Drug Possession Defense (Article 260): Qualified Legal Protection
Drug policy in Georgia has undergone significant changes in recent years, yet the purchase and possession of narcotic drugs remain among the most common and strictly regulated crimes. Article 260 of the Criminal Code provides liability for the illegal purchase and possession of drugs without intent to sell. Legislation distinguishes between drug quantities: small, large, and particularly large amounts. The quantity is determined based on chemical expertise, according to the weight of the pure substance. Despite liberalization (e.g., decriminalization of marijuana consumption), even the smallest dose of certain narcotics can lead to criminal prosecution. It is vital for the accused to engage a lawyer immediately to ensure procedural rights are protected from the moment of search and detention.
Legal.ge offers criminal defense lawyers with years of experience in drug crimes. Through our platform, you will find a specialist who will fight for your freedom, attempt to mitigate charges, or reach a plea bargain.
What Does Drug Possession Defense Service Cover?
Legal services cover all stages of the criminal process:
- Checking Legality of Detention and Search: Examining personal search and detention protocols conducted by police to identify procedural violations.
- Controlling Chemical Expertise: Verifying the accuracy of the determination of the drug's weight, type, and quantity.
- Plea Bargaining: Negotiating with the prosecutor's office for a lighter sentence or a conditional sentence (probation).
- Diversion: Utilizing alternative prosecution mechanisms for first-time offenders.
- Court Representation: Defending interests during preventive measure hearings (bail vs. detention) and trial on the merits.
Common Scenarios and Risks
Charges under Article 260 often arise in the following situations:
- Personal Search: Being stopped by police and finding prohibited substances in pockets or bags.
- Home or Vehicle Search: Law enforcement finding drugs in a residence or vehicle.
- "Festivals and Clubs": Arrests during raids at mass gathering places.
- Pharmacy Drugs: Purchasing psychotropic medications without a prescription or illegally.
Georgian Legal Framework
The main regulatory acts are the Criminal Code of Georgia (Article 260) and the Law on Narcotic Drugs, Psychotropic Substances and Precursors. The latter establishes the list of substances and their quantities. It is important to remember that "small amount" varies for each drug. For some synthetic drugs, a small amount is not defined at all, meaning any amount constitutes a criminal offense. Following Constitutional Court rulings, possession of small amounts for personal use may no longer carry imprisonment in some cases, but it remains a criminal offense.
Steps in the Process with a Specialist
Working with a lawyer involves:
- Urgent Consultation: Calling a lawyer immediately upon detention and defining strategy before giving the first statement.
- Reviewing Materials: Studying the prosecution's evidence.
- Negotiation: Communicating with the prosecutor regarding a plea bargain or diversion.
- Preventive Measure: Fighting in court for bail instead of pre-trial detention.
- Result: Concluding the case with minimal damage to the client (fine, probation, or acquittal).
Why Legal.ge?
Drug crime is an area where every gram matters. Improper defense can lead to years of imprisonment. Legal.ge connects you with lawyers who are thoroughly familiar with drug legislation and court practice. Find your defender on Legal.ge and protect your rights.
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