Controlled Substance Offenses

We can protect you in Federal or Georgia Courts against
Controlled Substance Offenses

If convicted for controlled substance type offenses, it is a serious violation of immigration laws. Inadmissibility and deportation are very likely.

Georgia is one of the toughest states for drug sentencing. Federal sentencing remains harsh on drug distribution offenses, especially when involving a weapon.

While more courts are recognizing the need for an alternative sentence other than prison for non-violent drug charges, possessing small amounts of most drugs is still considered a felony offense.

For a U.S. citizen, a felony offense can prevent job opportunities, the right to carry a weapon, suspend your driving privileges, prevent student loans or other financings, foreclose housing benefits, revoke professional licensing, and many, many other consequences. For a non-U.S. citizen, you will be deported for any drug offense conviction, other than one (1) misdemeanor incident of Possession of Marijuana < 1 Ounce, and will never be lawfully admitted to the U.S. again. Even one (1) misdemeanor < 1 Ounce conviction will make you inadmissible to the U.S. upon re-entry. Only some will qualify for a waiver of inadmissibility.

WARNING: If convicted, a felony is likely to affect the rest of your life. You want an experienced CrImmigration Attorney right away, to overcome your charges before there is a conviction.

We have litigated over 600 hundred felony drug cases with much success, preventing countless deportations. STERN Law has the expertise to successfully defend against federal or Georgia criminal charges and protect your immigration status.

POSSESSION OF DRUGS

A conviction for most drug possession offenses violates immigration laws, causing deportation and/or inadmissibility.

For the first possession of drugs, you may be eligible for conditional discharge sentencing. If your attorney negotiates a sentence involving conditional discharge, you will not have a conviction on your Georgia criminal history record so long as you successfully complete the terms of your sentence. However, beware that under federal immigration law, this is a criminal conviction!

WARNING:Sometimes even dismissed charges are considered convictions under federal immigration law. The federal definition of a conviction is: “a formal judgment of guilt of the alien entered by the court” or, “if adjudication of guilt has been withheld, where…a judge has found the alien guilty, or the alien has entered a plea of guilty or nolo contendere or has admitted sufficient facts to warrant a finding of guilt, and…the judge has ordered some form of punishment, penalty, or restraint on the alien’s liberty to be imposed.” INA § 101(a)(48)(A), 8 U.S.C. § 1101(a)(48)(A).

For a non-U.S. citizen, you will be deported for any drug offense conviction, other than one (1) misdemeanor incident of Possession of Marijuana < 1 Ounce, and will never be lawfully admitted to the U.S. again. Even one (1) misdemeanor < 1 Ounce conviction will make you inadmissible to the U.S. upon re-entry. Only some will qualify for a waiver of inadmissibility.

You want an experienced CrImmigration Attorney to overcome your charges and avoid conviction. Potential defenses require a deep knowledge of the law and police practices. STERN Law has litigated hundreds of felony drug cases with much success, preventing countless deportations.

Possession of Controlled Substances

GA Code § 16-13-30 (2016) Criminalizes the possession and intended distribution of up to 28 grams of any controlled substance, including (but not limited to):

Marijuana, Cocaine, Methamphetamine, MDMA Ecstasy, LSD, Heroin, and controlled prescription drugs.

Disclaimer: These codes may not be the most recent version. Georgia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to the state site. Please check the official sources.

INTENT TO DISTRIBUTE, SALE, TRAFFICKING

A conviction for most drug distribution and trafficking offenses will violate immigration laws as an “Illicit Drug Trafficking Aggravated Felony Offense”, causing mandatory deportation and permanent inadmissibility to the United States.

Believe it or not, it is possible to receive a life sentence in prison if convicted of two or more drug distribution offenses regardless of the amount of drugs involved. If this is coupled with at least 3 prior felony convictions, the sentence is not eligible for parole. Thousands of people spend decades or entire lifetimes in prison for a non-violent offense.

If weapons were involved in your case or you have prior felony convictions, judges and prosecutors are more likely to increase sentences because of these.

It is critical that you hire an experienced lawyer who has fought the government in protecting clients from serious drug convictions. STERN Law has the expertise to successfully defend your criminal case and immigration status.

WARNING: Sometimes even dismissed charges – like “First Offender” and “Conditional Discharge” sentences – are considered convictions under federal immigration law. Here’s the federal definition of conviction: “a formal judgment of guilt of the alien entered by the court” or, “if adjudication of guilt has been withheld, where…a judge has found the alien guilty, or the alien has entered a plea of guilty or nolo contendere, or has admitted sufficient facts to warrant a finding of guilt, and…the judge has ordered some form of punishment, penalty, or restraint on the alien’s liberty to be imposed.” INA § 101(a)(48)(A), 8 U.S.C. § 1101(a)(48)(A).

Possession of Controlled Substances with Intent to Distribute Drugs

GA Code § 16-13-30 (2016) Criminalizes the possession with intent to distribute of up to 28 grams of any controlled substance, including (but not limited to):

Marijuana
Cocaine
Methamphetamine
MDMA Ecstasy
LSD
Heroin and controlled prescription drugs

Trafficking Controlled Substances

Drug trafficking offenses are highly complex cases. The defense requires specialized knowledge in the area of drug trade operations and skilled consideration when dealing with co-defendants or confidential informants.

GA Code § 16-13-31 (2016)

Trafficking generally involves the distribution of 28 grams or more of a controlled substance. Each trafficking charge requires individual statutory analysis to determine which sentence applies, but most offenses carry either 5, 15, or 25-year mandatory sentences (without the possibility of probation or sometimes parole) depending on the weight and purity of the drugs.

Disclaimer: These codes may not be the most recent version. Georgia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to the state site. Please check the official sources.

We can protect you in Federal or Georgia Courts against Controlled Substance Offenses