Baxley, GA asked in Criminal Law for Georgia

Q: When u get searched on the side of road or at home then u get to jail they find something on u charged cross guard line

I want to know how it can be such a charge when I thought crossing guard line is when u took something and or took it to someone in the jail

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2 Lawyer Answers
David S West
PREMIUM
Answered

A: Crossing the guard line in Georgia includes not trllling police you have narcotics or drugs on you after you’ve been arrested and it is not discovered until they are booking you into the jail. Unfortunately, police are not required to warn you that you had better give them what you have or you will face even more serious charges. Of course, prosecutors don’t care because in their mind you knew you had it and you were just hoping somehow it would get overlooked. But the law is pretty cut and dry, if you bring drugs inside the guard line that surrounds a jail facility, you have broken that law. And it can take a minor crime and make it more serious. Fortunately, good drug lawyers can often get this charge dismissed or reduced.

A: The charge is generally brought by police officers who want to tack on charges. It is usually only prosecuted when the a person intentionally smuggles drugs into the jail.

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