Legal Question in Criminal Law in Georgia

distribution of meth

Was charged with possesion of meth, acid, and pills with intent to distribute. The meth was in different bags but other stuff was in one bag. Is there any way the charges could be dropped to just possession or dismissed? No scales were found or anything that could prove distribution. The cops were told it was for personal use. Also they came in without warrant and said they were using his 4th amendment waiver but the apartment was in a different name than his. Are they allowed to do that? And they did not arrest the other person there.


Asked on 8/05/04, 12:00 am

2 Answers from Attorneys
Jim Hough Thomas J. Hough, Jr., P.C.

Re: distribution of meth

If the State is relying on a 4th Amendment waiver, it sounds as though the defendant is already on probation. Has his probation already been revoked based on the new charges?

It is not necessary, absolutely, to present scales and other items used in distribution, to establish a case for distribution. That, of course, would be part of defensive arguments to the effect that the contraband was for personal use only.

Your friend needs representation badly.

Jim Hough

770-607-5300

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Answered on 8/05/04, 9:23 am
W. Henry Clerke IV Bryman, Clerke & Kent, P.A.

Re: distribution of meth

Yes it is possible that the charges could be reduced or even dismissed. However this is dependant upon the particular facts of your case. Assuming that the officer violated your rights when he searched and seized the alleged contraband you may file a motion to suppress and ask that the evidence be suppressed. Assuming that the same is successful then the charges should be dismissed. In the event that the motion is not granted you still have the option of a negotiated plea to a lessor offense. You may also be eligible for first offender status. Please let me know if you have any additional questions.

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Answered on 8/19/04, 7:00 am


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