Articles Posted in Drug Charges

The Georgia Composite Medical Board (GCMB) is the licensing agency for physicians, physician assistants, respiratory care professionals, perfusionists, acupuncturists, orthotists, prosthetists, auricular (ear) detoxification specialists, residency training permits, cosmetic laser practitioners, pain management clinics and medical geneticist. The Medical Board investigates complaints and disciplines those who violate The Medical Practice Act or other laws governing the professional behavior of its licensees.  Unprofessional conduct is often cited as an issue for physicians and physician assistants.

What happens when the Medical Board investigates you?  First, a complaint is filed.  The Board will reach out to you and let the you know of the existence of the complaint and ask for a response.  This is where you immediately need to seek out legal advice. At Conaway & Strickler, PC we have attorneys very versed on the intricacies of the complaint process.   Once the Investigative Committee reviews the complaint and response, they can recommend a variety of options ranging from closing the case to disciplinary action.  It is imperative that you and your lawyer really work with the Investigative Committee to ensure they know all of the facts and circumstances to ensure the best resolution.

Cases are resolved in three main ways – closure, private action or public action.  The public action is a notation on the GCMB web site.

There are three types of Asset Forfeiture.

Note if your asset has been SEIZED, that means the government has taken possession of your property, but it does not mean the government owns the property legally YET….See here for details on the most recent DOJ seizures and forfeiture manual.

Criminal Forfeiture

IMG_1293-768x1024 Airports are high security environments with strict rules enforced through law enforcement, federal agents, TSA checkpoints, drug-sniffing dogs, US Marshals aboard flights, and more. Being arrested at an airport is overwhelming, scary, and often times, completely unexpected. However, the consequences of these arrest can be serious and long-lasting. An arrest at an airport could lead to detention by law enforcement, criminal charges, and the need to retain legal representation.

If you are arrested at an airport, you may be taken into custody and transported to a detention center or police station where you will be held and processed until further legal proceedings. However, this does not always happen at the airport – you may leave the airport and later have a warrant issued for your arrest. In that case, you would still need to turn yourself in for processing with law enforcement. In either circumstance, it is essential to remember your rights, including the right to remain silent and the right to legal counsel. Contacting an experienced criminal defense attorney will help you navigate that distressing process with an advocate by your side.

Airport arrests can lead to severe criminal charges depending on the circumstances of your case. Common criminal charges in this context cover a broad range including drug offenses, sexual offenses, firearm offenses, DUIs, disorderly conduct, battery, theft, trafficking, and fraud. You could also be arrested at the airport for entirely unrelated criminal charges if you are simply identified and apprehended pursuant to an active arrest warrant, such as this recent arrest in Atlanta. Committing crimes while aboard an aircraft (like interfering with the performance of the duties of a flight crew) can lead to federal criminal charges and even more severe penalties. Many of these charges carry significant terms of imprisonment and hefty fines.

The “Safety Valve” exception is a statutory exception to mandatory minimum sentencing laws. A safety valve allows a judge to sentence a person below the mandatory minimum term if certain conditions are met.  The “Safety Valve” provision is a provision of law codified in 18 United States Code §3553(f).  It specifically allows a judge to sentence below the minimum mandatory required by law.  However, you must be eligible.  There is also a two level reduction in the sentencing guidelines under United States Sentencing Guidelines §2D1.1(b)(17).

The requirements set out in 18 U.S.C. §3553(f) are:
  • You do not have more than 1 criminal history point. 

Public attitudes towards marijuana in Georgia are becoming far more relaxed, especially as other states, such as Colorado and California, begin legalizing recreational use of the drug. However, while Georgians may no longer think that offenders of marijuana crimes deserve the heavy handed sentences they have been subject to for decades, the fact remains that state law concerning marijuana remains very tough. While it can be easy to think that marijuana is no longer a “big deal,” the penalties that offenders face can still be surprisingly extreme.

Getting mixed messages?

Navigating what is legal and not legal concerning marijuana in Georgia can be difficult. As the Atlanta Journal-Constitution points out, while Georgia has made medical marijuana legal in the state, growing it or importing it remains illegal. As a result, people who grow even small amounts of the plant for their own medicinal purposes can find themselves suddenly facing accusation of drug dealing and years in prison.

When you think of drug crimes, you may picture college kids getting caught with marijuana, or dealers on the street corner with pockets full of methamphetamines. However, police sometimes charge respected professionals with drug crimes.

It has been a year since a high-profile opioid sting resulted in the federal prosecutors charging dozens of medical professionals with drug crimes. Most charges centered on prescribing opioids unnecessarily. Lately, an increasing number of health professionals are seeking treatment for using the substances themselves. If you are a doctor or nurse charged with a drug offense of any kind, you may have questions.

Should I talk to police?

Whether you have an illness, injury or medical disorder, modern medicine likely offers a few different ways to treat it. For many conditions, prescription drugs reduce symptoms or eliminate them altogether. Accordingly, if you need medication to improve your quality of life, seeing a physician is critical.

Doctors receive extensive training on diagnosing and treating medical conditions. They also understand how to check for drug interactions and allergies. As such, even if you think you know what prescription drugs to take, you should not take matters into your own hands. That is, not only may forging a prescription cause you physical harm, but it may also lead to serious criminal consequences.

Valid prescriptions must meet certain criteria

When people are charged with using, distributing or selling drugs in Georgia, the penalties for such behaviors can vary depending on the circumstances surrounding their case, as well as how badly their actions may have affected other people. Drug abuse is a prevalent epidemic and one that many experts believe can be prevented with education and awareness beginning at a young age. 

When people make active efforts to inform their children of the dangers of drugs before they are ever introduced to them, it can make a considerable difference in how they respond if they are faced with a situation where they are offered to partake in drug use of some kind. According to KidsHealth, one way that parents can discuss the dangers of drugs with their children is by discussing how significantly drug use can affect the growth, response and function of a person’s brain.

Particularly in young people, drug use can have a long-term impression on their mental health and stability. Parents can also share how these decisions may impose a threat to other parts of the body, detract from their child’s ability to focus in school or sports and their child’s ability to maintain healthy relationships with other people.  

The opioid crisis has rocked the nation over the past few years and Georgia is no exception. While many people view addicts as junkies who make bad decisions and abuse illegal drugs, this is not the case for all people with a substance abuse disorder. Some people were introduced to these medications via their doctor’s prescriptions, usually to treat pain. Because these are so addictive, it can quickly spiral into an out-of-control drug habit.

CNN estimates that 1.7 million individuals in America suffer from substance abuse problems related to the use or abuse of prescription medication with opioids. These include the following drugs:

  •          Hydrocodone

When people are taken into custody over a drug-related offense, there are many different factors to consider, some of which could have a major impact on the outcome of their case. Some people are falsely accused of a drug crime, while others may be able to secure a better outcome by shedding light on key details surrounding their case. Some people are apprehended for a drug offense due to an isolated incident, even though they do not regularly use or sell drugs, while others may struggle with long-term drug addiction. Moreover, some people are simultaneously dealing with drug charges and mental illness.

If you are facing drug charges and also have difficulty with a particular mental illness, it is important to assess the unique details that surround your circumstances and figure out the best way to handle your case. Moreover, if you have a loved one who is mentally ill and facing drug charges, it is important to help them understand their options and you may want to assist them throughout their case. Some people benefit from consulting a legal professional who has handled many drug cases and knows how certain details can shape the outcome of a case.

For someone who is struggling with mental illness, a drug-related arrest can be especially difficult and they may face additional difficulties down the road. Unfortunately, many people have found themselves in this position, and our law firm knows how difficult it can be for people who are going through these issues.

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