The Sixth Amendment to the U.S. Constitution and Article I, Section I, Paragraph XII of the Georgia Constitution establish your fundamental right to legal counsel in criminal proceedings. You also possess the Fifth Amendment right against self-incrimination, meaning you can refuse to answer police questions without an attorney present. The Fourth Amendment protects you from unreasonable searches and seizures, evidence obtained through illegal searches can be suppressed through pretrial motions under O.C.G.A. § 17-5-30.

Georgia law requires the State to file charges within specific limitation periods under O.C.G.A. § 17-3-1. For most misdemeanors, prosecutors have two years from the offense date. For most felonies, they have four years, though murder has no limitation period. Your right to speedy trial means that unreasonable prosecution delays can result in case dismissal. We enforce these deadlines aggressively when the State attempts to prosecute cases outside statutory time limits.

At every stage, from initial appearance through trial and sentencing—you’re entitled to effective legal representation. Georgia appellate courts have repeatedly held that the right to counsel extends to critical stages including plea negotiations, bond hearings, and suppression motions. We ensure you understand every charging document, potential penalty, and available defense before you make decisions that affect your liberty and your record.

Georgia’s Controlled Substances Act, codified at O.C.G.A. § 16-13-1 et seq., criminalizes possession, distribution, manufacture, and trafficking of marijuana, cocaine, methamphetamine, prescription medications, and other controlled substances. Simple possession of marijuana under one ounce remains a misdemeanor punishable by up to 12 months in jail. Possession of cocaine, methamphetamine, or most other Schedule I and II drugs constitutes a felony carrying one to five years for a first offense.

Trafficking charges under O.C.G.A. § 16-13-31 trigger mandatory minimum sentences based on drug weight: 28 grams of cocaine, 4 grams of opiates, 28 grams of methamphetamine. These mandatory minimums cannot be suspended or probated, making suppression motions absolutely critical in trafficking cases.

Our defense strategy in drug cases focuses on Fourth Amendment violations. We challenge vehicle searches conducted without probable cause or valid consent. We file motions to suppress evidence seized during illegal traffic stops or warrantless home entries. We contest constructive possession cases where the State can’t prove you knew about drugs found in shared vehicles or residences. In circumstances where search warrants were used, we examine affidavits for false statements, stale information, or insufficient probable cause to support the warrant.