Archive for the 'Atlanta Criminal Defense' Category

Methamphetamine Penalty Chart

Mar. 20th 2013

The State of Georgia has enacted very strong penalties for Methamphetamine and related substances.  A review of the penalties is shown below:

Whenever facing a felony drug charge, it is highly recommended to seek professional legal counsel. Call 1-855-9-ATL-DUI for a free consultation.

Penalties for Possession, Possession with Intent (PWI) to Distribute, Sale or Delivery, Manufacture:

Offense Penalty Grade Minimum Jail Sentence
Fine
28 grams or less felony 1 – 15 years $ 0
28 – 200 grams felony 10 years $ 200,000
200 – 400 grams felony 15 years $ 300,000
More than 400 grams felony 25 years $ 1,000,000

 

There are many other consequences of a felony drug conviction including a suspension of your driving privilege.  Call 1-855-9-ATL-DUI to find out more.

  • License suspension- A felony drug conviction will also cause your driver’s license to be suspended.  A first offense will be a 6 month suspension.
  • Criminal Background Checks- A felony drug conviction will show up on criminal background checks for the rest of your life. Most employers do background checks and once they see a felony conviction, they most likely will not hire you.  This can make finding work very difficult.
  • Public Humiliation- Many websites make a living out of publicizing your arrest details and mugshots.  They then charge you to have the pictures removed.  Whenever anyone searches, your details will be there.
  • Increased Auto Insurance Rates- Many people do not realize it, but a drug conviction can prompt your insurance company to increase your rates, often times drastically.
  • Civil Asset Forfeiture- The government may seize assets (for example your car) that were used in a crime. There are complicated procedures by which you may be able to recover these assets.

Whenever facing a felony drug charge, it is in your best interests to consult with an experienced criminal defense lawyer.  Attorney Doug Chanco has experience on both sides of the law and uses that leverage to protect his clients.

To learn how to protect your rights, please call Attorney Doug Chanco for a free consultation at 1-855-9-ATL-DUI.

 

Posted by Doug Chanco | in Atlanta Criminal Defense | No Comments »

Representing Yourself = DIY Fail

Feb. 26th 2013

He who represents himself has a fool for a client
-Abraham Lincoln

Many people choose to represent themselves in criminal and DUI cases.  It is their constitutional right.  But that doesn’t mean it is a good idea.

Lawyers, doctors, mechanics, electricians- all specialists have years of education, training and experience that cannot be replaced by reading a couple articles online or in  a library. When it is your very freedom and liberty that is at stake, you can see how risky this can be.

Unfortunately, many people do not realize this until they have messed up their case beyond repair and it ends up looking something like this:

Police Corruption is Nothing New

Feb. 21st 2013

Last week we learned that 10 metro police officers have been charged in connection to helping to protect a drug trafficking ring.  We were appalled, but not surprised.

Whenever you give people power, with a severe lack of oversight your have created a petri dish for corruption.  Corruption in police departments is not limited to officers helping criminals.  One of the most common forms of police corruption which almost no one talks about is police lying.

It happens all too often.  They “embellish” the facts on a police report and some flat out lie.  Attorney McShane of Pennsylvania recently wrote a great post about police officers lying under oath in response to an article in The New York Times  which highlights this point.  Police performance has increasingly become incentive based and people lie to get incentives.  It’s part of human nature.  It’s like when you ask 6th graders if they did their whole science fair project by themselves.

Police lie.  The problem is that juries and judges believe them.  That is why you should find a defense attorney who will uncover the truth and call out their lies and hold them accountable in court.

 

Posted by Doug Chanco | in Atlanta Criminal Defense | 2 Comments »

Attorney Chanco in the News

Jan. 21st 2013

I was recently interviewed for a local news telecast in connection with one of my cases.

You can read the news coverage at wsbtv.

Posted by Doug Chanco | in Atlanta Criminal Defense | No Comments »

Advantages of Being a Former Prosecutor

Dec. 12th 2012

Before starting my private practice, I began my legal career as an assistant solicitor general for the Fulton County State Court in the city of Atlanta.  In that capacity I successfully prosecuted numerous DUI, drug and criminal cases.  This was an excellent experience for me and it has greatly helped me become a better defense lawyer.

Knowing both sides of the law gives me some specific advantages in criminal defense and DUI cases.  For starters, it allows me to understand the pressures and motivations my opposing counsel is facing.  In a big city like Atlanta, prosecutors are often overloaded with cases and the last thing they want is a full blown trial over a misdemeanor case against a well prepared and experienced attorney.  This helps me negotiate better terms for my clients and, as is often needed, helps me fight a better case in court.

Another thing I learned from my time as a prosecutor was the limitations of the evidence in the case.  City police officers and investigators can be very sloppy sometimes and forensic crimes labs are often worse.  Knowing the limitations and weak points of the evidence allows me to expose these flaws and challenge the evidence in court.

Probably the most important thing I learned as a prosecutor is that the attorney who is best prepared has a much better chance of winning the case.  Preparing cases takes time and attention to detail.  This is why I feel it is an advantage to hire a smaller firm because you as a client know that a single, experienced attorney has prepared every detail of your case.  Sometimes in larger firms, the research and preparation work gets passed down to juniors attorneys who, because of a lack of experience, may overlook important details in your case.

Having an experienced attorney on your side is the key to protecting your rights in a criminal defense case.  If you are facing a criminal matter in the Atlanta area, please call 1-855-9-ATL-DUI for a free case evaluation.

Posted by Doug Chanco | in Atlanta Criminal Defense | No Comments »

Georgia Marijuana Laws: Miscellaneous Charges

Nov. 14th 2012

There are various related charges which are often attached to a Georgia marijuana charge.  Please call Atlanta Drug Lawyer Doug Chanco at 1-855-9-ATL-DUI for more details.

Many of these charges are felonies and are tacked on to the original charge and can add many years to a jail sentence.  For example, if someone distributes marijuana with the help of a minor, that person could face a total of 6-30 years in jail (1-10 years for distribution and 5-20 years because it was a minor).  When facing a sentence will this many years in jail, it is important find an attorney who knows the law and knows how to protect your rights.

Attorney Doug Chanco is a former Fulton County Prosecutor who has worked on many drug cases from both sides of the law.  He uses this experience along with his extensive training in forensic science, for the benefit of his clients. Call 1-855-9-ATL-DUI for a free consultation.

Penalties for Miscellaneous Marijuana Offenses:


Hash and Related Concentrates

Offense Penalty Grade Jail
First Offense: Possession (of any amount over 1 oz.) felony 1 – 15 years
Second Offense: Possession (of any amount) felony 5 – 30 years
First Offense:  Manufacturing, distributing, selling, or possessing with the intent to distribute felony 5 – 30 years
Second Offense: Manufacturing, distributing, selling, or possessing with the intent to distribute felony 10 – 40 years
Manufacturing, distributing , or possessing with intent to deliver within 1,000 ft. of a school, housing project, public park, or commercial drug-free zone felony 10 – 40 years

Miscellaneous

Offense Penalty Grade Jail Fines
Possession of paraphernalia misdemeanor 1 year $ 1,000
First Offense: Possession with the intent to deliver paraphernalia misdemeanor 1 year $ 1,000
Second Offense: Possession with the intent to deliver paraphernalia misdemeanor of a high and aggravated nature 1 year $ 5,000
Third Offense: Possession with the intent to deliver paraphernalia felony 1-5 years $ 5,000
Abandoning marijuana in a public place misdemeanor 1 year $ 1,000
Involving a minor felony 5 – 20 years $ 20,000
Distribution of marijuana flavored product misdemeanor N/A $ 500
Use of any communications facility including a computer, a telephone, or mail, in the commission or facilitation of a drug offense that is considered a felony felony 1 – 4 years $ 30,000

Notes:

Forfeiture- Vehicles and other property used in the commission of a marijuana related offense, may be seized by law enforcement. They then have 60 days to initiate a forfeiture proceeding. If the property value is less than $25,000, then a person with an interest in the property has 30 days to make a claim to it, to which the district attorney has 30 days to respond.
Driving License Suspension- Convictions for marijuana possession (including simple possession), sale, or cultivation results in a license suspension. The details are listed below:

Offense Suspension Restoration Restoration Fee
1st within 5 years 180 days Conditional after 180 days $210
2nd within 5 years 3 years Conditional after 1 year $310
3rd within 5 years 5 years Conditional after 2 years $410
Posted by Doug Chanco | in Atlanta Criminal Defense | No Comments »

Georgia Marijuana Laws: Possession with Intent to Distribute

Nov. 12th 2012

Possession with the Intent to Distribute (PWI), sale or delivery, and cultivation of marijuana are much more serious crimes than simple possession. They are treated as felonies and carry lengthy jail sentences.

The problem is that even if someone is caught distributing a small amount, even if it is not for commercial gain, they are facing penalties that could put them in jail for many years.  A common example of this is someone who buys an ounce and gives some to a friend.

Whenever facing a felony drug charge, it is highly recommended to seek professional legal counsel. Call 1-855-9-ATL-DUI for a free consultation.

Penalties with Intent to Distribute, Sale or Delivery, Cultivation:

Offense Penalty Grade Jail Maximum Fines
10 lbs or less felony 1 – 10 years $ 0
10 – 2000 lbs felony 5 – 30 years $ 100,000
2000 – 10,000 lbs felony 7 – 30 years $ 250,000
More than 10,000 lbs felony 15 – 30 years $ 1,000,000
Within 1,000 feet of school grounds, a park, or a housing project, or in a drug free zone felony 20 -40 years $ 40,000

Additional Penalties

Additional consequences for a felony marijuana offense can include:

  • Employment- For many licensed professional, a marijuana conviction could lead to a suspension or revocation of their license. School teachers, doctors, nurses, pharmacists, pilots, servicemen and women can be at risk depending on their disciplinary history. This is why it is best to contact a professional attorney to learn about the charges against you.
  • Driving License Suspension- Convictions for  marijuana possession with the intent to distribute, sale, or cultivation results in a license suspension. The details are listed below:
    Offense Suspension Restoration Restoration Fee
    1st within 5 years 180 days Conditional after 180 days $210
    2nd within 5 years 3 years Conditional after 1 year $310
    3rd within 5 years 5 years Conditional after 2 years $410

    There are many conditions that must be met before a license is restored.  Please contact a qualified Georgia drug lawyer for more details.

  • Criminal Background Checks- A felony drug conviction will show up on your criminal record for the rest of your life. This can make finding meaningful work almost impossible.  Most employers will shy away from hiring a convicted felon even if the incident happened many years ago.
  • Increased Auto Insurance Rates- Many people do not realize it, but a drug conviction can prompt your insurance company to increase your rates, often times drastically.
  • Civil Asset Forfeiture- The government may seize assets (for example your car) that were used in a crime. There are complicated procedures by which you may be able to recover these assets.

Felony marijuana charges are very serious because of the lengthy jail sentences and how they can change the rest of your life

To learn how to protect your rights, please call Atlanta Marijuana Attorney Doug Chanco for a free consultation at 1-855-9-ATL-DUI.

 

Posted by Doug Chanco | in Atlanta Criminal Defense | No Comments »

Georgia Marijuana Laws: Simple Possession

Oct. 16th 2012

Marijuana possession is one of the most common drug charges in the Atlanta area.  Because of marijuana’s popularity as a recreational drug, people often lose sight of the laws they could be facing if they are caught.  Below is a summary of the penalties for marijuana possession in Georgia.

Note: Simple Possession means possession for personal use only.  Sale, distribution and trafficking fall under different charges.

Penalties for Marijuana Possession less than one ounce:

 

Offense Penalty Grade Jail Maximum Fines
Possession less than an ounce Misdemeanor Up to 1 year $1,000

 

Penalties for Marijuana Possession more than one ounce:

 

Offense Penalty Grade Jail
Possession more than an ounce Felony 1-10 years

 

Penalties for Marijuana Paraphernalia:

 

Offense Penalty Grade Jail Maximum Fines
Possession or sale of paraphernalia Misdemeanor Up to 1 year $1,000

Second and third offenses carry increased penalties and fines.

Additional Penalties for a Marijuana Offense

Additional consequences for a marijuana possession offense can include:

  • Loss of a job- For many licensed professional, a marijuana conviction could lead to a suspension or revocation of their license.  School teachers, doctors, nurses, pharmacists, pilots, servicemen and women can be at risk depending on their disciplinary history.  This is why it is best to contact a professional attorney to learn about the charges against you.
  • Criminal Background Checks- A drug conviction will show up on your criminal record for the rest of your life.  This can complicate things when applying for a job in the future.  There are some avenues to avoid this in some cases.
  • Increased Auto Insurance Rates- Many people do not realize it, but a drug conviction can prompt your insurance company to increase your rates.
  • Civil Asset Forfeiture- The government may seize assets (for example your car) that were used in a crime.  There are complicated procedures by which you may be able to recover these assets.
  • Convictions can run consecutively meaning a conviction for possession of less than an ounce and paraphernalia can end up in a 2 year jail sentence.

In summary, Georgia has tough marijuana and a conviction can affect the rest of your life. Just because weed is a common recreational drug, it doesn’t mean the law will let you get away with a slap on the wrist.

To learn how to protect your rights, please call Atlanta Marijuana Attorney Doug Chanco for a free consultation at 1-855-9-ATL-DUI.

 

Posted by Doug Chanco | in Atlanta Criminal Defense | 1 Comment »

How a “Small” Crime Can Come Back to Haunt You

Sep. 18th 2012

Many times people see low value theft and similar charges to be “petty crimes” and thus do not take them seriously.  They chalk up the infraction to “youthful indiscretion”, serve their sentence, complete the penalty and move on, never thinking about how that charge can affect them in the future.  Here is a well-publicized example of how a small crime can come back to haunt you even decades down the line.

Wells Fargo Fires Iowa Worker for Minor 1963 Crime

DES MOINES, Iowa (AP) — Wells Fargo Home Mortgage (WFC) has fired a Des Moines worker over a 1963 incident at a Laundromat involving a fake dime in the wake of new employment guidelines.

Richard Eggers, 68, was fired in July from his job as a customer service representative for putting a cardboard cutout of a dime in a washing machine nearly 50 years ago in Carlisle, the Des Moines Register reported Monday.

The thing most people don’t realize is that even the smallest crimes stay on your permanent record forever.  Having them removed (expungement) is a separate legal process which many people, especially those who represent themselves, don’t even know about.

This is one of the many reasons you should seek professional legal counsel if you are charged with a crime.  Now matter how small the charge may seem, it may have ramifications down the road.

At the Law Offices of Douglas B. Chanco we offer a free case consultation.  We will sit down with you and explain the charges against you and how they can affect your future.  Please call 1-855-9-ATL-DUI.

Posted by Doug Chanco | in Atlanta Criminal Defense | No Comments »

Synthetic Marijuana Laws in Georgia

Aug. 2nd 2012

Lately there has been a rapid rise in the use of synthetic marijuana products in Georgia and all over the country.  Products like Spice (Spiz), K2, Haze and Black Mamba are marketed as “legal weed” and “undetectable by blood tests”.  Many people have been lured into using these products because of these claims.  I felt that there was a need to clear up some of the misconceptions going around and highlight the laws and penalties for synthetic marijuana in Georgia.

Far From a “Legal” High

A single packet of synthetic marijuana can land you in jail for a decade.

A single packet of synthetic marijuana can land you in jail for a decade.

Don’t be fooled by shady shopkeepers and internet sites, Synthetic Marijuana products are illegal in Georgia.

For years there has been a cat-and-mouse game going on between lawmakers and the manufacturers of these products.  Lawmakers would ban a list of substances found in synthetic marijuana products and companies would change the chemical compounds to elude the ban.

On May 27 of this year SB 370 was signed into law.   This law defines the chemicals in synthetic marijuana as Schedule I drugs.  Schedule I is the highest classification for controlled substances and even simple possession of a small amount is charged as a felony.  Additionally, a number of executive orders and emergency bills has been enacted to ban additional synthetic marijuana formulas.

The Penalties for Synthetic Marijuana in Georgia

As mentioned above, even simple possession of synthetic marijuana is considered a felony.  The penalties are listed below:

Simple Possession: Even a single packet of Spice or K2 could lead to very serious penalties. 

  • 1st Offense- From 2-15 years in jail
  • Subsequent Offense- From 5-30 years in jail

Possession with the Intent to Distribute: Selling or giving a drug is a more serious charge than simple possession.  PWI penalties for synthetic marijuana are as follows:

  • 1st Offense- From 5-30 years in jail
  • Subsequent Offense- From 10-life in jail

What You Should Do if Charged for a Synthetic Marijuana Crime

If you are arrested for a crime involving synthetic marijuana, we should seek professional legal counsel.  Attorney Doug Chanco is an experienced criminal defense attorney who has seen both sides of drug cases as a Fulton County prosecutor and as a Atlanta criminal defense lawyer.  He will explore Every legal avenue to defend your case.

The unfortunate part is that many of those arrested for these crimes are teenagers and young adults.  Spending several years in jail can alter their lives forever and ruin their educational and professional opportunities (who wants to hire a convicted felon?).  We understand these concerns and will fight to preserve your life and your future.

Call 1-855-9-ATL-DUI for a free consultation.

Posted by Doug Chanco | in Atlanta Criminal Defense | 1 Comment »
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