Atlanta Drug Possession Defense Lawyer

Charged with Possession of a Controlled Substance in Fulton County? Here’s What You Need to Know.

A drug possession charge carries real consequences: jail or prison time, probation, steep fines, and a permanent criminal record that can close doors to employment, housing, and professional licensing. If you’re facing this charge in Atlanta, you need an attorney who understands exactly how Fulton County prosecutors build these cases. At Tevis Law Firm, LLC, we defend clients accused of drug crimes throughout Atlanta and the surrounding area, and we know how to fight back.

An arrest isn’t a conviction. We’re available 24/7 to answer your questions, and we offer free initial consultations. If taking your case to trial is what it takes to protect your future, we’re prepared to do it.

Call our Atlanta drug possession lawyer at (404) 907-2527 or contact us online to schedule your free consultation today.

What Counts as Possession of a Controlled Substance in Georgia?

Georgia law defines possession of a controlled substance as knowingly possessing the substance. Two forms of possession matter here. Actual possession means the substance is on your person, in a pocket, bag, or purse. Constructive possession applies when the substance is found somewhere you control, such as a vehicle or a residence, even if it isn’t physically on you.

The knowledge element is critical. The prosecution must prove you knew the substance was present and knew it was a controlled substance. If a friend left drugs in your car without your knowledge, that gap is a recognized defense. Joint possession situations, where multiple people have access to the same vehicle or home, raise the same question and can be contested on those grounds.

Penalties for Drug Possession Under Georgia Law

Under the Georgia Controlled Substances Act (VGCSA), penalties depend on the drug’s schedule classification and the quantity involved.

• Schedule I and Schedule II substances (felony): Possession of heroin, cocaine, methamphetamine, or any other Schedule I or Schedule II controlled substance is a felony under OCGA 16-13-30. First-offense sentences range from 2 to 15 years in prison, with penalties escalating based on quantity and prior record.
• Schedule III, IV, and V substances (felony): Possession of a Schedule III, IV, or V controlled substance is also a felony, carrying 1 to 5 years in prison.
• Marijuana under one ounce (misdemeanor): Possession of less than one ounce of marijuana is a misdemeanor punishable by up to one year in jail and up to $1,000 in fines.
• Marijuana one ounce or more (felony): Possession of one ounce or more of marijuana is a felony offense.
• Drug-free zone enhancements: Penalties can increase significantly when an offense occurs within 1,000 feet of a school, park, or other designated drug-free zone.

Beyond the criminal sentence, a conviction carries lasting collateral consequences: driver’s license suspension, loss of federal student aid eligibility, immigration consequences for non-citizens, and difficulty securing employment or housing long after the case closes.

Why Atlanta Residents Choose Tevis Law Firm, LLC for Drug Possession Defense

Attorney Brian Tevis previously worked at the Office of the Public Defender in the Atlanta Judicial Circuit, defending clients facing felony charges in the same Fulton County courtrooms where drug possession cases are prosecuted today. That experience gives him a firsthand understanding of how prosecutors approach these cases and where their arguments can be challenged.

That insider perspective is backed by a record of recognized achievement:

• AV Preeminent Rating: Attorney Tevis holds a Martindale-Hubbell AV Preeminent rating, the highest peer-review rating available, reflecting the respect of fellow attorneys for his skill and ethics.
• Avvo 10.0 Superb Rating: He carries a 10.0 Superb rating on Avvo and has been named an Avvo Top Contributor.
• Over 1,000 Clients Defended: We have defended more than a thousand clients on charges ranging from misdemeanors through serious felonies, including drug offenses.
• Broad Court Admissions: Attorney Tevis is licensed in all Georgia State and Superior Courts, the Georgia Court of Appeals, the Supreme Court of Georgia, and the U.S. District Court for the Northern District of Georgia.
• GACDL Membership: He is a member of the Georgia Association of Criminal Defense Lawyers and the GACDL Strike Force, keeping our practice current with the latest developments in criminal defense.

Clients work directly with Attorney Tevis throughout their case, not with rotating associates. If you’re looking for a drug possession attorney in Atlanta, that direct access to experienced counsel matters from the first call through resolution.

Defense Strategies for Drug Possession Charges

We begin every case by examining whether law enforcement conducted a lawful stop, search, and seizure. That review shapes everything that follows. The specific strategies available depend on the facts of your case, but the most effective tools include:

• Fourth Amendment suppression: Evidence obtained through an unlawful search or seizure can be excluded from trial through a suppression motion. When the drugs themselves are excluded, the prosecution’s case often may not proceed.
• Lack of knowledge: The prosecution must prove you knew the substance was present and knew it was a controlled substance. We look closely at whether that burden can be met.
• Chain of custody challenges: We examine whether the substance was properly handled, tested, and stored from arrest through trial. Gaps in that chain can undermine the prosecution’s evidence.
• Lab analysis challenges: We contest whether the substance was accurately identified and whether the testing procedure met required standards.
• Georgia First Offender Act: Eligible first-time offenders may be able to plead under OCGA 42-8-60 without a conviction being entered. Full details on this option and other diversionary paths are covered below.

If negotiation doesn’t produce an acceptable outcome, we’re prepared to take your case to trial. Every strategy we pursue is tailored to the specific facts of your situation, and we don’t make promises about outcomes that depend on evidence and circumstances beyond anyone’s control.