Challenging felony drug possession in Fulton County
In Georgia, the possession of any schedule of controlled substances can result in a felony charge — the only exception is possession of marijuana less than an ounce, which can be charged as a misdemeanor. If convicted of a felony you could be facing more than a year in prison, very high court fines, community service, expensive drug abuse treatment, a license suspension and a drug conviction on your permanent record. If this is your first drug possession arrest, your primary goal is going to be to keep a felony conviction from being reported on your criminal record, and there are multiple avenues to pursue in challenging the charge.
A crucial aspect of evaluating the quality of the government’s drug possession case is a close analysis of the search the police conducted prior to discovering drugs, as many drug charges are dismissed as the result of an unlawful search or seizure. Often drug possession charges start with a basic traffic stop; the driver is pulled over for something as common as failure to obey a traffic control device. The officer makes contact with the driver and over the course of the traffic investigation, the officer usually will either (1) detect the odor of marijuana – or some other illegal substance; or (2) request and/or demand permission to search the car. In some instances, the police will conduct an unlawful search by coercing an individual to give “voluntary” consent to search; sometimes they will simply search without consent at all. There are also reasons to question the reliability of K-9 drug dog searches. Only a close study of what occurred prior to, during and after the search will expose potential weaknesses of the case.
Attacking the validity of the search is not the only method available for beating a drug possession charge. Many people overlook opportunities to challenge the forensic analysis of the drug itself. Drug analysis is not a perfect science, however, since it is a science, many people, including attorneys are easily intimidated by the science involved, and they ignore viable challenges to possibly flawed evidence.
The amount of drugs that you have along with how they are contained will also affect the type of drug charge and possible consequences. For instance, if you are searched and the police discover a number of different bags of marijuana in your possession, you may be charged with intent to distribute (i.e., they think you intended to sell marijuana). This is a much more serious drug charge than mere possession.
For example, a young woman was charged with intent to distribute marijuana in a nearby county despite the fact that all the marijuana she had was intended for personal consumption. She simply had a variety of different types of marijuana that she had separated into different containers. When she was pulled over and the police searched her car, they assumed she intended to sell the marijuana. She was booked for intent to distribute, a very high bond amount was set, and the prosecutor offered her 12 months to serve in jail and 10 years on probation. Even more problematic was that her passenger, who had no knowledge of the marijuana, was also charged with the same crime!
Criminal defense for felony drug possession
The prosecutor is not going to assume responsibility for identifying weaknesses in their own case. Often, they will not investigate evidence of their case unless and until you hire a qualified drug attorney; since most prosecutors are responsible for hundreds of cases, if you go to court without a lawyer, there is tacit assumption that your case will result in an easy conviction.
If you are facing a felony drug possession charge, Attorney Erin Gerstenzang can help you understand the consequences you may be facing, and what you can do to avoid harsh penalties. With offices located in Atlanta, Erin frequently attends court not only in the local metro-Atlanta area (Fulton County), but also in many surrounding counties, including regular appearances in Cherokee, Cobb, Gwinnett, DeKalb, and Paulding counties, and has successfully handled a wide variety of drug charges in all areas.
What it's like to work with Erin
Pleasant, effective and efficient – thanks Erin!
I wanted the best possible legal outcome and Erin also came highly recommended through another lawyer. She was 100% worth it. Without getting into specifics, I would not have managed the same outcome if I appeared in court on my own. She knew the system, the judges, the court, etc and was extremely timely in her communications and follow-up in the lead up to my court date. Hiring was simple (electronic documents and payment); we communicated over calls and texts, without me having to meet her till the morning of my court date. She was patient in answering all of our questions and explained the legal scenarios clearly. So glad we hired her given the peace of mind and result. Thank you Erin!
Erin is confident, competent, knowledgeable, responsive and proactive. These are the key qualities I was looking for in an attorney. She was able to answer all of my questions and managed my expectations – while I was weighing my options. I ultimately decided to take my DUI case to trial and the ruling was in my favor, icing on the cake! If you are looking for legal representation, I strongly recommend consulting/hiring Erin.
Best Attorney – who can empathize, understand your problems & finds best way to get you out of it – got all my charges dismissed
I was looking for an attorney who could understand my case, who will be able to effectively fight for me and get the best outcome. That’s exactly what Ms. Erin did. She got to drop all the charges including reckless driving and also got my arrest to be restricted. I highly Recommend Ms. Erin.
Erin was amazing to deal with from start to finish. She really knew what she was doing and knew her way around the courthouse and prosecutors so that we could get the best result possible. She was very professional and communicated things to me very quickly and easily. She helped me out of a somewhat major traffic violation with only a fine. I would highly recommend her to anyone.
Erin saved me time, money and a whole lotta tears
Erin is top notch and made everything easy + seamless when I was feeling very frustrated and upset. I got a speeding ticket in Brookhaven and was not only thrilled with the result she achieved, but also how quickly she helped me.
As an attorney myself, I thought about handling the ticket on my own. I’m so glad I didn’t! She got me a better result than I ever could have imagined in no time. Get off the fence and contact her if you want this weight lifted off your shoulders.
I hired Attorney Erin regarding traffic; I was so impressed with her thoroughness engagement and professionalism. She was able to get the largest charge dismissed and I paid a fine for the lesser charge. She was engaged and caring. I always knew what was going on and her prices were very reasonable. This is the lawyer to trust!
If you are definitely looking for a lawyer that would represent you because they have your best interest at heart, Erin is the right person for the task. Not only would she explore and exhaust all options for your case, but she would guide you and give you feedback. She is excellent , knowledgeable, experienced and friendly. I was facing DUI and I had priors before, Erin was able to fight on my behalf and secure a favorable outcome in my case.
Really Really Great Attorney
Let’s start by saying I was charged with D.U.I ; Marijuana possession; Single car accident on a major highway here in Atlanta; & Refused sobriety test. It didn’t matter Mrs.Gerstenzang went to work had charges reduced to Wreckless Driving with a reduced fine. No headaches of D.U.I classes, no drug evaluation; no probation.
She was Awesome! I would recommend her to represent you. Trust me.
Great Traffic Lawyer
I’ve been a lawyer long enough to know that traffic court, especially in the City of Atlanta, is a very specialized practice. Accordingly, when our son was involved in a minor traffic accident, and we did not want to have to submit to the Atlanta Traffic Court’s “Pre-Trial Intervention-Traffic” scam, we reached out to Erin to handle it. Through her knowledge of the system, the solicitors, and the judges, she got us a great result, which was certainly much better than we could have achieved on our own.
I highly recommend her.
Fantastic lawyer, best possible outcome for the case
Erin was hired for a DUI case involving prescription medication. What made the case difficult was because of certain medical issues the client was not able to participate in his own defense. Erin had to think outside the box in representing the client, which she did with great compassion and success. She did a wonderful job of keeping us informed of her plans for representation and was always available to speak to us when necessary.
In our experience Erin really went to bat for her client. If you need legal representation in this area she is the best.
I was referred to Erin through my older cousin who had used her in the past for a DUI case. This was my second DUI so he recommended her as one of the best in Dekalb county. My case was a very peculiar one and there were a lot of factors involved because it involved DUI, Hit and Run and Equipment violation. Erin was able to get all my charges dropped and only have the Equipment violation. I am THOROUGHLY pleased with the gracefulness and professionalism that Erin upheld throughout the entire process. She never seemed defeated or became flustered no matter what new evidence presented itself. She was very knowledgable and I Would definitely recommend her to anyone dealing with DUI or any other criminal offense.
The best call I ever made
I found myself in a bit of a bind and needed someone that knew the system and could respond quickly. Erin turned on a dime to get me out of the immediate situation I was in and then worked with me to resolve the larger issues with in a month. I have her number in my cell phone and gave it to my family and friends so they know who to call if something goes wrong.
Absolutely the best, kindest, most upfront and caring attorney I have come across!
I called Erin for a simple consultation, and WOW, the wealth of knowledge the gave me was enough for me to go into court and represent myself effectively! She is not a crook or a scam artist out to take advantage of you, she genuinely cares about you and wants you to come out victorious, whether you do or do not use her. I highly recommend her, because not only is she sweet, kind and caring, she is upfront, honesty and to the point – exactly what a lawyer should be! She is definitely an asset to the Atlanta area attorneys and to any client who should choose to use her! There is no better option.
Erin Saved My License!!!
I was arrested for DUI in July, and it was a very scary and stressful time. Erin was able to turn all of that around for me.
The video of my arrest was terrible…after watching what I could stomach, it was apparent that Erin had her work cut out for her. My case was very complicated, and there were several factors that made it difficult to win. In court, it was very clear that Erin is highly respected among her peers. Erin was able to guide me through this tough time, while keeping my driving status in tact, not to mention avoiding jail time! I appreciate Erin’s hard work and dedication.
Amazing Lawyer Hands Down!
Erin deserves nothing less than five stars for her intelligence, commitment, passion, and success as a lawyer. With such an abundance of passion for her practice, Erin is one of the best lawyers in town. She is caring, and can move mountains for clients. Whether I needed help day or night, she was always there for me. Law is not just a job for Erin, but it is a passion and a part of her life. Her success in her cases shows her dedication to her clients. I would recommend Erin in a heart beat to anyone who is looking for a lawyer who not only cares about winning a case, but cares about the clients future. I don’t know what I would of done without Erin by my side supporting and representing me.