The Patterson Cozzo Law Firm Blog

Illegal Drugs and My Teen, Now What?

An open palm contains six white social media pills resembling illegal drugs. — There are many kinds of addictions not limited to illegal drugs.

Most teens encounter opportunities to use illegal drugs or use prescription drugs recreationally at some point during high school. According to the Centers for Disease Control and Prevention, about half of all high schoolers have used marijuana at some point. Close to two out of every ten high school seniors have abused prescription medications that weren’t their own as well.

Getting caught with a controlled and dangerous substance (CDS) in Georgia doesn’t have a set penalty. Grouped into five distinct categories, each substance aligns with a different range when it comes to sentencing. What’s important to know is that the amount of the substance matters gravely. You may also find yourself in the same amount of trouble for having the ingredients to create and manufacture drugs in your possession.

The five schedules of drugs

A random assortment of various capsules and pills — Prescription medication not taken as directed could be viewed as illegal drug use.

Georgia organizes CDS around both the likelihood for abuse and how much use the drug has medically. The charge for possession of any CDS is a felony in all cases except for less than an ounce of marijuana. Georgia treats that level of possession for that specific drug as a misdemeanor. The penalty length depends on the drug, the amount in your possession, and whether you have any priors.

Schedule I Drugs – these have the highest potential for abuse and no accepted medical use. Examples are MDMA, Ecstasy, LSD, Heroin, and Mushrooms. Marijuana goes in this category at the federal level, however Georgia addresses it differently if they find less than an ounce in their possession. Penalties include anywhere between 2-15 years in jail for a first offense. For less than an ounce of marijuana, the penalty is typically some combination of a year in jail, a $1000 fine, and a year of community service.
Schedule II Drugs – these have a high potential for abuse as well as some accepted medical use. Oftentimes, these prescription drugs are not used by the intended person for the specified reason. Examples include Amphetamines, Codeine, Cocaine, Fentanyl, Hydrocodone, Ketamine, Morphine, and Oxycodone. Penalties are the same as with schedule I drugs.
Schedule III Drugs – drugs in this category have less potential for abuse, but they’re often very easy to become psychologically dependent upon. Used primarily for medical purposes, they’re also easy to obtain. Examples are drugs like anabolic steroids and certain barbiturates. A first-offense penalty can be anywhere from 1-5 years jail.
Schedule IV and V Drugs – these also carry a penalty of up to five years in jail, but include drugs with the lowest potential for abuse. Schedule IV drugs consist of medications like Xanax, Valium, and Ambien, while Schedule V medications are typically stuff available over the counter like cough syrup.

Possession of drug-related objects in Georgia is typically a misdemeanor charge, which carries a penalty of up to 12 months in prison, a $1,000 fine, or both. Anything that hides or conceals, grows or cultivates, stores or packages, or facilitates the use of drugs gets grouped into this category.

Caught at school

A young man in a hallway walks toward an open door. — Illegal drug use can lead to feelings of loneliness and isolation.

Most schools have a zero tolerance policy when it comes to illegal substances on campus. Suspension is common if your child does get caught. You can check your school’s handbook for the exact consequences as well as information on how to appeal the suspension. If expelled, make sure to talk with the school to see if anything can be done that would allow them back. Whatever happens, keep written records of everything.

Caught by police

Three teens sit outside of a building. — Loitering could possibly lead to a search if there is reasonable suspicion.

A police officer can stop and search an individual if they have reasonable suspicion. They don’t have to see you using a drug to pull you over.

Likewise, if stopped for a traffic violation and the officer suspects you have drugs in the vehicle, you can be searched. In order for a search to be valid, police must inform you why you’re being searched and what they expect to find before the search begins. Whether or not they need a warrant depends on each individual circumstance.

If drugs or any paraphernalia are discovered, you will get arrested. Ask the police officer why an arrest is taking place if they don’t tell you, but be calm and polite. An arrest doesn’t equal a charge, so it’s important to not panic. You can be held up to 24 hours without a charge, and you may still be let go without one being formally made.

How a qualified attorney can help

A hand reaches out from within a large body of water. — Reach out for help if you feel you are struggling with illegal drugs.

With a knowledgeable lawyer on your side, your options increase should you be arrested and charged with possession of a CDS. Because these substances are illegal no matter what your age, it’s important to consult an attorney at the first sign of trouble. This ensures you receive proper guidance and support for your case.

With a free consultation from The Patterson Cozzo Law Firm, you’ll connect with a capable lawyer. They will carefully evaluate your case before offering advice on how to reach the best possible outcome. If your teen finds themself in trouble as a result of illegal or prescription drugs, we can help. Call today to schedule your free consultation.

Premises Liability and Keeping Your Property Safe

A man stands on the front steps of a building in disrepair which suggests a potential premises liability. — A man stands on the front steps of a building in disrepair.

Any personal injury which occurs because of unsafe or defective conditions on someone’s property falls under premises law. Most people think of these injuries happening at a business, but a person’s home falls under this category as well. If you experience an injury in someone’s home because they fail to address obvious issues, you may have a case against them.

Georgia Law

An old, abandoned factory building with broken windows.

In order to bring a premises liability case against an individual or business you must be able to demonstrate negligence. This means the owner has not used reasonable care to maintain the property.

Unsafe conditions don’t automatically lead to a successful lawsuit. The owner must be fully aware there was an unsafe condition and ignore it. Establishing negligence can be tricky in some cases. An experienced personal injury attorney can help you review the situation and evaluate whether or not there’s a viable case.

In Georgia, the ability to file a personal injury lawsuit of this kind typically only extends to people deemed invitees. These are individuals lawfully allowed to come into the business or be on the property.

Examples are students on the campus of the university they’re attending, tenants within the apartment building where they’re leasing, patrons out shopping in a store or eating at a restaurant. If an injury occurs while you’re illegally on a property, you cannot typically recover for your injuries.

Common types of injuries

A man with an injured and bandaged arm gives a thumbs up.

According to the National Safety Council, falls are the top nonfatal injury in the U.S. They make up 31% of the total nonfatal injuries. Falls are also the third most common injury type that leads to death. Unsafe conditions in the home or a business can often cause trips, slips, or falls. This is why it’s essential to address potentially dangerous conditions as soon as you’re aware of them. Other examples of situations that can lead to personal injury where you may have a case include:

Defective conditions
Improper or insufficient equipment maintenance
Faulty or poorly maintained wiring
Poor safety precautions when working with toxic fumes or chemicals
Plumbing malfunctions

You may even have a case should a personal injury occur as a result of inadequate building security. This can lead to someone accessing the premises and harming you.

Keep your home safe

An old, teal wooden double door and gray concrete wall suggests an abandoned building with a potential premises liability inside. — This old double door suggests an abandoned building with a potential premises liability inside.

In addition to watching out for possible dangers when you're out, it’s important you keep your home safe for others. Maintain the interior of your home, but also make sure all outside stairs, ramps, and even the driveway are properly maintained. These areas are common spots for falls to occur. Your lawn and any undeveloped land on your property should also be kept safe. Other tips for decreasing the risk injury at home include:

Utilizing proper security devices such as exterior cameras or an alarm system
Addressing issues within the home related to plumbing and wiring
Installing safety devices throughout the home such as fire extinguishers, smoke detectors, or CO2 detectors
Securing all wall hangings and items on shelves
Making sure sidewalks and stairs are in good repair and free of debris
Ensuring children are always adequately supervised
Gating dangerous areas on your property such as swimming pools

Know when to contact an attorney

While you may be attentive in keeping your home safe, others might not be as careful. Should you experience an injury while on someone else’s property, it’s important to reach out to an experienced lawyer to evaluate the situation effectively.

The knowledgeable legal team at The Patterson Cozzo Law Firm can help carefully review your case and provide options for you to achieve the best outcome possible. The initial consultation is free, so schedule an appointment today.

Stay Safe at the Gym for the New Year

A man tries to stay safe at a gym by doing pull ups with proper form. — You can help yourself stay safe at the gym by doing pull ups with proper form.

Out of the top 10 most common New Year’s resolutions, exercising more and losing weight are often right at the top. Hitting the gym can satisfy both of these, and it’s not uncommon for gyms to fill up come January. Staying fit is a great resolution to have as long as you’re working out safely. Keeping yourself protected from muscle injuries and using equipment cautiously are two important pieces to starting your exercise routine in the new year.

To prevent muscle strain, make sure to warm up, cool down, drink lots of water, and wear the right shoes and clothing. If you’re new to the gym, consider a few sessions with a personal trainer. Learn how to properly exercise and stretch, along with what an appropriate number of reps or weights to use as you exercise.

Additionally, there’s tons of equipment in today’s gyms, and getting injured while operating any of it can be serious. It also might not be the result of user error. If you find yourself sustaining a personal injury while on gym equipment, it’s important to document the particulars of your situation. This helps establish if the cause is more than user error or a simple accident.

How to keep yourself safe on gym equipment

Falling off heavy equipment can lead to a head injury, broken bones, or even a contact burn on your arm or leg. Minimize the chance of these injuries, through taking the proper precautions when using gym equipment, such as:

Use safety clips with all free weights to ensure the weights don’t slide off the bar.
Give yourself plenty of room when working out so you don’t bump into someone else or accidentally hit someone with a piece of equipment.
Check equipment before you use it to make sure everything is properly locked into place. For treadmills and similar machines, make sure the safety release is properly installed.
Inspect equipment for any frayed or damaged cables or pulleys before use.
Never workout completely alone. Working out with a partner or ensuring a staff member is close by adds another set of eyes on any potentially dangerous situation.

For treadmills and other similar equipment, a few extra precautions can help avoid injury, including:

Looking forward to minimize risk of falling or losing footing.
Avoiding the use of handrails for your entire workout. They can actually throw you off balance.
Wearing the right shoes; no bare feet.
Waiting for equipment to stop being in motion before stepping off.

Before trying a new piece of equipment, make sure you really know how to use it. Even if the instructions seem straightforward, don’t hesitate to ask a staff member for a demo.

Instances where a gym might be at fault for your injury

A woman stays safe jumping rope at a gym.

Taking all the precautions above can help protect you from certain personal injuries at the gym. However, you may find yourself hurt as a result of improper management of the gym itself. It’s important to distinguish between the two if you sustain an injury while working out. Some scenarios where the gym might be at fault include:

Improper spacing between equipment. If machines are set up too close together you could experience an increased risk of bumping into a machine while it’s in use. This can lead to a variety of injuries for you and possibly the person on the machine.
Hard to read instructions. Failure of your gym to provide useful and legible instructions for how to use equipment can lead to improper operation and subsequent injury. In your home gym, instructions that are hard to interpret can even lead to incorrect installation of equipment.

Get the legal help you need if hurt at the gym

We hope that you’re able to stick with your New Year’s resolution to improve your health this year, but should an exercise-related injury occur, contacting an accomplished personal injury attorney can help you accurately assess fault. Once that’s done, they can assist you in determining the next course of action.

At The Patterson Cozzo Law Firm, our attorneys have managed an extensive array of personal injury lawsuits with the goal of getting clients the best outcome possible. It all starts with a free consultation. Contact us today to get the support and advice you need.

What Happens If Mediation Doesn’t Work?

A "Why?" street sign with a meadow in the foreground and mountains in the background

Deciding to enter mediation over a dispute means all parties involved agree to work with a neutral person (a mediator) to help facilitate the negotiation of an agreement that works for everyone. There’s no judge and often no lawyers. The people involved speak for themselves. A mediator hears both sides explain the issue, asks questions when clarification is needed, and helps guide everyone toward a conclusion that works for all individuals.

That’s the ideal outcome of mediation, but sometimes an agreement can’t be reached and parties leave mediation with the issue unresolved. So, what happens next, after mediation fails?

Failure is too harsh a word

A book about failure an MacBook Pro on a table

Leaving mediation without coming to a mutually agreed upon solution to the dispute in question doesn’t necessarily mean it failed. While it wasn’t fully successful, chances are that during the course of mediation small issues related to the dispute were cleared up. This is proof mediation is helping your situation, which means it may be worth trying again.

Consider taking a step away from the mediation table to process what occurred during your session. Once emotions calm down, you may be able to see a way to an agreement that wasn’t apparent before. Stay in touch your mediator in case you’re able to come back a few weeks or months later to have a more constructive conversation.

If you feel like your mediator possibly contributed to your lack of resolution, it’s perfectly okay to try mediation again with someone different. There’s no penalty to revisiting the dispute in the same way, just with another person helping you to reach a solution. This is especially important to try if you feel like negotiating independently of the courts will yield the best results for you and all parties involved.

You can also try mediation from a different perspective. Revisit mediation, but from an evaluative approach. This is where the mediator takes on the role of a fictitious courtroom. They take into consideration all the facts and evidence of the dispute before predicting how a court of law would decide the matter. This gives you insight into how things could go should you decide to pursue the issue in court. It may not swing in your favor, which can lead to you being more open to giving mediation another try.

Why mediation doesn’t always work

Office worker pours coffee into a mug labeled "UGH."

If additional attempts at mediation still don’t yield a result, it’s important to take a look at what’s causing the lack of success. Ask yourself these key questions to establish whether or not mediation is going to work for you:

Is there a lack of trust and cooperation between parties that can’t be overcome?
Is there an unwillingness to compromise in any sense?
Is the mediator unable to prevent conflict between involved parties?

Issues like these present considerable speed bumps to a successful mediation, and it may be time to consider alternatives to getting your dispute settled.

Taking your dispute to court

Over shoulder view of mediators reading paperwork and other contracts. — If you believe mediation doesn't work, you should consider hiring a better mediator.

After exhausting all attempts at mediation, the next step is going to court. A judge will review your case and make an official decision. Disputes that have gone through mediation are still eligible for court, however anything discussed or that occurred during mediation remains confidential and can’t be admitted as evidence. Essentially, you’ll be starting fresh in court, as if mediation never occurred. If you didn’t have an attorney assisting you during mediation, at this stage, you should find one experienced with your particular situation to help you navigate the legal process.

While it’s guaranteed a decision will be reached once you take your case to court, it’s often a more stressful environment where negative feelings can amplify due to the setting. Mediation is more like a neutral conversation whereas being in court puts you on one specific side of an issue. It’s important to take these factors into consideration before shifting your dispute into litigation.

The benefits of finding the right mediator the first time around

Because mediation can lead to faster results and less overall costs, it’s often a good option to try first when involved in a dispute. Select a mediator who keeps control over the conversation to move it along, listens to both sides, and focuses on realistic outcomes. Mediation services at The Patterson Cozzo Law Firm give you the power to make your own decisions.

By providing a comfortable and safe environment, you’ll be able to discuss your case feeling respected and properly cared for, as our experienced mediator helps guide you to an agreement that works for everyone. Book an appointment today or contact us for additional information.

What is Mediation?

Helping parties come together to a mutually agreed upon resolution

Mediation is defined as the, “intervention between conflicting parties to promote reconciliation, settlement, or compromise.” There’s no judge, no jury. Legally speaking, it’s when two people or two groups bring a dispute to an independent person. They then work toward reaching a solution. It’s a good option to consider if you’re in need of conflict resolution and want to retain more control over the situation.

Reaching reasonable outcomes equals the central focus of mediation. The difference being that you’re able to bring emotional commentary into the conversation that would otherwise not be utilized in court.

Meet your mediator

The neutral, third person who helps resolve your dispute is known as a mediator. They don’t have the power to make a decision in your case if an agreement isn't reached, but they endeavor to settle the disagreement. The mediator listens to both sides as they explore options for settlement with you. They help to clarify the issues driving the dispute in order to provide an appropriate settlement that meets the needs of both parties. The key to mediation: it's a voluntary agreement. Both parties must approve the decision in order to avoid the next step, court.

When to consider mediation

Most often, mediation works for non-criminal matters and claims that aren’t centered on a legal issue. Mediation is an appropriate next step to consider, especially in situations like divorce, child custody, and general disputes with family, neighbors, business partners, landlords/tenants, and labor unions/management. Any situation where each side doesn’t want to compromise makes a good case for mediation.

Why use mediation

More than 90 percent of mediations lead to long-term conclusions with both parties staying content. It’s a quick and inexpensive option as well. Mediation can take place within weeks after requesting a meeting, while it can take significantly longer to get a court date scheduled. According to Cobb County records, the mediation in Atlanta costs between $95-$300 per hour, and both parties typically split fees.

Mediation is also easier than going to court because you keep control over when the meeting will take place. You get to select a time that works for all parties rather than getting a date and time from the court. You’re also able to communicate directly with the other side, engaging in a conversation to help reach a resolution rather than having to go through lawyers.

Although it can feel like a more casual process, mediation remains totally confidential. Statements made during mediation and documents prepared to use at the meeting are not admissible in any future legal proceedings without the written consent of both parties. If you try to resolve your dispute with mediation and it doesn’t work, what you discuss does not have to carry over into the courtroom.

What happens during mediation

The day of your mediation session, you’ll start with an explanation of the rules and processes by the mediator. After that, each party gets an opportunity to describe the dispute in their own words. The mediator asks questions to ensure they fully understand the conflict. If they want to speak about an issue in more depth, private meetings with each party may happen.

Once the mediator has a full understanding of the situation, they’ll offer up possible solutions, which both sides then discuss. Negotiation then takes place in order to reach an agreeable resolution. Each party signs a written statement if they reach an agreement. This document is admissible in court.

You do not need to have a lawyer present during mediation unless it would make you more comfortable. There’s no penalty either way. They are often most helpful prior to deciding on mediation. Their experience guides you through deciding whether or not to seek mediation. If your lawyer does join you during mediation, they'll support you during negotiation.

Locating an experienced mediator

Just like selecting your own attorney, you have the ability to choose a mediator for your case. With extensive trial experience, Kathryn Cozzo, is a mediator with the primary goal to shift focus back to the parties. She strives to let both parties have a voice and feel empowered to make their own decisions.

Based in The Patterson Cozzo Law Firm, mediations take place in a comfortable setting, unlike what a courtroom often feels like. Two large conference rooms with separate break-out rooms are available in addition to free Wi-FI and access to technology for PowerPoint presentations and video conferencing. Click here to learn more and book your mediation appointment.