Legal Question in Criminal Law in Georgia
What should I do?
Suspected bag of drugs was found in employee restroom at my job, I was leaving restroom as Witness was going in, After police arrived, and I was held at police station for over 5 hours(In custody, not free to leave)and after several attempts to speak with an attorney. I was arrested and charged with these drugs that aere never in my possession. I had no knowledge of them. I do have a prior drug charge from 1997, I completed First Offenders. They have no stronge evidence. But the officers are stating that I went willing and was free to leave at any time. Untrue!! They are also stating that I admitted the bag was mine. Is all the burden of proof on them? Should I take it to trial. Help!!! It is their word against mine. They have no actual proof. I would like to take this case to trial, but I do realize if found guilty, I would receive a harsher sentence(Unfair!).Please help me....
1 Answer from Attorneys
Re: What should I do?
Whether or not you were in custody will play an important role in any supression motion that may come about regarding your statements to the police. This is a very complicated area and is far beyond any scope possible here.
Your problem is one that definately needs to be discussed with an attorney in a face to face manner. Any drug charge (other than "marj less than an oz" can carry some lengthy jail time. You stated you have used your "first offender" (I assume previous drug charge was a felony) and thus any conviction will result in a felony on your record. This will have implication to your right to vote, own guns, and maintain jobs, etc. Also, a conviction may have an implication on your ability to drive. I do not know what phase of the trial that you are at but you need to apply for a public defender or hire an attorney immediately. I can not stress strongly enough the need for an attorney.
Good luck.
The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.
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