Drug Crimes, Substance Abuse Is this legal?
- Thread Starter Giddyup
- Start date
army judge
Super Moderator
A "can" based question is answered by the completion of an event or task.
Scraping residue from a dope abusers pipe is easy.
Once the residue has been collected, the lab result reported, the pipe's owner will no doubt be charged with illegal possession of a controlled substance.
I suggest you avail yourself of your fifth amendment right NOT to be compelled to testify against yourself, by simply shutting your piehole.
If you must chatter about your perceived injustice, speak only to your court appointed public defender, ONLY if she or he inquires about the incident.
yes.
Thank you for your reply. Thank you. Part 2 of my question is I have texts from a friend stating that if I picked him up he would provide the drug. Can that be used as evidence that the meth is not mine?
army judge
Super Moderator
Possession doesn't imply you own the substance.
Possession simply indictates that you had the substance in your possession and under your control.
The issue of ownership isn't relevant, nor is it the underlying charge for your arrest.
Georgia regulates the possession of both illegal and prescription drugs. Georgia drug possession laws treat the crime very seriously and a conviction for possession of even a small amount of an illegal drug can subject you to serious penalties. A drug possession conviction in Georgia also results in the suspension of your driver's license.
Driver's License Suspension
A person convicted under Georgia drug possession laws will face the suspension of their driver's license. If this is your first conviction there is a mandatory six month driver's license suspension. Second convictions result in the loss of your license for one year, and third or subsequent possession conviction you lose your license for two years.
The following chart provides important information about Georgia drug possession laws. If you or someone you know is suffering from a substance abuse problem, get help as soon as possible.
Georgia Code, Title 16, Chapter 13. Controlled Substances
Controlled Substance Classification
Georgia drug possession laws divide controlled substances into "schedules" as follows:
Schedule I: Drugs with a high potential for abuse and no accepted medical use.
Schedule II: Drugs with a high potential for abuse and the potential for psychological or physical dependence that have accepted medical uses under severe restriction.
Schedule III: Drugs with a lower chance of abuse, low or moderate potential for psychological or physical dependence and an accepted medical use.
Schedule IV: Drugs with a lower chance of abuse, limited potential for psychological or physical dependence, and an acceptable medical use.
Schedule V: Drugs with the lowest potential for abuse, limited potential for dependence, and accepted medical use.
Penalties
Georgia drug possession laws charge possession, apart from marijuana possession, as a felony. Penalties are as follows:
Possession of any Schedule I or narcotic Schedule II drugs: punishable with 2-15 years in prison. Subsequent convictions are punishable with up to 30 years in prison.
Possession of non-narcotic Schedule II drugs: punishable with 2-15 years in prison. Subsequent convictions are punishable with 5-30 years in prison.
Possession of Schedule III, IV, or V drugs: punishable by 1-5 years in prison. Subsequent convictions are punishable with 1-10 years in prison.
https://www.findlaw.com/state/georgia-law/georgia-drug-possession-laws.html
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https://www.findlaw.com/criminal/criminal-charges/drug-possession-overview.html
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flyingron
Well-Known Member
What was the first charge?
Thank you for asking this question, sincerely. It makes me feel like you know "all that glitters is not gold." I believe drug paraphernalia or usage of tools was the original charge for the pipe. Forgive me for giving you these details that you didn't ask for. I was bonded out with nothing, no paperwork or anything. I'm afraid to get in contact with this sheriff's department for several reasons. This is the least of them. The guy that was with me earlier that evening left his wallet and pipe in my car. I didn't know they were in my car. He's from a wealthy family here and is "protected". When I got my wallet, my credit cards and bank cards were missing. I assumed they were in my car. When I got my car out of impound, my cards are still missing along with his wallet. I believe he police took his wallet to him. The police believe he ran when he saw them coming yet made no effort to find him.
I reread your reply and your advice about "my chatter" stood out this time. I'll take your advice and thanks again.
adjusterjack
Super Moderator
Red Kayak
Well-Known Member
I think the text messages would imply that you received the drugs that were in your car. The texts DON'T help you AT ALL.
It's not like your text messages were along the lines of, "I'll give you a ride only if you promise NOT to bring drugs in my car. I'm doing my 12 steps and I can't afford to be around anything related to drugs and drug paraphernalia."
You willingly picked up someone who you knew possessed drugs. You have admitted to this in this thread.
Keep your mouth shut except when speaking confidentially to a lawyer because your logic is only going to dig a deeper hole to bury you in.
I'm beginning to see how imperative it is to keep quiet about all this. Thank you very much.
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