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Drug Possession Charges

A conviction for most Drug Possession offenses will violate immigration laws causing deportation and/or inadmissibility. STERN Law has the expertise to successfully defend your criminal case and immigration status.

For a first possession of drugs, you may be eligible for conditional discharge sentencing under O.C.G.A. 16-3-2. 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!

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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).

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 need an experienced CrImmigration Attorney to overcome your charges. Potential defenses may include suppression of evidence obtained in violation of your 4th Amendment Right to be free of Unlawful Search and Seizure.  This requires 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 on the state site. Please check official sources.

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