State legislatures around the country have taken steps toward the decriminalization or legalization of marijuana. However, Georgia is not one of those states. Possessing any amount of marijuana is a criminal offense that can affect people of all ages. Even young adults and teenagers can face a lifetime criminal record, jail time, and other methods of prosecution related to having this illegal substance on their person.
Setting up a meeting with a Kennesaw marijuana possession lawyer could be vital to the outcome of your case, as well as your future when you are arrested or charged for this offense. Our diligent drug defense attorneys can look at either option for trying to negotiate a favorable resolution or fight marijuana possession charges through motions or at a trial, based upon your goals. We want to understand your plans for your future, so that we can minimize the long-lasting impact that criminal charges can have on your life. We are dedicated to helping young people preserve their futures and keep their lives on track.
Marijuana is considered a controlled substance by state law. This makes it illegal for any person to have even a small amount in their possession. More specifically, the Official Code of Georgia Annotated § 16-13-2 states that the possession of less than one ounce of marijuana can be charged as a misdemeanor offense resulting in a jail sentence of up to one year if a conviction takes place in adult criminal court. As per O.C.G.A. § 16-13-30(j), an amount of marijuana greater than one ounce can result in felony charges with a one to ten year sentence.
Marijuana possession charges will be heard in juvenile court for individuals between 13 and 16 years old. For possession of less than one ounce of marijuana, if the young person has no prior history, a judge cannot order jail time. Alternative punishment can include community service, counseling, classes, probation, curfews, restrictions on driving privileges, as well as fines and fees. For those charged with possession of one ounce of marijuana or more, they may face time in a Youth Detention Center. Having a record as a juvenile offender could lead to more severe consequences, if the teen faces any additional charges in the future. Additionally, long term involvement in the juvenile justice system can shape a young person’s view about themselves and their future behaviors and decisions.
Young people 17 and older will be prosecuted in adult court and face misdemeanor or felony-level consequences, in addition to potentially damaging effects on their future. A conviction could lead to the loss of scholarships or other college opportunities, limitations on career possibilities, the ability to rent a home or apartment, as well as many other impacts. Because these penalties are serious, accused individuals need tenacious and knowledgeable legal representation. Our Kennesaw attorneys understand how high the stakes can be in marijuana possession cases. Once we understand our client’s goals, we will help develop strategies for our client to choose that can help limit the fallout from any potential conviction.
While some aspects of a marijuana possession case will be handled differently between adult and juvenile courts, the approach to building a defense in either scenario is similar. Our Kennesaw marijuana possession attorneys will usually start by understanding what your primary concerns are regarding the impact the charges could have on you or your loved one’s life.
We will then work with you to develop ways to mitigate the situation, fight the charges, or a combination of both approaches depending on what would provide the best outcome for your unique circumstances. For a first-time offender that is currently in high school or college, emphasizing the accused’s lack of criminal history, their educational opportunities, and future potential may be beneficial to minimizing short-term penalties and the long-term effects of this charge.
When looking for ways to fight the charge instead of mitigating it, our legal team can raise questions regarding whether a police officer’s search of the accused was legal. We could build a defense meant to create a reasonable doubt concerning whether the young defendant even possessed the illegal substance. In either scenario, we will explore every option available and ensure you understand every step we take.
Charges that allege marijuana possession have the potential to derail a young person’s life. Fortunately, a Kennesaw marijuana possession lawyer can help teens or their parents navigate and understand the case process. When we choose to take on a client’s case, we are prepared to explain the law, investigate the incident, and develop a defense that aims to protect you in the present and future. Call our firm today to schedule a consultation and review the details of your situation with someone who understands what you are going through and wants to help.
Ghanouni Teen & Young Adult Defense Firm
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