Drug arrests happen fast, and a mistake in the first hours can decide the case. Here is what you need to know.
Your rights when arrested
- The right to remain silent — you don't have to give a statement without a lawyer
- The right to a lawyer from the moment of arrest
- The right to have a family member informed
- The right to read the record and add your comments
Search and seizure
Watch who is present at the search, what is taken and how it is packed. If the record doesn't match what happened, don't sign it — or add a note.
Drug testing
Police may ask for a test if they have sufficient grounds. Avoiding a test is itself an administrative offence — a fine of GEL 500–2,000 or administrative detention of up to 60 days.
Deadlines
You must be charged within 48 hours of arrest, and within the next 24 hours a court decides on a preventive measure. Your lawyer should already be involved by then.
Possible penalties
- First-time use or possession of a small amount — as a rule, an administrative penalty
- The same again after an administrative penalty — a criminal offence
- Buying and possession — imprisonment of up to 6 years; more for large amounts
- Sale and import — serious crimes with long sentences
Mistakes to avoid
- "Explaining" without a lawyer
- Signing a record without reading it
- Giving your phone password without legal advice
- Accepting a plea agreement without a lawyer's advice
Legal basis
- Criminal Code of Georgia
- Criminal Procedure Code of Georgia
- Code of Administrative Offences of Georgia
Official texts (in Georgian) — Legislative Herald of Georgia, matsne.gov.ge.
This article is general information and does not replace advice from a lawyer on your specific case.