions all over the state of Georgia. She is licensed to practice law in all 159 counties of Georgia on both the State and Superior Court levels, as well as sworn into the Court of Appeals and the Supreme Court of Georgia.

With her substantial expertise in criminal drug cases, Holly can do everything in her power to get the best possible outcome for your drug crime case. Reach out to The Waltman Firm by phone or email and schedule a consultation to discuss your case.