Law Offices of David N. Ghazi FindLaw IM Template2025-09-30T11:34:53Zhttps://www.davidghazilaw.com/feed/atom/WordPress/wp-content/uploads/sites/1200532/2019/09/cropped-favicon-n-1-32x32.pngOn Behalf of Law Offices of David N. Ghazi<![CDATA[Can law enforcement use your texts in drug charges?]]>https://www.davidghazilaw.com/?p=475882025-09-30T11:34:53Z2025-09-30T08:57:06ZHow law enforcement accesses your text messages
Officers may request a search warrant to review messages stored on your phone or through your service provider. A judge must approve the warrant based on probable cause.
In some cases, someone you messaged may agree to share the conversation. Officers may also examine your phone if they seize it during an arrest. Whether they need a warrant depends on how they obtained your device and the details of the case.
Georgia follows federal rules under the Stored Communications Act, which outlines how law enforcement may access electronic messages. These rules apply to both real-time and stored texts, including those saved on cloud platforms.
Types of text messages may appear in court
Text messages can serve as evidence when they reflect activity relevant to the charges. If investigators review your communication, they may look for content such as:
Messages arranging meeting locations
References to payment or timing
Mentions of substances or related items
They may also examine vague or coded language. Courts often consider messages in context rather than in isolation.
How Georgia courts evaluate text message evidence
Once your messages are collected, courts must decide whether they can be used as evidence. That decision depends on several factors, including:
The message clearly links to you as the sender.
Officers handled your device properly after seizure.
The message directly connects to the charges.
Even deleted messages may be recovered using forensic tools. However, recovery alone doesn’t guarantee admissibility. Judges may ask for additional evidence to confirm meaning and relevance.
Why seek legal help as soon as possible
Facing drug charges can be overwhelming, especially when it involves digital evidence. The sooner you speak with a defense attorney, the sooner you can understand your position, protect your rights, and prepare for what comes next. Early guidance can make a difference – not just in your case, but in your peace of mind]]>On Behalf of Law Offices of David N. Ghazi<![CDATA[Could a warrantless search of trash bins lead to drug charges?]]>https://www.davidghazilaw.com/?p=475862025-08-29T11:17:11Z2025-08-29T11:17:11ZThere are standards for garbage searches
Believe it or not, the Supreme Court has previously ruled on a case related to a warrantless search of refuse bins. The ruling from that case plays a key role in determining whether the state can use evidence gathered from trash containers.
The current standard confuses some people. The law considers the contents of a garbage bin abandoned property once a person puts the bin out at the street for pickup. However, police officers generally cannot search bins that are still on private property and are not at the curb for pickup.
The bins on private property are part of the residence’s curtilage. That is a legal way of saying that it is an extension of the interior living spaces of the property. As such, there is established legal protection against warrantless searches.
People don't have to worry about law enforcement professionals searching their bins while they are next to the garage, in the backyard or inside a fence. However, filled bins left out for collection are subject to searches. Items that people throw away while in police custody or at work are also vulnerable to collection by nearby police officers.
Being aware of how the state gathers evidence of alleged drug crimes can help people avoid scenarios in which they unintentionally implicate themselves. People hoping to fight pending drug charges often need to review how the state gathered its evidence, as well as the process used to analyze that evidence, with a skilled legal team, which is okay. Working with an attorney to exclude evidence obtained illegally can help a defendant fight their charges.]]>On Behalf of Law Offices of David N. Ghazi<![CDATA[Uncovering “constructive possession” in Georgia courts]]>https://www.davidghazilaw.com/?p=475842025-08-04T08:35:48Z2025-08-04T08:35:48ZThe courts’ approach to constructive possession
To determine whether you constructively possessed illegal drugs, Georgia courts evaluate the full situation rather than relying on a single detail. They will focus on patterns, behavior and context to decide if you had both knowledge and control over the drugs.
Courts often consider facts such as:
Exercising control over the area or container that holds the illegal drugs
Keeping personal belongings near the drugs, linking yourself to the space
Making statements or showing behavior that reveals awareness or authority over the drugs
Leaving fingerprints or other forensic evidence on or around the illegal drugs
Using the vehicle frequently or having exclusive access
If you were the only one using the car, courts may treat that as sole possession. Alternatively, if you allow others access to the space, the court may consider it as joint possession due to shared control and knowledge.
Penalties for vehicle drug possession
A conviction for possessing illegal drugs in your vehicle can lead to serious consequences under Georgia law. Penalties may include jail or prison time, significant fines, probation and a permanent criminal record. The type and amount of drug found, as well as any prior convictions, can influence the outcome of your case.
In addition, you may lose your driver’s license and a conviction can make it harder for you to find work or housing. Because the stakes are high, speaking with a legal professional early can help you better understand your options and avoid decisions that could harm your future.]]>On Behalf of Law Offices of David N. Ghazi<![CDATA[What happens when no one admits that drugs belong to them?]]>https://www.davidghazilaw.com/?p=475772025-06-24T17:50:22Z2025-06-24T17:50:22ZThe state can allege constructive possession
When there are drugs on someone's person, prosecutors can bring charges based on an allegation of actual physical possession. If the drugs are in a different location, then they may develop a constructive possession charge.
Constructive possession means that a specific person had knowledge of contraband and the ability to decide what happened to it. If police officers find drugs in a vehicle, they might assume that the driver or owner had constructive possession of the drugs. Other times, they might accuse the person closest to where they found the drugs. In a shared dwelling unit scenario, factors including proximity and access can influence who the state accuses.
How do people fight back?
There are several defense strategies that can work for those facing allegations of constructive possession. If police officers found the drugs while conducting a warrantless search, an attorney could use the exclusionary rule to prevent the prosecutor from using that evidence.
If there are fingerprints or other forensic evidence that do not connect to the defendant, expert witnesses hired by the defense team could help show that another person may have handled and technically possessed those drugs. The circumstances leading to the charges dictate what defense strategy is likely to be effective.
Discussing the state's evidence can help people prepare to fight back against pending constructive drug possession charges. Defendants with appropriate support can potentially avoid a life-altering criminal conviction.]]>On Behalf of Law Offices of David N. Ghazi<![CDATA[Don’t count on tricks to sober you up before driving]]>https://www.davidghazilaw.com/?p=475732025-06-09T10:01:13Z2025-06-03T21:41:31ZMany people believe that a few quick tricks can sober them up enough to drive safely after drinking. Whether it is chugging coffee, taking a cold shower or eating a big meal, these methods are often viewed as reliable ways to “beat” intoxication. However, relying on these tricks can lead to poor judgment and serious consequences—both legal and personal.
The reality is that the only thing that can truly sober a person up is time. Alcohol is processed by the liver at a steady rate—typically about one standard drink per hour. No amount of coffee, exercise or fast food can speed this process up. These tricks may make someone feel more alert, but they do not reduce the level of alcohol in the bloodstream or improve impaired reflexes and decision-making.
Breath and blood tests generally can’t be fooled
Drivers who assume they are sober enough to drive often misjudge how affected they really are. Alcohol can cloud a person’s ability to assess their own condition. Feeling awake or refreshed does not mean your blood alcohol concentration (BAC) has dropped below the legal limit if you’ve been drinking. In many states, including most of the U.S., the legal limit is 0.08%. But drivers can still be charged with DUI even if their BAC is lower—if their driving shows signs of impairment.One growing concern is the influence of misleading information online and in social circles. Social media videos and blogs often promote untested or flat-out false methods for sobering up. People may be led to believe that drinking water or taking supplements will help them “pass” a breathalyzer or avoid arrest. These beliefs not only risk criminal charges but also endanger lives.If you are pulled over and suspected of DUI, claiming you thought you were sober because you had a cup of coffee is not a valid defense. While working with a skilled attorney can help you to work towards a favorable outcome under the circumstances, you cannot simply claim that you thought you were sober if you weren’t. Ultimately, the best way to avoid a DUI is not to rely on tricks at all. If you have been drinking, arrange a ride with a sober driver, use a rideshare app or wait until you are fully sober before getting behind the wheel. Your future—and the safety of others—may depend on it.]]>On Behalf of Law Offices of David N. Ghazi<![CDATA[How does the Fourth Amendment protect people?]]>https://www.davidghazilaw.com/?p=475722025-06-09T10:00:20Z2025-05-02T12:50:31ZWhat does the Fourth Amendment state?
The Fourth Amendment extends protection from unreasonable searches and property seizures. Agents of the state cannot take control of private property or conduct searches without qualifying circumstances.
The Fourth Amendment specifically recognizes judicial warrants and probable cause as legal justifications to search. Without a warrant or probable cause, police officers and other investigators typically need consent to perform an invasive search.
Police officers cannot let themselves into someone's home or physically search people simply because they are in a public location. Additionally, there are rules that limit the state's ability to seize public property. While civil asset forfeiture laws do allow for the seizure of property in certain circumstances, people generally do not have to worry about losing their money or property without due process.
How does the Fourth Amendment help during a criminal trial?
Those facing criminal investigations or accusations have the right to decline requests to search. They can deny access to private property if law enforcement professionals do not have warrants or probable cause. If an inappropriate search does occur, the Fourth Amendment empowers a criminal defense attorney to challenge the state's conduct and ask the courts to set aside ill-gotten evidence.
Under the exclusionary rule, which stems from Fourth Amendment protections, the state may not be able to use evidence obtained from illegal activity or a violation of an individual's rights during criminal proceedings. Those who are aware of their rights can better navigate interactions with law enforcement. They can also evaluate different options for fighting pending criminal charges.
Discussing the conduct of law enforcement professionals with a skilled legal team may help those preparing to fight criminal charges hold the state accountable for allowing inappropriate searches and other improper law enforcement conduct.]]>On Behalf of Law Offices of David N. Ghazi<![CDATA[3 types of prescribed drugs that are subject to legal scrutiny]]>https://www.davidghazilaw.com/?p=475712025-06-09T10:00:28Z2025-03-30T21:03:45ZPrescription sedatives
There are several types of medications that sedate or relax people. Benzodiazepines, a popular class of psychiatric medication, have a strong association with substance abuse. People also frequently abuse barbiturates, which are another sedative drug. Even muscle relaxants prescribed to people with soft tissue injuries can lead to enhanced law enforcement scrutiny because of their association with abuse.
Prescription stimulants
Medications that produce the exact opposite effect are also strongly associated with prescription drug abuse. Stimulant medications, such as drugs prescribed for attention deficit hyperactivity disorder (ADHD) have strong demand on the unregulated drug market. People resell their prescriptions or access these stimulant drugs without a valid prescription. Particularly when the party using the medication is an adult, not a student, officers may be suspicious about the possession and use of stimulants.
Opioid and opiate pain relievers
Traditional opiate medications, like codeine and morphine, have been sources of drug abuse for decades. Newer opiate medications are similarly easy for people to abuse. Even worse, they often find their way into other drugs distributed on the unregulated market. Substances ranging from OxyContin to fentanyl create a risk of both addiction and overdose.
Those accused of unlawfully possessing or transferring commonly-abused drugs may need to be proactive about protecting themselves. Those facing drug charges related to prescription medication often need help avoiding a conviction. Reviewing medical records with a skilled legal team can be a first step toward a reasonable defense strategy when accused of illegal conduct with prescribed medication.]]>On Behalf of Law Offices of David N. Ghazi<![CDATA[Georgia’s “911 Medical Amnesty” law]]>https://www.davidghazilaw.com/?p=475692025-06-09T10:00:35Z2025-02-27T02:21:07ZWhat protection does the law offer?
Each state’s “Good Samaritan” overdose immunity law is different. Some offer more protection than others and some have more conditions for who should receive immunity than others. All were enacted to reduce the number of fatal overdoses. Let’s take a brief look at Georgia’s “911 Medical Amnesty” law.
Georgia’s law provides immunity from arrest, charge and prosecution for the following criminal offenses if they’re discovered because someone called for help:
Possession of a minimal amount of an illegal substance, such as four grams of a solid substance or one milliliter of liquid
Possession of drug paraphernalia
Underage alcohol possession
The law also provides immunity from consequences for the violation of a condition of parole, probation or pretrial release. The immunity applies to both the person who seeks help and the person who is overdosing. If someone seeks help for themselves, the same immunity applies. The law requires that the person who calls for help remains at the scene and cooperate with all first responders when they arrive.
Can a person still be arrested even if they call for help?
It's important to note that the law doesn’t apply to any other offenses if evidence of another crime is discovered at the scene. This includes non-drug or non-alcohol-related crimes or serious drug-related crimes, like manufacturing or trafficking.
While the law offers important protections from prosecution for personal drug use for those who seek emergency help for an overdose, it can’t guarantee that someone won’t be wrongly arrested or even charged. If that happens, it’s important to seek legal guidance.]]>On Behalf of Law Offices of David N. Ghazi<![CDATA[What can happen to people who drive without a license?]]>https://www.davidghazilaw.com/?p=475682025-06-09T10:00:42Z2025-02-03T05:23:08ZWhat are the penalties for driving without a valid license?
The exact penalties a driver faces depend on their record. The more prior offenses the motorist has, the more serious the charges become. The first time the state accuses a motorist of driving without a license, they are usually at risk of a misdemeanor charge. The penalties could include fines of between $500 and $1,000, between two days and 12 months in jail and a license suspension that lasts six months.
Those with a prior conviction face more serious penalties and charges. A second or third offense within five years of the first can lead to aggravated misdemeanor charges. The penalties include between 10 days and 12 months in jail, while the fine increases to between $1,000 and $2,500. The license suspension stays the same.
Anyone convicted of a fourth or subsequent offense within five years may face felony charges. The penalties include between one and five years in jail and up to $5,000 in fines. The state can suspend the driver's license for as little as six months but possibly for the rest of their life.
Those accused of driving without a license may need help responding so that they aren't at risk of criminal consequences and escalating penalties in the future. Even a traffic-based offense may result in a criminal record that can affect a defendant's future. Fighting back against allegations of driving without a license may help people avoid penalties or limit the consequences of the charges that they face.]]>On Behalf of Law Offices of David N. Ghazi<![CDATA[Unintentionally distributing fentanyl can bring decades in prison]]>https://www.davidghazilaw.com/?p=475662025-06-09T10:00:49Z2025-01-06T00:42:43ZThere’s no question that the increased presence of fentanyl has added to the crisis of drug fatalities in this country. Even a tiny amount of fentanyl can kill someone quickly. Unfortunately, all kinds of drugs can end up being laced with this synthetic opioid that’s some 50 times stronger than heroin.
That means someone who sells any controlled substance – even one they believe is relatively harmless – can be giving someone a lethal dosage of fentanyl without realizing it. According to the Georgia Department of Public Health, in the years between 2019 and 2022, fentanyl-related overdoses rose by more than 300%.
What does the new law say?
A new Georgia law took effect in July 2024 that increases the penalties for those who are convicted of unintentionally distributing fentanyl. Under the law, if a person dies from a drug laced with fentanyl, the person who sold it to them can be charged with aggravated involuntary manslaughter.If convicted of the felony charge, they can face a prison term of anywhere from a minimum of 10 years up to 30 years in prison. They can be charged under this law as long as they knew the drug they were selling was a controlled substance but didn’t know it contained fentanyl.
A single Xanax
The law (known as “Austin’s Law”) is named for a 30-year-old Georgia man who died after consuming a single Xanax pill he bought that turned out to be laced with the lethal drug. His parents worked to get this law passed. His father notes that after his son died, no one was arrested and that even if they had been, they wouldn’t have faced “anything more than a misdemeanor.”Selling any kind of controlled substance “on the street,” even one that’s widely prescribed, comes with the risk of criminal charges. However, the widespread presence of fentanyl – and this new law – add a whole new layer of risk for those who engage in this activity. Even though they may have no intention of harming anyone, it can be impossible to know whether there is a dangerous contaminant in the drug. It’s more critical than ever to have experienced legal guidance when facing charges for distribution of controlled substances.]]>