Georgia Unstamped Cigarette Smuggling Attorney

Georgia Unstamped Cigarette Smuggling Attorney
Who hasn’t thought of this one? Seriously – when you are a store owner you would love to by cigarettes for less and sell them for more. In most cases, we have a situation where a “mule” will carry cigarettes over state lines and is then stopped as soon as they cross over the state line into Georgia. The police are very familiar with this set up. You will most likely be pulled over for a broken tail light or something very minor. However, if the stop is valid, then, at the very least, the police have the right to inspect the wing-span of your car. If for any reason there is probably cause that you may have a weapon, they will check your trunk. If you know how the police operate, then, you know they will create probable cause by any means. Even if your motion to dismiss gets you off the charges of importing illegal cigarettes into the state, you will most likely never get your cigarettes back.
Here is the law on carrying unstamped cigarettes in the state of Georgia:
O.C.G.A. 48-11-24 (2010)
(a) Any person who possesses unstamped cigarettes or loose or smokeless tobacco or nontax-paid cigars or loose or smokeless tobacco in violation of this chapter shall be liable for a penalty of not more than $25.00 for each individual carton of unstamped cigarettes or loose or smokeless tobacco and $50.00 for each individual box of nontax-paid cigars or loose or smokeless tobacco in his or her possession.
(b) Any person who engages in any business or activity for which a license is required by this chapter without first having obtained a license to do so or any person who continues to engage in or conduct the business after his license has been revoked or during a suspension of the license shall be liable for a penalty of not more than $250.00. Each day that the business is engaged in or conducted shall be deemed a separate offense.
(c) Proceedings to enforce and collect the penalties provided by this chapter shall be brought by and in the name of the commissioner. With respect to offenses committed within the territorial jurisdiction of the court, each superior court shall have jurisdiction to enforce and collect the penalty. The costs recoverable in any such proceeding shall be recovered by the commissioner in the event of judgment in his favor. If the judgment is for the defendant, it shall be without costs against the commissioner. All expenses incident to the recovery of any penalty pursuant to this Code section shall be paid in the same manner as any other expense incident to the administration of this chapter.
 
Georgia Unstamped Cigarette Smuggling Attorney