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Gwinnett County Solicitor General (prosecutor) announces dismissal of pending misdemeanor marijuana possession cases – citing new Georgia law

Citing Georgia’s recently passed Hemp Farming Law, the Solicitor General of Gwinnett County, whose office is responsible for the prosecution of misdemeanor offenses in the county, has announced the dismissal of pending marijuana possession cases and indicated that, at least for the time being, prosecution of such cases may not be legal.  Because Georgia’s Hemp Farming Law does not contain essential elements addressing possession of low-THC hemp, the law creates potentially insurmountable hurdles in prosecuting marijuana possession cases.  Although possession of marijuana remains illegal in the State of Georgia, prosecutors would likely not have sufficient evidence to prove beyond a reasonable doubt that the material in question in a particular case was marijuana as opposed to low-THC hemp. 

Memo from Solicitor General

For more information how The Hernan Law Firm can assist you with a marijuana possession case in the State of Georgia, or any other misdemeanor offense in Georgia, please call (678) 275-4000 to set up a free consultation.

Case dismissed – Municipal Court in Metro Atlanta

The Hernan Law Firm successfully negotiated the full dismissal of charges today for a client whose case was pending in a local municipal court. The client had been charged with a traffic violation and driving on a suspended licensed. The Hernan Law Firm strives to exceed the expectations of our clients and provide world class service. We are proud to have represented this client and are thrilled for them with the result. If you are interested in speaking with Jamie Hernan about a case you have pending in the any court in the State of Georgia, call our office today at (678) 275-4000 to set up a free consultation.

Arrested for Possession of Marijuana in Roswell, Georgia (Roswell Municipal Court)

Being arrested can be a frightening experience, especially the first time.  For many people young and old, their first encounter with going to jail comes following an arrest for possession of marijuana (referred to in Georgia as a Violation of the Georgia Controlled Substances Act or VGCSA).  Individuals arrested in Roswell, Georgia generally will end up being detained at the jail in Alpharetta/Fulton County jail located at 2565 Old Milton Parkway, Alpharetta GA 30009.  The Roswell city jail has been closed since mid-2017.  If you are seeking information about someone detained by the City of Roswell police department, call the jail facility at 404-612-3432 for more information.  Additional information can also be obtained by calling 404-612-3437 or 404-612-3433.

Despite laws around the country legalizing the use of marijuana under varying circumstances, the use of marijuana remains illegal in most situations in Georgia.  House Bill 1 was passed by the 2015-2016 Georgia General Assembly and signed into law by Governor Nathan Deal.  This law allows for very limited use of cannabis oil by individuals suffering from very serious medical conditions.  Other than certain exceptions, the use of marijuana for recreational purposes remains outlawed.

So, you or a loved one has been arrested or cited for possession of marijuana in Roswell, Georgia and want to know what happens next.  For most cases involving just possession of marijuana, the case will likely be heard in the Roswell Municipal Court.  Charges in Roswell, Georgia for marijuana possession may include state misdemeanor possession of marijuana or the violation of city ordinance section 13.1.11 (Loitering for the purpose of using, possessing or selling controlled substances).  Felony level drug charges are not handled in the Roswell Muncipal Court, and are rather handled in the Fulton County Superior Court.

The Hernan Law Firm can assist you in identifying whether or not you have defenses to the charge.  For example: (i) you were not actually in possession of marijuana, (ii) the substance was not properly handled or tested, or (iii) the search that resulted in the discovery of the marijuana was illegal.  The weakness or strength of the evidence plays a key role in the negotiation of the case with the prosecutor.  During a free consultation with Jamie Hernan of the Hernan Law Firm, you or your loved one can discuss the many options and potential outcomes for your case.

Pre-Trial Diversion

For many first time offenders, a pre-trial diversion program may be an option.  With a pre-trial diversion program, individuals are given certain conditions to meet in exchange for a dismissal of the charge and restriction of their criminal history (formerly referred to as expungement in Georgia and discussed in more detail below).  The City of Roswell does have a pre-trial diversion program for first time offenders.  Jamie Hernan of the Hernan Law Firm can assist you or your loved ones with negotiating entry into the program.

Conditional Discharge by Statute

If you or your loved one has been previously convicted of an offense or completed a diversion program, the pre-trial diversion program will likely not be an option; however, you or your loved one may be eligible for a statutory program based on Georgia Code section 16-13-2.  That provision of the law allows a court, in its discretion, to conditionally discharge drug offenses or nonviolent property offenses that are related to an individual’s addiction to a controlled substance or alcohol. A conditional discharge under this provision generally involves a plea of guilty which is withheld by the judge while the individual meets the condition of their sentence.  If they successfully complete the terms of the sentence, the case is discharged without adjudication of guilt.  Please note that a conditional discharge may have serious immigration consequences even if the case is ultimately discharged.

Georgia’s First Offender Statute

If a pre-trial diversion program or a plea pursuant to OCGA 16-13-2 are not options, Georgia’s first offender statute may be considered.  Normally, this statute is used by individuals charged with a felony; however, it may be used on certain misdemeanors including drug offenses.  Georgia Code section 42-8-62 allows for the discharge without adjudication of guilt of a felony charge (or misdemeanor) for individuals who have never before been convicted of a felony.  Judges have the discretion to grant first offender status or deny it.  Many judges will discourage the use of the first offender statute on a misdemeanor charge because once it has been used it can never be used again.

Criminal History

If you or your loved one was fingerprinted in connection with the charge of marijuana possession, the charge will immediately show up on your criminal history as an arrest; however, no disposition will be posted until the case is resolved.  If you were given a citation but not arrested, the charge will not appear on your criminal history until you are convicted or otherwise required to get fingerprinted in connection with the case.  If the case is dismissed and you or your loved one is eligible for record restriction, the process is supposed to occur automatically and the law requires the prosecuting agency to submit evidence of the eligibility for record restriction to the Georgia Crime Information Center that oversees criminal histories in Georgia.

Call The Hernan Law Firm right now at (678) 275-4000 if you or a loved one were arrested for possession of marijuana in Roswell, Georgia, or anywhere in Georgia.

We look forward to serving you and delivering justice in your case.

Important Disclaimer: The information provided in this message was based on information available at the time of its posting and its accuracy cannot be guaranteed at any later time.  Nothing contained herein should be considered by you to be specific legal advice.  For advice regarding your specific case, please contact the Hernan Law Firm at (678) 275-4000.  No attorney-client privilege is created by the posting of this message or your use of this website.  In order to engage the services of the Hernan Law Firm, a written engagement agreement must be signed by both you and Jamie B. Hernan.

Arrested for Shoplifting in Roswell Municipal Court

Being arrested for shoplifting can be a frightening experience. A theft charge on an arrest record and a related conviction can have devastating effects on an individual’s ability to seek or maintain employment and pass background screenings. Understanding that, certain courts in Georgia have diversion programs designed to allow first time offenders to have their case dismissed if they meet certain requirements (such as attending a class, performing community service and paying a program fee).

City of Roswell Municipal Court

The City of Roswell has a pre-trial diversion program for first time shoplifting offenders. If an individual has a clean record (no prior convictions), and has not taken advantage of a pre-trial diversion program in the past, with the assistance of an attorney the individual may be eligible for the pre-trial program. As part of the program, the individual will sign a form outlining the terms of the program and meet with a probation officer who will supervise their progress (the individual is not on probation but rather just supervised by the probation office).  As part of Roswell’s pre-trial diversion program, the individual charged with shoplifting will not go before the judge unless they are kicked out of the program for failing to successfully complete the requirements.  Roswell requires participants to attend a class, perform community service and pay a program fee.  Their case is generally reset for approximately twelve to sixteen weeks in order to allow them time to complete the requirements.  As long as they successfully complete the requirements, the case will be dismissed. If the individual does not successfully complete the requirements in the time provided, the case will generally be placed back on the court’s calendar for continued prosecution.

Jamie Hernan, of the Hernan Law Firm, has been successfully representing individuals in the City of Roswell Municipal Court for over a decade and can help those facing charges in the court (whether or not it is for their first offense). For a free consultation about a charge of shoplifting in the City of Roswell Municipal Court, or any other charge, call the Hernan Law Firm at (678) 275-4000.

More information about the law regarding shoplifting in Georgia

Georgia Code section 16-8-14 sets forth the elements of the offense of shoplifting and outlines certain requirements upon conviction. The offense of theft by shoplifting can be charged as a felony or misdemeanor depending on the amount that the individual is accused of stealing and the number of times they have been convicted of shoplifting. If the amount alleged to have been taken exceeds Five Hundred Dollars ($500.00), the case will proceed (at least initially) as a felony. Cases involving amounts less than Five Hundred Dollars ($500.00) will be treated as a misdemeanor. The fourth and subsequent convictions for shoplifting (whether or not the previous convictions were felonies or misdemeanors) will be treated as a felony.

The Georgia Code (Official Code of Georgia Annotated) can be accessed at http://www.lexisnexis.com/hottopics/gacode/.

Arrested for Shoplifting in Milton Municipal Court – Georgia

Being arrested for shoplifting can be a frightening experience. A theft charge on an arrest record and a related conviction can have devastating effects on an individual’s ability to seek or maintain employment and pass background screenings. Understanding that, certain courts in Georgia have diversion programs designed to allow first time offenders to have their case dismissed if they meet certain requirements (such as attending a class, performing community service and paying a program fee).

City of Milton Municipal Court

The City of Milton has a diversion program called a Hold & Clear program. If an individual has a clean record (no prior convictions), and has not taken advantage of a pre-trial diversion program in the past, with the assistance of an attorney the individual may be eligible for the Hold & Clear program. As part of the program, the individual will go before the judge and enter a plea of guilty; however, the judge will hold the guilty plea and provide a set of requirements (which will have been previously negotiated with the prosecutor) for the individual to complete. As long as they successfully complete the requirements, the case will be dismissed. If the individual does not successfully complete the requirements in the time provided, the guilty plea will be entered and the conviction will be reported to the state and posted to the individual’s criminal history.

Jamie Hernan, of the Hernan Law Firm, has been successfully representing individuals in the City of Milton Municipal Court since the court was formed at the inception of the city in 2006 and can help those facing charges in the court (whether or not it is for their first offense). For a free consultation about a charge of shoplifting in the City of Milton Municipal Court, or any other charge, call the Hernan Law Firm at (678) 275-4000.

More information about the law regarding shoplifting in Georgia

Georgia Code section 16-8-14 sets forth the elements of the offense of shoplifting and outlines certain requirements upon conviction. The offense of theft by shoplifting can be charged as a felony or misdemeanor depending on the amount that the individual is accused of stealing and the number of times they have been convicted of shoplifting. If the amount alleged to have been taken exceeds Five Hundred Dollars ($500.00), the case will proceed (at least initially) as a felony. Cases involving amounts less than Five Hundred Dollars ($500.00) will be treated as a misdemeanor. The fourth and subsequent convictions for shoplifting (whether or not the previous convictions were felonies or misdemeanors) will be treated as a felony.

The Georgia Code (Official Code of Georgia Annotated) can be accessed at http://www.lexisnexis.com/hottopics/gacode/.