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Drug Trafficking

Atlanta’s Leading Drug Trafficking Lawyers

If you have been charged with a drug crime in Atlanta, you should quickly hire a criminal defense lawyer to respond to these charges properly.

All drug trafficking charges are serious and come with harsh penalties. Many trafficking charges (under either federal or Georgia law) are punished with 10+ year prison sentences. You may be facing much longer sentences if you already have drug charges on your criminal record. Some drug charges have mandatory minimum sentences that prevent the judge from showing leniency.

Contact us now to schedule your free consultation. This will be your chance to provide your side of the story and to get basic answers about the charges you’re facing from a real lawyer. If we can take your case, you’ll be matched with one of our experienced drug crime attorneys, and we’ll begin crafting your defense strategy.

You may have more questions about Georgia drug laws or how an attorney can help. While you’re waiting to hear back from our law office, you may find the general information below helpful. While it does not constitute legal advice, it does clarify some things for first-time offenders or people who don’t understand their charges.

You’ll learn what to do when charged with drug trafficking, learn about types of drug trafficking charges, and get answers to common questions.

What to do First When Charged with Drug Trafficking Crimes in the State of Georgia

Your first step in all drug trafficking cases should be to retain the services of a lawyer as soon as possible. The police will likely try to question you. Do not speak to the police without first consulting with a lawyer. You have a right to counsel from an Atlanta criminal defense lawyer if you choose it, so you should choose a lawyer before you answer any questions. You have the right to remain silent. Exercise the right to remain silent until your lawyer has spoken to you.

Bail will not always be offered to you when you are charged with Atlanta drug trafficking offenses. The prosecutor may argue that you are a flight risk. You will need an experienced drug trafficking attorney to have a chance of being released on bail for charges like these. If you’re offered bail, it may be very high.

Once you’ve been charged, the legal process can proceed in several ways. If you plead not guilty and do not accept any plea bargains, you must go to trial. The trial will be your chance to argue for your innocence before a judge and jury. Atlanta drug crime lawyers play an important role in preparing you for court and fighting for you while the trial is ongoing.

Types of Drug Trafficking Charges in Georgia

Numerous drug offenses are included in the Georgia Code, including charges related to simple possession, possession with intent to distribute, actual distribution, and trafficking. These offenses apply to numerous drugs, including marijuana, cocaine, heroin, fentanyl, and scores of other controlled substances, including pharmaceutical drugs.

There are cases involving street-level distributors and other cases involving corrupt doctors who sell opioids for no legitimate medical purpose. The sentences range from probation to life in prison, depending on the drug involved, the quantity of the drug involved, and the defendant’s prior record.

Unlike many states, which consider possession of illegal drugs in small amounts a misdemeanor, Georgia treats almost all drug possessions as felonies. The only exception is for marijuana possession, and even then, having more than one ounce of cannabis is considered a felony.

The type of drug and amount will determine what penalties someone charged with felony drug possession faces. In general, though, those charged with felony possession face:

  • One to 15 years in prison for Schedule III, IV, and V drugs (most steroids, prescription drugs, Xanax, Valium, and other psychological drugs or low-level painkillers)
  • Two to 15 years in prison for Schedule I (heroin, LSD, cannabis, Ecstasy, amphetamines, methamphetamine, etc.) and II (most opioids like oxycodone, fentanyl, morphine, opium, or codeine) drugs
  • One to 10 years in prison for possession of more than one ounce of marijuana
  • Additional penalties include high fines and the mandatory suspension of your driver’s license for six months. Subsequent offenses only increase all of these penalties, as does being caught near a school with illegal drugs.

FAQs About Drug Trafficking Charges

You can get probation for a felony drug charge in Georgia. Georgia also has a specific statute that is sometimes called a "drug first offender" which applies only to certain drug cases. If you qualified for that deferred adjudication, then you can avoid having a conviction on your record.

Your prior criminal history is very important in determining the potential outcome in your case. Generally, first time offenders are treated more leniently than those who have prior criminal offenses on their record.

How your criminal defense attorney chooses to defend you will depend heavily on the details of your case. For example, your lawyers may challenge the validity of the evidence against you, which involves calling the credibility of witnesses into question.


One way to overcome the charges against you is to have them thrown out. If the charges were not appropriately filed, or there was insufficient evidence to charge you, your lawyer can focus on these issues, and they may argue that police officers or other law enforcement agents abused their rights or powers.

It depends on whether the case is in state court or federal court; it also depends on the drug type and drug weight. For example, in Georgia, if someone sells or intends to sell more than 28 grams of cocaine, that is drug trafficking.

The sentences for drug trafficking can vary widely. There are some drug trafficking offenses that carry mandatory minimum penalties (starting at 5 years and going up from there). Some drug trafficking offenses can be punished by a sentence of life, depending on the defendant's prior criminal history and the facts and circumstances of the drug trafficking offense.

Drug dealing and drug trafficking can be interchangeable terms. "Drug trafficking" is a legal term that depends on the drug type and drug weight that are alleged to be at issue in the case.

Drug trafficking cases commonly have undercover agents or confidential informants who are used to prove the government's case. Confidential informants are usually people who have been arrested and choose to cooperate with the government in order to get a better result for their own charges. There may also be surveillance audio or video of alleged drug deals, or wiretap evidence that is used as evidence in drug trafficking cases. 

In every criminal case, the prosecution has the burden of proof to provide evidence that demonstrate's the accused's guilt beyond a reasonable doubt. That burden never shifts to the defense.

Some drug trafficking charges do not have a mandatory minimum; some can have minimums that are 5 years, 10 years, or more. It depends on the drug type, the drug weight, and the criminal history of the accused.

Drug trafficking is a more severe charge than mere drug distribution. Drug distribution is sometimes referred to as "possession with intent to distribute." Drug trafficking charges usually carry more severe penalties than drug distribution charges.

The potential sentence for intent to distribute in Georgia depends on the drug type and drug weight. For example, possession of marijuana with intent to distribute carries a potential sentence of 1-10 years (depending on the defendant's prior criminal history.)

Trafficking is the manufacturing, distribution, delivery, sale, or possession of large amounts of a controlled substance. The police do not need to significantly prove that you intended to deliver, sell, or distribute any of the drugs you possess. Merely possessing amounts over the limits can be considered enough to charge you with trafficking. 

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When you hire the law firm of Garland, Samuel & Loeb, you can rely on us to do everything in our power to reach the best possible outcome in your case. Whether you have suffered a serious injury in an accident or are facing criminal charges, our attorneys will fight to see that your rights are protected from the start.  

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