Accused of a Crime? Are You Worried How it Will Affect
Dunwoody is a city and suburb of Atlanta, located in DeKalb County in Georgia. The population stands at close to 50,000 residents. Dunwoody remained rural until the 1960s, when suburban residential development began. Incorporated as a city in 2009, the city's heart is Dunwoody Village, which is known for the distinctive Colonial Williamsburg style of the architecture. The Police Department began providing law enforcement to the city in April 2009. Violations of state law and local ordinances occurring within city limits are prosecuted and decided in its Municipal Court. Most cases involve traffic violations and misdemeanors. If you are charged with a crime in Dunwoody, such as shoplifting or a drug offense, you should consult skilled criminal defense attorney Thomas C. Nagel without delay. We can craft a strategy to protect your rights and pursue your goals.Marijuana Possession in Georgia
Georgia law enforcement takes drug offenses very seriously, including marijuana possession charges. It remains a crime in this state to possess marijuana for personal use or with the intent to manufacture or sell it. When less than 10 pounds of marijuana are possessed, under § 16-13-30, the offender can be convicted of a felony that is punishable with one to 10 years of imprisonment.
Trafficking in marijuana occurs when 10 or more pounds of marijuana are manufactured, sold, or brought into the state. If you are caught trafficking an amount of marijuana between 10 and 2,000 pounds, the mandatory minimum prison sentence is five years. You may also face a fine of $100,000. If you are caught with between 2,000 and 10,000 pounds, the mandatory minimum prison sentence is seven years, and you may also be fined $250,000. The mandatory minimum for 10,000 pounds or more of marijuana is 15 years in prison, and you may also be fined $1,000,000.
There are additional penalties when a minor under 17 years old is involved or when the offense occurs in a school zone. It is a felony to solicit a minor under 17 years old to help manufacture or distribute marijuana. If you are convicted, you can be punished with five to 20 years of imprisonment, a $20,000 fine, or both. If you are caught possessing or selling marijuana within 1,000 feet of a school, playground, or other drug-free zone, you can face additional penalties based on how many convictions you have previously had. If it is your second offense, there is a mandatory minimum of five years in prison and a maximum of 40 years, a $40,000 fine, or both.
There is a defense, separate from the usual constitutional and procedural defenses in drug prosecutions, which can be raised in connection with school zone violations. If you can show that the marijuana possession took place in a private residence, that it was not for financial gain, and that nobody under 17 years old was actually present, you will face penalties applicable to the underlying crime, but not the additional penalties for a school zone violation.Fight the Charges Against You with a Dunwoody Attorney
Criminal charges in Georgia can have serious long-term social and legal consequences, but there may be strong defenses available, depending on your situation. For example, the police might not have had a proper warrant when they seized evidence critical to the prosecution’s case, which could mean that the evidence would be excluded on constitutional grounds. If you have been charged with a crime such as a drug offense, DUI, or vehicular homicide or injury in the Dunwoody area, you should consult experienced lawyer Thomas C. Nagel. Call 404-255-1600 or contact Thomas C. Nagel, Attorney at Law via our online form to discuss your options.