What to Do If You Are Arrested for Drug Possession in Cobb County
Being arrested for drug possession in Cobb County can feel overwhelming in the moment. Your mind is racing, the situation is unfamiliar, and you may not know what steps to take. But what you do, and what you avoid doing, in the hours and days following an arrest can matter significantly to how your case unfolds.
Understand What You Are Being Charged With
Georgia’s drug possession laws are governed by O.C.G.A. § 16-13-30, which makes it unlawful for any person to purchase, possess, or have under their control any controlled substance without authorization. The severity of the charge depends on the type of drug and the quantity found.
Controlled substances in Georgia are organized into five schedules based on their potential for abuse and whether they have accepted medical uses. Possession of a Schedule I controlled substance or a Schedule II narcotic, such as heroin or cocaine, is a felony carrying two to fifteen years in prison for a first offense and up to thirty years for a subsequent conviction. Possession of a non-narcotic Schedule II substance carries one to three years for under two grams, one to eight years for two to four grams, and one to fifteen years for four to twenty-eight grams. Possession of Schedule III, IV, or V substances is also a felony, with sentences ranging from one to five years. And when the quantity of certain substances crosses a statutory threshold, the charge may be elevated to drug trafficking under O.C.G.A. § 16-13-31, which carries mandatory minimum sentences.
Steps to Take After an Arrest
The period following an arrest is critical. Here are important steps to keep in mind:
- Invoke your right to remain silent. You are not required to answer questions from law enforcement beyond providing basic identifying information. Politely but clearly state that you wish to remain silent.
- Do not consent to searches. If officers ask to search your car, home, or belongings, you have the right to decline. Whether a search was lawful is often a significant issue in drug possession cases.
- Document everything you can remember. As soon as possible, write down everything you recall about the arrest, including how officers approached you, what they said, and what happened step by step.
- Avoid discussing the case with others. Conversations with anyone other than your attorney are not protected by privilege and could potentially be used against you.
Talk to a Defense Attorney as Soon as Possible
Drug possession charges are not always straightforward. In many cases, the circumstances of the arrest open the door to legal defenses. Law enforcement is required to follow constitutional rules when conducting stops and searches, and evidence obtained through an unlawful search may be subject to suppression under the Fourth Amendment. Georgia courts also require the prosecution to prove that the defendant knowingly and intentionally possessed the substance, meaning the presence of drugs alone does not automatically result in conviction. Constructive possession, where drugs are found in a shared space rather than on a person’s body, raises additional questions about who actually controlled the substance.
For those without a prior criminal record, Georgia law may also provide access to certain diversion programs, including accountability courts with drug treatment components, which can offer an alternative path outside of traditional prosecution.
A drug possession arrest in Cobb County can feel like the end of the road, but there are often more options available than people realize. We recommend speaking with a qualified attorney as soon as possible after an arrest. At Arca Law, our Marietta drug crime attorneys serve clients throughout Marietta and the surrounding metro area. Contact us today to schedule your free consultation and discuss how we may be able to help.
Source:
law.justia.com/codes/georgia/title-16/chapter-13/article-2/part-1/section-16-13-30
