This form is a full caption. The caption contains the name and address of the debtor, the case number, and the chapter. This form is data enabled to comply with CM/ECF electronic filing standards. This form is for post 2005 act cases.
Georgia Caption - Full - Form 16A - Post 2005 Act
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How to fill out Caption - Full - Form 16A - Post 2005 Act?
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If a person is convicted of a drug offense in violation of O.C.G.A. § 16-13-30(b), § 16-13-30(d), or § 16-13-31 then they can be subject to a special term of probation of three years in addition to the term of imprisonment imposed by the Court.
Adult felony offenders in Georgia are sentenced by a Superior Court Judge. Offenders may be sentenced to a period of time on probation (probated sentence) or they may be sentenced to serve time in prison to be followed by a period of time on probation (split sentence).
Someone convicted of drug trafficking must be sentenced by the court to a minimum of 5 years in prison and a $100,000 fine. This prison sentence cannot be probated , suspended, or withheld, meaning the court must send you to prison if convicted of trafficking.
How do I get a drug possession charge dismissed? Deferred adjudication or disposition. The Georgia First Offender Act (Georgia Code § 42-8-60) may allow you to receive a deferred adjudication of your drug possession charge. ... Conditional discharge. ... Drug court. ... Motion to dismiss. ... Prosecutorial dismissal. ... Trial.
Deadline for Responding to Motion to Dismiss Any party opposing a motion must serve and file a response, reply memorandum, affidavits, or other responsive material within 30 days of being served with the motion.
Unlawful possession of Schedule III, IV or V controlled substance is a felony and punishable by a 1 to 5-year term of incarceration. Unlawful sale/distribution of any Schedule I or II Controlled Substance is a felony punishable by a term of incarceration of one to 30 years in prison, depending on quantity.
Most drugs lead to the possibility of one to two years of incarceration at a minimum. Defendants can find it very difficult to avoid jail time unless the amount of the substance is minimal. First-time offenders also receive six-month suspensions of their driver's licenses.
Unlawful possession of any Schedule I Controlled Substance, Schedule II narcotic, or Schedule II non- narcotic is felony punishable by a term of incarceration of 2 to 30 years, depending on the quantity.