Legal Question in Criminal Law in Georgia

Drug Possesion and Child Endangerment

Can you be charged with possesion of a substance when it is it found where you stay (home not under your name)and when you stay with several people and you where not present when the substance was found?

If you were charged with child endangerment before the law was changed to a definate felony what distincts charge from being a felony or a misdemeanor?


Asked on 2/04/05, 1:39 pm

2 Answers from Attorneys

Jim Hough Thomas J. Hough, Jr., P.C.

Re: Drug Possesion and Child Endangerment

The issue of course is not whether you can be charged, rather, if you are charged are there legal defenses to the charges. There are defenses which could be raised in the scenario you have described.

If you have been charged, you should consult counsel and review the detailed facts of the case to determine what defenses to assert. I would be happy to discuss this matter if you wish.

Whether a change in the law designating the case a felony as opposed to a misdemeanor would apply to your case depends upon a number of factors which are not included in the facts you have recited. I would be happy to discuss this matter with you as well.

Jim Hough

770-607-5300

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Answered on 2/05/05, 4:29 pm
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Drug Possesion and Child Endangerment

Yes, you can as long as all of the elements of the crime are met. The major difference in a felony and misdemeanor is the length of sentence - a misdemeanor is for less than a year.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

Glenn M. Lyon, Esq

MacGregor Lyon, LLC

Promenade II

1230 Peachtree Street NE

Suite 1900

Atlanta Georgia 30309

Phone 404.942.3545

Fax 404.795.0993

[email protected]

www.macgregorlyon.com

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Answered on 2/04/05, 1:52 pm


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