Legal Question in Criminal Law in Georgia

Felony Drug Possession Charge

What happens when you are charged with drug possession during a traffic stop in Decatur GA. 4 persons in the vehicle, no one had drugs on them but drugs are found stuffed in the back passenger seat (during a possible consent to a search by the driver) that is when over an ounce of marijuana was found, no one claimed them, so the officer arrested the person sitting closest to the drugs, the other three were not detained. What is the law???


Asked on 1/10/07, 7:38 am

2 Answers from Attorneys

SHERRY RAGOLE RAGOLE & ASSOCIATES, LLC

Re: Felony Drug Possession Charge

This is a serious charge for which the penalty includes imprisonment; hence, retaining an attorney early is recommended for any party who is charged or who may be charged in the future.

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Answered on 1/10/07, 8:52 am
Sparticus Heyward The Law Office of Sparticus Heyward, PC

Re: Felony Drug Possession Charge

The law is that mere presence at the scene of a crime is a defense against prosecution and that when others have equal access to the contraband and nothing else establishes a connection to the drugs, one cannot be convicted. Other technical defenses may be available to help avoid jail on felony marijuana possession. Please give me a call ASAP.

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Answered on 1/10/07, 10:51 am


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