Drug Cases

Georgia and the Federal Courts treat narcotics cases very seriously. Whether the substance is cocaine, marijuana or some other substance, some issues are common to all cases.

Drug cases start with the arrest and the curcumstances under which the arrest was made.

The first question centers on how the police found the substance. Closely examining how the police conducted the search for and seizure of the item is of utmost importance. While the Fourth Amendment protects against illegal searches and seizures, the law in this area is complex and always changing. This examination requires an attorney to detail how the police claim they searched for and seized the item, compare this to how any witnesses say it occurred, and research the applicable law. A successful hearing on this matter means the judge finds that what the police did was illegal, forbids the introduction of the illegally seized evidence, and therefore, the case is often dismissed.

Another important issue is whether the police used a confidential informant during the investigation. In only limited circumstances must the police reveal the identity of that person. While the instances when an informant must be revealed are rare, careful investigation into this aspect of the case is necessary. Since the police usually do not want to reveal the identity of the snitch, successfully forcing them to do so can facilitate a resolution of the case. If the prosecution is ordered to reveal the snitch's identity and they refuse, the case can be dismissed.

Possession
At the trial of a possession case the government must prove that the person accused possessed the substance. Possession does not mean ownership. Possession means the care, custody, control, or management of the substance. A person is not necessarily in possession of a substance simply because the substance was found in that person's home, car, or luggage. For possession to be complete, the accused must knowingly possess it. Therefore, a person can possess narcotics they do not own, but can be found not to possess narcotics that are in or on their property.

Intent to Distribute
In a delivery case, the prosecution must prove the accused delivered a controlled substance to another, either actually or constructively, whether or not it was for a fee, or that they agreed to do so. Often, the accused in a delivery case is not arrested for some time after the incident occurred. This is often due to the use of informants and undercover police. Since video surveillance is rarely used, the jury in a delivery case must depend on the testimony of officers. Therefore, identification and witness credibility is very important.