How a roll stop can lead to felony drug charges
By Michael D. Barber, Georgia Lawyer specializing in DUI, Drug Charges & Criminal Defense
Almost everyone at some point rolls a stop sign (slowing down at the stop sign, but not coming to a complete stop). This type of driving is inherent in our driving, but also violates the law in that if you do not come to full and complete stop, you are giving officers a reason to stop your vehicle.
What can happen when officers perform a traffic stop on a vehicle?
During a stop, an officer will claim that, based on their experience, something else was going on during their interaction with the driver.
Then, at the end of this simple traffic stop the driver was charged with:
- Felony Possession of Marijuana
- Violation of the Georgia Controlled Substances Act (VGCSA)
- Hallucinogenic Mushrooms (Psilocybin)
- Violation of the Georgia Controlled Substances Act (VGCSA) THC Wax
- and $1400 in cash (which will result in a civil action by the government)
…all to name a few of the charges the driver can face in the course of running a stop sign.
There is a great deal of information above.
In addition to the charges that are currently pending, the occupants of the vehicle can also receive the same drug charges because they were simply in the car with the driver.
Of course, any reasonable person would say that makes no sense, they were just in the vehicle. In felony criminal law, the state can use a “vehicle” called “Parties to a crime” to enhance any charge onto another defendant.
This particular charge allows prosecutors to give charges to another defendant that otherwise would not apply. The state “looks” at the case as…why were the occupants in the vehicle if not to participate in the drug activity? If the answer for the state is slightly in any way “yes,” then those charges are deemed to be appropriate for the other defendants.
Drug charges and fatality traffic offenses in and near Atlanta
It doesn’t matter where you find yourself in Georgia, almost all of the police forces have a special team that investigates drug charges and fatality traffic offenses.
In Gwinnett County there is a specialized investigative section, which is a part of the criminal investigations division, that investigates violations of the Georgia Controlled Substances Act called the Narcotics Unit.
There is another team which is a part of the criminal investigations division which looks into accidents and traffic issues which is called the Crime Scene Investigations Unit. Each of these “detectives” have to be called onto the scene by responding officers.
If you have been accused by the police of Violation of Georgia Controlled Substances Act, Possession of Schedule I controlled substance or Possession of Schedule II controlled substance, Reckless Driving or Vehicular Homicide, then you need help from a trained Criminal Defense attorney.
Call our criminal defense lawyers to fight for YOU
Should YOU find that you either don’t want to face the court alone or simply feel that you need help from an attorney, then give our office a call regarding your citations.
There are facts to every case where defenses can be raised for every situation. Each situation is different from the other and requires an evaluation of all the information in order to properly mount a defense and an effective negotiation with the prosecutor’s office.
Remember that being charged with a felony does not mean you have to accept guilt. It means that you need a trained criminal defense attorney to mount a proper defense.
Every criminal case is different because no two sets of facts are the same. Application of case law to your situation would take examination of the facts surrounding your case and applying case law properly to create a properly mounted defense for YOUR arrest.
Our office has 24-hour response phone lines and can answer your questions and help you. Give our team of criminal defense lawyers a call at 404-445-8494. We can help you mount a proper defense for your situation.