Drug Trafficking Laws in Georgia

Selling, making, distributing or possessing with intent to distribute a Schedule I or Schedule II drug carries 5 to 30 years for a first offense and 10 to 40 years or life for a later offense; Schedule III, IV or V drugs carry 1 to 10 years. Trafficking is based on weight with mandatory minimum terms and fines: cocaine, 28 to 200 grams brings 10 years and $200,000, 200 to 400 grams 15 years and $300,000, and 400 grams or more 25 years and $1 million; heroin and other illegal opiates, 4 to 14 grams brings 5 years and $50,000, 14 to 28 grams 10 years and $100,000, and 28 grams or more 25 years and $500,000; methamphetamine, 28 to 200 grams brings 10 years and $200,000, 200 to 400 grams 15 years and $300,000, and 400 grams or more 25 years and $1 million.

Georgia's rule on court-appointed lawyers: Applicants must complete and sign an application and verification and are interviewed at the detention center or the public defender's office. Income standards under O.C.G.A. § 17-12-2, as stated by the public defender office: for misdemeanors, probation violations and county or municipal offenses, a person who 'earns less than 100 percent of the federal poverty guidelines'; for juveniles, those 'whose parents earn less than 125 percent of the federal poverty guidelines'; for felonies, 'less than 150 percent of the federal poverty guidelines' — each with an exception for people with other resources that could reasonably pay for a lawyer, and no one with income above 150 percent of the federal poverty level is considered indigent. Application fee: Georgia law requires every person who applies for public defense services 'to pay the Public Defender Office a single fee of $50'; 'The court shall waive this fee if it finds that you are unable to pay the fee or that hardship will result if the fee is charged.' Attorney fees for court-appointed representation may also be imposed by the court at sentencing. O.C.G.A. §§ 15-21A-6(b), 17-12-2 (as quoted by the Chatham County Public Defender Office, Eastern Judicial Circuit)

Lawyers set their own fees, and Georgia has rules on how they may charge. See hiring a criminal defense lawyer in Georgia for fee rules, how to check a lawyer's license and free help.

Each state sets its own rules for sealing or expunging records. See Georgia expungement and record sealing rules.