Savannah Drug Possession Defense Lawyers

Depend on Our Experienced & Personalized Legal Defense

Were you recently arrested for possession of a controlled substance in Savannah? A conviction for this type of crime can lead to long-term prison sentences and a permanent criminal record. The good news is that you do not have to face your charges on your own. 

Schneider Lerch, LLC is here to help you understand your charges, the potential punishments, and your options for defending your rights and freedom. We have a track record of success in helping people in similar situations obtain reduced sentences and case dismissals. 

Should you take a plea bargain or fight your case at trial? Find out today by calling our Savannah possession defense lawyers at (912) 417-5008 or by reaching out here online to get a free initial consultation.

Georgia Controlled Substance Schedules

In Georgia, controlled substances are separated into five distinct “schedules” or lists of substances, as determined by federal law. The division is determined based on each drug's potential for abuse and dependence and whether it has any approved medicinal use.

The controlled substance schedules include:

Schedule I Drugs 

These are substances that have a high potential for abuse and no accepted medical use. This includes drugs such as LSD, ecstasy, heroin, GHB, magic mushrooms, peyote, THC, and others.

Schedule II Drugs 

This schedule includes substances with a high potential for abuse and dependence, but which also have an accepted medical use. Prominent examples are cocaine, morphine, codeine, amphetamine, opium, meth, Oxy, methadone, and others.

Schedules III, IV, and V 

We now start to move into drugs that have progressively lower potential for abuse and addiction and which have been recognized as being medicinally beneficial. 

• Schedule III includes hydrocodone, ketamine, and testosterone.
• Schedule IV’s prominent examples are Xanax and Valium, along with prescription uppers and downers of various brands and types.
• Schedule V deals with prescription drugs with limited levels of certain controlled substances to treat various diseases and conditions.

These drug schedules are important to a defendant, as they will have a determination about the charges filed and the sentences that can be imposed. If you are facing charges of drug possession, you need to get informed about your various options and what to do to protect yourself. 

Key Elements the Prosecution Must Prove

To secure a conviction, the Chatham County District Attorney must prove two types of possession beyond a reasonable doubt:

• Actual Possession: This is when the drugs are found directly on your person—in your pocket, your hand, or your clothing.
• Constructive Possession: This is more complex and common in Savannah. It occurs when drugs are found in a place you exercise "dominion and control" over, such as your car's glove box or under a seat in your home.

As former prosecutors, we know that constructive possession is often a weak point in the state's case. If multiple people had access to the vehicle or home, "equal access" rules may prevent the state from proving the drugs belonged specifically to you. We hold the state to a high standard, forcing them to prove you had both the knowledge of the substance and the intent to control it.

Penalties for Possession of Controlled Substances Convictions in Savannah

All controlled possession crimes are felonies, with the exception of those that involve small amounts of marijuana. The particular punishment for felony possession is determined by the type of drug involved. In addition, those who have previous drug-related convictions can incur harsher penalties.

The penalties for possession of a controlled substance include:

• Possession of a Schedule I or Schedule II Drug: Having less than one gram (or one ml of a liquid) is punishable by a prison term between one to three years and having up to four grams or ml carries a prison term between one year and eight years.
• Non-Narcotic Schedule II Substances: Having less than two grams or ml of a liquid is punishable by a prison sentence of between one year and three years and having up to four grams or ml carries a prison term between one year and eight years.
• Possession of Schedule III, IV, or V: Possession of any of these substances is punishable by a prison term between one and three years.

When Charges Can Be Upgraded to Possession With Intent

Typically, if you only have a small quantity of a controlled substance in your possession for personal use, you will be charged with simple possession. However, when there is a significant amount of the drug in question, the charge can be upgraded to possession with intent. Other factors that may lead to upgraded charges include the presence of scales, small plastic bags, and a large amount of cash when law enforcement found the drugs.

Penalties for simple possession are serious enough on their own. Yet, if you are convicted for possession with intent, your sentence can be increased substantially, potentially leading to years of imprisonment and thousands of dollars in fines. In addition, you will have a felony on your permanent record that will likely impact many future endeavors, such as getting a job, renting an apartment, or traveling outside of the U.S.

The specific punishment for possession with intent depends on several factors, including:

• The type of controlled substance.
• The amount of controlled substance in your possession.
• Whether or not the police found drug paraphernalia.
• Any previous drug-related offenses.

The range of penalties for possession with intent involving Schedule I and II drugs is between five and 30 years in prison for a first offense. Second and subsequent offenses can result in a 10 to 40-year prison sentence or even life. When the crime involves Schedule III, IV, and V drugs, the penalty is one to 10 years in prison.

We fight for “not guilty” verdicts. Call (912) 417-5008 or just use our online contact form now to get a strong Savannah drug possession defense attorney from Schneider Lerch, LLC on your side.

How To Beat a Drug Possession Charge in Georgia

As a defendant, you hold certain rights. These include:

• The right to remain silent.
• The right to defend yourself.
• The right to an attorney.
• The right to due process.
• The right to be protected from being arrested without probable cause.
• The right to be protected from illegal search and seizure.

After an arrest, protecting your rights is critical, especially the right to remain silent. Many cases become harder to defend because people answer questions or make statements to police. You should provide basic identifying information only, clearly request an attorney, and refuse questioning until counsel is present. Once you invoke this right, police must stop questioning, helping protect your case.

If you are charged with possessing a controlled substance in Georgia, several defenses may be available. Common strategies include challenging unlawful searches or seizures and disputing the identification of the substance. Other defenses may involve lawful medical or scientific use, or arguing that you did not actually possess the drug. The attorneys at Schneider Lerch, LLC can evaluate which defenses apply to your situation.

Beyond defenses at trial, legal representation can help pursue reduced charges or alternative resolutions. Negotiations with prosecutors may lead to lesser offenses, lighter sentences, or options such as community service or rehabilitation programs. In some cases, these alternatives can result in dismissal. The goal is to protect your rights while working toward the most favorable outcome possible.

What To Expect When Your Case Is in Savannah Courts

When you are charged with a drug offense in Savannah, it helps to know how your case will move through the local court system. Many possession cases begin in the Recorder's Court of Chatham County or the Municipal Court of Savannah before being bound over to the State Court or Superior Court of Chatham County, depending on the severity of the charge.

Early in the process, you will usually have an initial appearance and then an arraignment, where you enter a plea and deadlines for motions are set. We use this window to investigate how the evidence was obtained, request police reports and body camera footage, and evaluate whether to file motions to suppress or other challenges to the stop, search, or seizure.

As your case progresses, there may be calendar calls, motion hearings, and pretrial conferences, all typically held at the courthouse in downtown Savannah. Our drug possession lawyer in Savannah will prepare you for each appearance, explain what will happen, and discuss whether it is wiser to continue negotiations or set the case for trial.

Conditional Discharges

If this is your first time being arrested for possession of a controlled substance, you might be able to obtain a conditional discharge. Instead of being sentenced to jail, a court may decide to impose a period of probation. If the terms of the probation are followed, and any additional requirements like attending a drug treatment program are met, your charges will be dismissed and will not be added to your record.

How Our Savannah Drug Possession Lawyers Can Help 

There are many people who are so frightened when arrested and charged that they make the wrong moves. These people may not even realize that there is a high potential for having the charges dismissed and make the serious error of pleading guilty. 

When you plead guilty, the process comes to an end, and the next phase is sentencing. You cannot change a "guilty" plea to "not guilty," whereas you can change "not guilty" to "guilty" if this proves to bring some advantage that you, as an informed defendant and in close communication with counsel, believe is the best strategy.

Never plead guilty to any drug possession charge without first retaining defense counsel that you can trust to engage in the most effective strategies for you. Our experienced lawyers are dedicated to helping our clients achieve the best possible outcome. After we evaluate your case, our legal team can help you understand your rights and options during this time.

Obtaining a case dismissal, or even a reduction of charges, never comes easy, especially with felony drug charges as serious as these. But we have the knowledge and resources to help craft a strategic defense to protect your rights and future. We have successfully handled thousands of cases, won many jury trials, and are not afraid to go head-to-head with the most renowned prosecutors. Should you choose to work with us, we can mount a strong defense on your behalf to help get your charges reduced or dismissed.

When you work with our Savannah legal team, you can expect us to handle critical aspects of your defense such as:

• Carefully reviewing evidence to analyze police reports, witness statements, lab results, and any video footage for weaknesses or inconsistencies.
• Identifying legal issues by examining whether officers had lawful grounds to stop, search, or arrest you and whether your constitutional rights were violated.
• Developing a tailored strategy that takes into account your prior record, the specific drug alleged, and your personal and professional goals.
• Negotiating with prosecutors to pursue charge reductions, diversion, or treatment-based resolutions where appropriate and available.
• Preparing for trial in the Chatham County courts when negotiation is not in your best interest, including filing motions, selecting a jury, and presenting your defense.

Do not wait to call (912) 417-5008 or to reach out here online to schedule your free initial case review. The sooner you call, the sooner we can start formulating an effective strategy.