The way to challenge that is by filing a motion early in the case, getting a hearing, and then showing the judge that the search was unlawful. Williams was in possession of approximately one ounce of methamphetamine and arrested. ) or https:// means youve safely connected to the .gov website. If the defect in the information submitted to the judge was necessary to find probable cause, the warrant will generally be voided by the court and any seized evidence will be suppressed. If you've been charged with drug trafficking in Georgia, it's in your best interests to contact a local drug crime attorney who can help you understand and potentially challenge the most complicated aspects of the charges, such as determining whether the quantity of drugs amounts to trafficking. A total of 76 defendants are named in a newly unsealed federal indictment describing a massive drug trafficking investigation tied to the Ghost Face Gangsters criminal street gang that includes allegations of multiple deaths from illegal drug overdoses. They can make a few phone calls and be part of a drug conspiracy. Individuals pulled over in their automobiles during a traffic stop do not enjoy the same level of protection and privacy. If you are convicted of 400 grams or more, you face a minimum prison sentence of 25 years and a $1,000,000 fine. Attorneys Noah J. Abrams and OCDETF Coordinator Marcela C. Mateo. All rights reserved. With the removal of drugs, weapons and money and 12 defendants from the streets, the citizens of Bibb County will be immediately safer., Illegal drugs and illegally possessed firearms have no place in Georgia, said Vic Reynolds, Director of the Georgia Bureau of Investigation. You need to consider that in almost any drug case theres usually going to be a search. He had been flying two folks from the Mexican border to Atlanta back and forth many times. A search warrant must also particularly describe the place to be searched and the person or things to be seized. But those are the basic elements and defenses involved in a federal drug conspiracy charge. The most common drugs in each schedule are as follows: O.C.G.A. If a warrant fails to state the exact address of the place to be searched or the specific items that may be seized by law enforcement, the warrant may be deemed invalid. This case is a direct result of what can be achieved when the U.S. Drug Enforcement Administration (DEA) and its law enforcement partners confront, engage and eliminate drug trafficking, said the Special Agent in Charge of the DEA Atlanta Field Division Robert J. Murphy. Ryan Brown handles drug trafficking cases across the state of Georgia. The judge must then determine if law enforcement has provided enough information to establish probable cause to believe that a crime has been or is being committed at a specific location. There are others, it all depends on the specific facts of the case. Theyll be recording the conversations that people in this alleged conspiracy have, then they will use those tapes against them in court, but they have to do it the right way. We can be grateful that countless individuals have been saved from a drug overdose or a gunshot wound by the work of the law enforcement professionals in this operation., Operation Breaking the Bond is another example of the FBIs willingness to work with our federal, state and local partners to dismantle organizations that endanger our communities, said Chris Hacker, Special Agent in Charge of FBI Atlanta. In the vast majority of cases involving the search of a home, law enforcement is required to obtain a valid warrant before setting foot inside of the home. Duffy faces a maximum 20 years in prison to be followed by at least three years of supervised release and a $1,000,000 fine. The defendants charged in the 24-count indictment, most of whom have made initial court appearances, include: Prentice Bond, a/k/a P, a/k/a Peze, 35, of Macon, charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana; Distribution of Cocaine; two counts of Distribution of 28 Grams or More of Cocaine; Possession with Intent to Distribute Cocaine, 28 Grams or More of Crack Cocaine, and a Quantity of Marijuana; Possession with Intent to Distribute Marijuana; Possession of a Firearm by a Convicted Felon; Possession of a Firearm in Furtherance of a Drug Trafficking Crime; and Maintaining a Drug-Involved Premises; Travis Robinson, a/k/a T-Roc, 45, of Fairburn, Ga., charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana; two counts of Possession of a Firearm by a Convicted Felon; two counts of Possession of a Firearm in Furtherance of a Drug Trafficking Crime; and Maintaining a Drug-Involved Premises; Xavier Cross, a/k/a Ro, a/k/a Kairo, 45, or Macon, charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana; three counts of Distribution of Cocaine; two counts of Distribution of 28 Grams or More of Cocaine; Possession with Intent to Distribute Marijuana; Possession with Intent to Distribute 500 Grams or More of Cocaine, and a Quantity of Oxycodone; Possession with Intent to Distribute Cocaine and Marijuana; two counts of Possession of a Firearm in Furtherance of a Drug Trafficking Crime; two counts of Possession of a Firearm by a Convicted Felon; and two counts of Maintaining a Drug-Involved Premises; Charles Seang, 28, of Lilburn, Ga., charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana; Chester Hall, a/k/a Cheeseburger, a/k/a Cheese, 40, of Macon, charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana; Possession with Intent to Distribute Marijuana; Possession with Intent to Distribute Cocaine and Marijuana; Possession with Intent to Distribute 500 Grams or More of Cocaine, and a Quantity of Oxycodone; Possession with Intent to Distribute Cocaine and Marijuana; Possession of a Firearm in Furtherance of a Drug Trafficking Crime; and Maintaining a Drug-Involved Premises; Geneva Harvey, 39, of Macon, charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana; Possession with Intent to Distribute Marijuana; two counts of Possession of a Firearm in Furtherance of a Drug Trafficking Crime; two counts of Possession of a Firearm by a Convicted Felon; and Maintaining a Drug-Involved Premises; Shaneka Jackson, 43, of Macon, charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana; Possession with Intent to Distribute Cocaine, 28 Grams or More of Crack, and a Quantity of Marijuana; Possession of a Firearm in Furtherance of a Drug Trafficking Crime; and Possession of a Firearm by a Convicted Felon; Rodreco Jones, a/k/a Freako, a/k/a Rico, 39, of Macon, charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana; Earnest Milline, a/k/a Rome, a/k/a Jerome, 62, of Macon, charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana; two counts of Distribution of Cocaine; and Possession with Intent to Distribute Marijuana; Morgan Allison, 22, of Macon, charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana; Possession with Intent to Distribute Cocaine; and Possession of a Firearm in Furtherance of a Drug Trafficking Crime; George Leverett, 28, Macon, charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana; and. The 118-count, 133-page indictment charges the 76 suspects with involvement in a drug trafficking conspiracy that distributed large amounts of methamphetamine, fentanyl, heroin and alprazolam in . It is also illegal to manufacture, deliver, distribute, sell, or possess with intent to distribute any controlled substance (with limited exceptions). We dont think these people really need it, and so you violated the federal drug laws. Well, we were able to show the government that there was no unlawful agreement. Drug trafficking laws in Georgia impose mandatory federal minimum sentences if convicted of this crime. Drug trafficking is a serious criminal charge based on certain quantities of illegal drugs. On the other hand, constructive possession means the individual has the illegal substances in an area where they have dominion or control over them. In general, drug trafficking is defined as manufacturing, transporting, selling, or having an illegal substance in more significant quantities than would typically be needed for use alone. With respect to marijuana, it is illegal for a person to possess, have under their control, deliver, distribute, dispense, or possess with intent to distribute marijuana. They are complete masters of their knowledge of the law and understanding the court system while providing the top investigative team and forensic technology with a top notch administrative staff. There are several factors involved. Well, in that case the government may have shown that hes involved in drugs, but hes not a part of that conspiracy. Also follow DEA Atlanta via Twitter at @DEAATLANTADiv. This exception allows law enforcement to search a vehicle (that has been lawfully stopped) without a search warrant if there is probable cause to believe that the vehicle contains contraband. First, the District Attorney can file a motion asking the sentencing court to reduce or suspend a sentence if the defendant provides substantial assistance in the identification, arrest, or conviction of any other individuals involved in the drug operation. Case Update: Five of the eight individuals wanted by the #FBI for drug trafficking conspiracy in Georgia are in custody. If caught with 2,000 pounds or more but less than 10,000 pounds of marijuana, a person faces a mandatory minimum of 7 years imprisonment and a $250,000.00 fine. If convicted of a second or subsequent offense, he may be imprisoned for 10 to 40 years. Motions to suppress evidence are based on the idea that law enforcement has violated an individuals Fourth Amendment right to be free of unreasonable searches and seizures or some other right protected by a specific Georgia law. Federal arrest warrants were executed in Warner Robins, Georgia, and elsewhere, today resulting from a federal indictment returned on Nov. 16, charging the following individuals: The charge of possession of a firearm in furtherance of a drug trafficking crime carries a mandatory minimum of five years up to a maximum life sentence and a $250,000 fine; The charge of possession of a firearm by a convicted felon carries a maximum ten years in prison and a $250,000 fine; The charges of conspiracy to distribute controlled substances and possession of methamphetamine each carry a mandatory minimum sentence of ten years up to a maximum life sentence and a $10,000,000 fine; The charge of distribution of cocaine base carries a maximum sentence of twenty years and a $1,000,000 fine; and. The Justice Department announced the arrest of more than 110 people on gun and drug charges in three states. 16-13-31.1 criminalize the sale, manufacturing, delivery, or transportation into the state of controlled substances. Columbus: 706-649-7700. In other words, marijuana smoke billowing from the window will give law enforcement probable to cause to search. In a press release from the department, on Jan . The Supreme Court has carved out an exception to the warrant requirement known as the automobile exception. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. Toussaint is among seven defendants awaiting sentencing, while three defendants are awaiting trial. In that case, it is considered drug trafficking under Section 16-13-31 and the punishment is as follows: mandatory 5-year minimum imprisonment if the quantity is more than 4 but less than 14 grams and a $50,000.00 fine; mandatory 10 year minimum imprisonment if the quantity is more than 14 but less than 28 grams and a $100,000.00 fine; and mandatory 25 year minimum imprisonment if the quantity is more than 28 grams and a $500,000.00 fine. A .gov website belongs to an official government organization in the United States. The first element of trafficking involves whether you: The second element involves possessing, manufacturing, delivering, or distributing a certain amount of a drug, which varies between the controlled substances. As the source of the operation, Duffy fueled an epidemic and wreaked havoc in many communities. One way this may occur is when law enforcement exceeds the scope of the search warrant. Investigators from the Georgia Bureau of Investigation (GBI), working with federal and local law enforcement agencies, identified Deltinaud Toussaint, a/k/a Black, a/k/a Tino, a/k/a Tino Black, 44, of Vidalia, as the primary supplier of the organizations narcotics including methamphetamine, cocaine, MDMA or Ecstasy, and marijuana through connections in Atlanta. SE, Suite #417 Marietta, GA 30060, Title 16 Crimes and Offenses Chapter 13 Controlled Substances, Trafficking cocaine: O.C.G.A. PATRICK JOHNSON, 27, of Chicago, is charged with one count of murder in aid of racketeering. The charges of possession of cocaine with intent to distribute and possession of cocaine base with intent to distribute each carry a mandatory minimum sentence of five years up to a maximum sentence of 40 years and a $5,000,000 fine. 16-13-31). Operation Ace in the Hole, whose name was derived from Adams alias, was an Organized Crime Drug Enforcement Task Force (OCDETF) investigation initiated in August 2018 in response to increasing levels of gang violence and drug-related activities in the Vidalia area. But, in some cases, a judge can depart from the mandatory minimum term of imprisonment if, for example, the persons criminal conduct didnt result in death or serious injury, or they didnt possess a dangerous weapon or a firearm at the time when the crime was committed. The answer is that it varies because Georgia sets different limits for different categories of drugs, and they are not always the same for individual schedules. Again, a federal judge threw out those wiretaps and we were able to resolve the case. Here is a short video describing drug trafficking laws in Georgia, including some defenses that our firm has used in the past to win these cases at trial or successfully resolve them before they ever get to trial. 16-13-31(b). Criminal indictments contain only charges; defendants are presumed innocent unless and until proven guilty. Another defense, and this is a little more complicated, is that the person may be involved in the drug business, but its a different conspiracy than the one the government has charged him with in the indictment. A locked padlock On Friday, December 2, 2022, the GBI SWRDEO, Pelham Police Department, and the Thomas County Sheriff's Office executed three search warrants in Pelham, Mitchell County, GA. 264 E. Railroad Street, Pelham, GA, a car wash business owned and operated by Williams. Furthermore, for larger quantities of certain types of drugs, a person may also be charged with drug trafficking (O.C.G.A. After reviewing the discovery, a criminal defense attorney will decide whether to challenge the search by demanding that the court hold a hearing to determine the admissibility of the drugs. Anderson faces a maximum sentence of four years in prison to be followed by three years of supervised release and a $250,000 fine. These violent, gang-related drug dealers can no longer peddle poison in Vidalia, Ga., and the surrounding community, said Robert J. Murphy, Special Agent in Charge of the Drug Enforcement Administration (DEA) Atlanta Field Division. Drug trafficking charges in Georgia are a felony. In some cases, the information submitted to the judge will be incomplete, false, stale, or obtained through unreliable sources. Kathy Black, 40, of Macon, pleaded guilty to one count use of a communication facility to facilitate a drug trafficking offense. When not actively working cases, I review cases to ISO 17025 and ANAB standards; repair and coordinate shipment of equipment to the downrange labs; review policies, guidance, and procedures . However, if you are convicted of trafficking between 4 and 14 grams of heroin, morphine, and opium, the sentence is five to thirty years in prison with an associated fine of $50,000. Obviously there was an agreement. A controlled substance is a drug, an immediate precursor or essential compound used to make a drug, or marijuana. WAYCROSS, Ga. (WALB) - 76 drug traffickers were named in Operation Ghost Busted, the largest drug trafficking investigation in the Southern District of Georgia, on Jan. 11. Disclaimer|Sitemap. Assistant U.S. Attorney Robert McCullers is prosecuting the case. In December 2017, following the arrest of a heroin dealer in Macon, federal and local law enforcement began investigating heroin distribution by co-defendant Summerford. One defendant, Torey Johnny Lee Washington, a/k/a Fool, 40, of Vidalia, is a fugitive. Weve also been successful suppressing wiretaps, and we see wiretaps now in almost every drug case. We will continue to work diligently along with our local and federal partners to investigate and dismantle drug trafficking organizations., These sentences reinforce our strong commitment to dismantle gangs that plague our communities with drugs, guns and violence, and threaten the safety of the citizens who live in them, said Chris Hacker, Special Agent in Charge of FBI Atlanta. If successful, a motion to suppress evidence will usually result in the dismissal of all drug charges well before trial. The people that he was carrying into Atlanta had large duffel bags with them, and it turns out they had a lot of cocaine in those duffel bags. Jackson faces a maximum 20 years in prison to be followed by at least three years of supervised release and a $1,000,000 fine; and. By removing the most serious charges, you may be able to avoid the harshest sentences. Drug trafficking charges are serious in Georgia and are nearly always prosecuted as a felony offense. The difference between drug trafficking and other drug crimes - like drug possession, drug distribution or drug manufacturing - is the quantity of drugs involved in the offense. Initial appearances for the defendants occurred today before U.S. Magistrate Judge Charles H. Weigle. We will contact you as soon as possible if we are able to help. Attorneys Noah J . If you need the best, then hire the best! 16-13-31(c), if a person possesses, grows, brings into the state more than 10 pounds of marijuana, it is considered trafficking. ) or https:// means youve safely connected to the .gov website. And then when they would distribute it in Atlanta, they would load it back up with cash, take it back to the Mexican border. Two Key Defendants in Middle Georgia Drug Trafficking Conspiracy Sentenced to Federal Prison 'Operation Ace in the Hole' targeted major drug distributors STATESBORO, GA - Two Vidalia, Ga., men who played key roles in an expansive, gang-related drug trafficking ring in middle Georgia each have been sentenced to more than a decade in federal prison. Investigators also seized 39 illegally possessed firearms, ranging from pistols and shotguns to assault-style rifles. It is not uncommon for officers to then search the vehicle for contraband. Se Habla Espaol, 101 Marietta Street NWSuite 3300Atlanta, GA 30303(404) 223-3310, 2022 by The Church Law Firm LLC. Investigators also seized 20 firearms, including a fully automatic machine gun and several assault-style rifles, a trove of gang-related documents, and nearly $50,000 in cash. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime. This case is the product of a concerted collaborative effort on the part of ATF and its local partners to target, investigate, and eliminate the perpetrators of violent crime, said Beau Kolodka, Assistant Special Agent in Charge of the Atlanta Field Office of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). . Obie Wright, 66, of Warner Robins, is charged with one count of conspiracy to distribute controlled substances and two counts of distribution of cocaine base. Lock This field is for validation purposes and should be left unchanged. With so many recent changes in various state regulations, many people wonder, What amount of drugs is considered trafficking?. Im out. Thats fine, but to really take advantage of this defense you have to communicate that to either law enforcement, or make it clear to everybody else in the conspiracy. So, even if an individual doesnt have drugs on them, they can still face drug crime charges. Macon, Georgia 31202-1702, Macon: 478-752-3511 Furthermore, possession of larger quantities of certain types of drugs (such as cocaine, opium, heroin, marijuana, and methamphetamine, to name a few) allows the presumption that the drugs were being trafficked which comes with much harsher punishment. On the way back from purchasing heroin from Duffy on February 20, 2019, Summerfords van was stopped and the heroin was seized. If you or someone you know is facing a charge like this, I hope this has answered some of your questions. We have successfully represented clients in serious criminal cases across the United States. Drug trafficking is a serious criminal offense, and although incidents are usually not as widespread as the recent bust of the alleged Mexico-based cartel, these types of cases are some of the most complexes. In the courtroom theres no doubt that they are accomplished masterful attorneys who represented my son being accused of a criminal crime he did not commit. To put it another way, the officer must have a particularized and objective basis for suspecting the person of criminal activity. Secure .gov websites use HTTPSA lock ( 16-13-31(a), Trafficking marijuana: O.C.G.A. 16-13-31(e), Trafficking morphine, opium,or heroin: O.C.G.A. In many consent cases, an officer will exceed the scope of the drivers consent. . Secure .gov websites use HTTPS Call us or complete the form below. So its lack of predisposition, and its that second thing, the government conduct. If you are charged with trafficking marijuana in Georgia, and the amount seized was somewhere between 10 pounds and 2,000 pounds, it is a mandatory minimum sentence of five years and a $100,000 fine. Because this analysis is subject to change depending upon recent cases and legal developments, you should not rely on this summary as legal advice. Their dedication and complete commitment to their client is beyond reproach. One of the most powerful tools a criminal defense lawyer has in a drug trafficking or possession case is the motion to suppress evidence. This affidavit is then submitted to the judge for his or her consideration. Trafficking methamphetamine can also have serious consequences and penalties. The government does not have to show that a person actually sold drugs. Many Georgia drug trafficking cases originate on the highways. As a general rule, probable cause is determined by the totality of the circumstances. Tawana Daniels, 40, of Fairburn, Ga., charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana; Possession of a Firearm in Furtherance of a Drug Trafficking Crime; and Possession of a Firearm by a Convicted Felon. Marshals Service, and prosecuted for the United States by Southern District of Georgia Assistant U.S. If you have been charged with a serious drug offense in Atlanta, or anywhere else in Georgia, it is imperative that you retain an aggressive Atlanta criminal defense attorney experienced in filing and arguing motions to suppress evidence. Antoine Riley, 44, of Warner Robins, is charged with one count of possession of a firearm in furtherance of a drug trafficking crime, one count of possession of a firearm by a previously convicted felon, one count of conspiracy to distribute controlled substances, one count of distribution of cocaine base, one count of possession of cocaine with intent to distribute and one count of possession of cocaine base with intent to distribute; Antonio Raines, 37, of Warner Robins, is charged with one count of possession of a firearm in furtherance of a drug trafficking crime, one count of conspiracy to distribute controlled substances, one count of distribution of cocaine base and one count of possession of methamphetamine with intent to distribute; Latanya Williams, 39, of Warner Robins, is charged with one count of possession of a firearm in furtherance of a drug trafficking crime, one count of conspiracy to distribute controlled substances, one count of possession of cocaine with intent to distribute and one count of possession of cocaine base with intent to distribute; Brittany Smith, 28, of Warner Robins, is charged with one count of possession of a firearm in furtherance of a drug trafficking crime, one count of conspiracy to distribute controlled substances and one count of possession of methamphetamine with intent to distribute; Emanuel Ivey, 35, of Warner Robins, is charged with one count of possession of a firearm in furtherance of a drug trafficking crime, one count of conspiracy to distribute controlled substances and one count of possession of cocaine with intent to distribute; Armard Davis, 42, of Warner Robins, is charged with one count of conspiracy to distribute controlled substances and one count of possession of methamphetamine with intent to distribute; Joseph Day, 48, of Warner Robins, is charged with one count of conspiracy to distribute controlled substances and one count of distribution of cocaine base; Desmond Griffin, 29, of Warner Robins, is charged with one count of conspiracy to distribute controlled substances and one count of distribution of cocaine base; and. This case is an Organized Crime Drug Enforcement Task Force (OCDETF) investigation conductedby Drug Enforcement Administration (DEA), Federal Bureau of Investigation (FBI), Bureau of Alcohol, Tobacco, Firearms, & Explosives (ATF), United States Marshals Service (USMS), the Monroe County Sherriffs Office, the Bibb County Sherriffs Office, and the Warner Robins Police Department. Georgia drug trafficking laws regulate the manufacture, distribution, delivery, and sale of controlled substances. Under Georgia law O.C.G.A. A person convicted of manufacturing, delivering, distributing, selling or possessing with intent to distribute a Schedule I or Schedule II drug may be punishment by 5 to 30 years imprisonment if it is the persons first offense. As a general matter, possession of less than 1 ounce of marijuana is a misdemeanor (O.C.G.A. When law enforcement seizes a significant quantity of drugs, its typically the result of a search involving an individuals home or automobile. Call us or complete the form below. Toombs County residents can take comfort in these two sentences, and many more to follow, that will keep this predatory gang off their streets.. The operation is being investigated by the U.S. Drug Enforcement Administration, the FBI, the Georgia Bureau of Investigation, the Bibb County Sheriff's Office Narcotics Unit, the Peach County Sheriff's Office, the Braselton Police Department and the Union City Police Department, with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives and the U.S. What usually happens in a Georgia criminal case? The amount of cocaine chosen as the dividing line between possession and trafficking is 28 grams. A West Liberty-are man sentenced to prison for drug trafficking was among the cases handled recently in Logan County Common Pleas Court. In another situation, another wiretap case, the government had probable cause to get the wiretap but they didnt follow the specific requirements of the statute. On February 22, 2019, pursuant to a valid federal search warrant, law enforcement searched Duffys narcotics sales location at his Sandy Springs home. Have a question about Government Services? "Today, the Justice Department has taken several significant enforcement actions to disrupt large-scale illegal gun and drug . Those numbers go up with every amount over 200 grams. The State may also introduce the search warrant into evidence along with any other evidence it deems to be relevant. 2022 by The Church Law Firm LLC. The drugs were hidden in such items as childrens backpacks and baby-formula bottles. 16-13-31 and O.C.G.A. Therefore, you should know what the various categories are and the penalties for each. If the search is characterized as an inventory search, the state must establish (among other things) that the search was conducted in accordance with that police departments policies regarding impounding vehicles and that the search was not simply a fishing expedition to find possible contraband. Se Habla Espaol, 101 Marietta Street NWSuite 3300Atlanta, GA 30303(404) 223-3310, 2022 by The Church Law Firm LLC. The following co-defendants have previously pleaded guilty for their crimes in federal court and have been sentenced for their crimes: Chad Bresach, 38, of Eatonton, Georgia, pleaded guilty to one count distribution of heroin. 16-13-31 (c), a person commits the offense of Trafficking in Marijuana when he or she sells, manufactures, grows, delivers, brings into this state, or has possession of a quantity of marijuana exceeding ten pounds. For instance, a court may suppress cocaine found under a floorboard in a home where the search warrant only called for the seizure of an individuals personal computer. Our lawyers are licensed to practice in all state and federal courts in Georgia. Because of the absurdly high mandatory minimum sentences for trafficking, your sentence could be substantially higher than it would be if the case were in federal court. A .gov website belongs to an official government organization in the United States. What is drug trafficking? So lets say they go to trial. The operation, which started in mid-2019, targeted sources of illegal drugs brought into and distributed in the Macon area, and led to a series of searches in which large amounts of cocaine, crack cocaine, oxycodone, and marijuana were seized, along with nearly $97,000 in cash, a machine for pressing kilo-sized bricks of cocaine, money counters, scales, and drug packaging materials. A locked padlock Because there is a larger amount of drugs involved in a trafficking case, drug trafficking charges can carry serious mandatory minimum prison sentences that usually increase with the quantity of the drugs. Arthur Anderson, 57, of Macon, pleaded guilty to one count use of a communication facility to facilitate a drug trafficking offense. There are defenses, and there are several that we have used effectively in court when were representing someone charged in a drug conspiracy case. charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana. Attorneys Joseph McCool. As described in the recently unsealed indictment, each of the 12 defendants is charged with Conspiracy to Possess with Intent to Distribute and to Distribute Controlled Substances, including 5 kilograms or more of cocaine; 28 grams or more of crack cocaine; and a quantity of marijuana. Drug trafficking is a serious criminal charge based on certain quantities of illegal drugs. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Serving clients across the United States In the first one, they didnt have enough probable cause to get the wiretap. Assistant U.S. Attorney Alex Kalim is prosecuting the case. The government stepped in and said, Youre prescribing too much medication. MACON, Ga. Nine individuals were taken into custody today and are facing federal charges from an Organized Crime Drug Enforcement Task Force (OCDETF) investigation ledby the Drug Enforcement Administration (DEA) into a group of alleged drug traffickers in Houston and Bibb Counties. A criminal defense lawyer will have the opportunity to cross-examine the arresting or searching officer, call any witnesses of his own, and tender evidence into the record for the courts consideration. In most states, the case has to involve more than several pounds of marijuana or an ounce or more of harder drugs (like cocaine, methamphetamine, ecstasy, LSD, etc.) They kept on after the person. 2.79 tons of liquid heroin from a lorry that entered Georgia from Azerbaijan. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Serving clients across the United States The indictments come after a two-year-long investigation titled "Operation Ghost Busted," which looked into gang-related drug trafficking plaguing the Brunswick, . On a number of occasions, co-defendants Summerford, Black and Patrick Dews would travel to metro-Atlanta to purchase heroin from Duffy, generally 142 grams on each trip enough heroin to provide more than 1,000 doses. They tried to sell me drugs. However, the quantity of marijuana being trafficked impacts the penalties, and even affects parole guidelines. Similarly, these numbers will also go up for every amount over 2,000 pounds. Will it apply in my case? There are several viable defenses available to a person charged with drug possession. Trafficking generally includes allegations that an individual possesses, sells, distributes or manufactures a large amount of illegal drugs. The first element is that there is an agreement to violate the drug laws, and that sounds pretty simple. We represent clients in Atlanta and throughout the state of Georgia. If you are charged with trafficking cocaine, that is not merely a slap on the wrist. We will contact you as soon as possible if we are able to help. There is no parole in the federal system. Look no further then Page Pate and Jess Johnson if you want the best trial lawyers to represent you! A person convicted of possessing a drug in Schedule III, IV, or V may be imprisoned for 1 to 5 years. The difference between drug trafficking and other drug crimes-such as possession of drugs, distribution of drugs or drug production-is the number of drugs implicated in the offense. Under Georgia law, it is illegal to possess, manufacture, deliver, distribute or possess with intent to distribute any controlled substance (O.C.G.A. Justin Adams, a/k/a Ace, 40, of Vidalia, and Andre Jackson, a/k/a Dre, 31, of Vidalia, were sentenced by U.S. District Court Judge R. Stan Baker, said Acting U.S. Attorney David H. Estes. They tried to get me involved in this conspiracy. The entrapment defense is a very effective defense when its used the right way and by a lawyer who knows what he or she is doing. If the government can prove both of these things then they can charge someone with a drug conspiracy. That means the State of Georgia applies a federal mandatory minimum sentence when it comes to drug crimes. Finally, challenging an unlawful search or a wiretap. According to the ministry, at the time, that was the largest amount of drugs seized in Georgia. So there was no unlawful agreement. DEFINITION OF TRAFFICKING MARIJUANA. The operation is being investigated by the U.S. Drug Enforcement Administration, the FBI, the Georgia Bureau of Investigation, the Bibb County Sheriffs Office Narcotics Unit, the Peach County Sheriffs Office, the Braselton Police Department and the Union City Police Department, with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives and the U.S. As long as theres an agreement between two or more people to do something that violates the federal drug laws, the government can prove that first element. ) or https:// means youve safely connected to the .gov website. If the quantity of marijuana is is more than 10 pounds but less than 2,000 pounds, a person faces a mandatory minimum 5 years imprisonment and a $50,000.00 fine. They have evidence that an individual is involved in the drug business, but they have charged him with a bunch of people that he didnt know. Probable cause to search an automobile exists when the facts and circumstances would lead a reasonably discreet and prudent man to believe that the contents of the vehicle offend the law. In 2014, the Ministry of Internal Affairs seized approx. There is very little difference between a trafficking charge and the lesser charge of O.C.G.A 16-13-30 (j) "Purchase, possession, manufacture, distribution, or sale of controlled substances or marijuana . Duffy admitted that he conspired with others to possess with intent to distribute between one and three kilograms of heroin, or enough heroin to provide more than 10,000-30,000 doses, from December 2018 to February 2019. For 14 to 28 grams, you can receive a sentence of ten years and a fine of $100,000. Law enforcement also may not unreasonably prolong a traffic stop beyond the time required to fulfill the purpose of the stop (which is usually the time it takes to issue a citation). The U.S. Attorneys Office for the Middle District of Georgia is recused from the case, which is being prosecuted by the Southern District. For 200 to 400 grams, the sentence is a minimum of 15 years with a fine of $300,000. An official website of the United States government. Perhaps they made a call and suggested a drug deal, and he turned them down but they came back again. Extra to the new charges against these suspected child rapists who frequently hashtagged their social media posts #gayfamily," there are now indications they may have trafficked the young boys to fellow pedophiles. In most states, such as Georgia, in order to be charged with drug trafficking, the case must involve more than several pounds of marijuana or an ounce or more . The government does not have to show that there is some sort of formal agreement, or contract, or anything like that. A drug crimes attorney can help explain your options and offer advocacy and representation when you have been charged with being involved in a drug operation. Situations often arise where a driver of an automobile is taken into custody for a traffic infraction such as driving with a suspended license or DUI. When trying to obtain a search warrant, law enforcement must prepare a supporting affidavit setting forth all relevant facts. So he had no knowledge of the agreement, and the jury found him not guilty of all charges. The OCDETF case was investigated by the ATF, the DEA, the FBI, the GBI, the Georgia Department of Community Supervision, the Toombs County Sheriffs Office, the Lyons Police Department, the Oconee Drug Task Force, and the Liberty County Sheriffs Office, and is being prosecuted for the United States by Assistant U.S. There is no parole in the federal system. Including Adams, Jackson, and Toussaint, 22 of the 26 defendants have entered guilty pleas; 12 of them have been sentenced, with terms of up to 141 months in prison. Manufacture means the production, preparation, compounding, conversion, or processing of a controlled substance by extracting components of a substances natural origin or by chemical synthesis. An official website of the United States government. The person being charged, while there may be an agreement, he doesnt know about it. Read aboutour firms successin Georgia criminal cases. The lawfulness of such a search depends heavily on how the search is characterized. Final Defendant Sentenced in Gang-Related South Georgia Meth-Trafficking Conspiracy Drug Enforcement Administration Robert J. Murphy, Jr. Special Agent in Charge Atlanta @DEAAtlantaDiv January 05, 2023 Contact: SA Crystal Harper Phone Number: (571) 362-3433 For Immediate Release An official website of the United States government. This was a difficult case but due to the superb work of Page and Jess the charges were dropped. If you are convicted of 400 grams or more, you face a prison sentence of 25 to 30 years and a $1,000,000 fine. The first obvious defense is that theres no unlawful agreement. During December 2018 and January 2019, Duffy sold heroin from a trap house located in an Atlanta apartment. You know, The government came after me. Lock Due to the superb work of Page and Jess, the charges were dropped. Second, the sentencing court may use its own discretion to depart from a mandatory minimum sentence if the defendant was not a leader in the drug operation, if the defendant did not possess a weapon, the criminal conduct did not result in a death or serious bodily injury, the defendant has no prior felonies, and the interests of justice will not be served by applying the mandatory minimum sentence. A total of 60 felony counts are alleged in the indictment. At some point after the arraignment the State will provide the defendants lawyer with the discovery in the case. When the government charges someone, they draft an indictment, and thats agreed to by the grand jury, and then the government is stuck with that document. Some legal substances may also lead to a charge of drug trafficking if enough of the substance is found and suspected that it's being used in a way that is . For example, for cocaine, as little as 28 grams or a mixture that is at least ten percent cocaine can result in serious consequences. Now notice whats missing here. Both defendants will serve well-deserved time in prison., These sentences represent significant milestones in the prosecution of Operation Ace in the Hole, a multi-agency investigation disrupting a major source of illegal drugs and guns in the greater Toombs County area, said Acting U.S. Attorney Estes. If you are convicted of moving 10,000 pounds or more, you face a sentence of at least fifteen years and a fine of million dollars ($1,000,000). Let our team of Newnan drug trafficking lawyers help you through this difficult time. This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justices violent crime reduction efforts. Albany: 229-430-7754 And then once the government realized that, they dismissed the case. The following were arrested: Grayling Coley, age 26, of Cordele, Georgia was charged with: Two counts of Trafficking Heroin Two counts of Trafficking Methamphetamine One count of Distribution of Heroin One count of Possession of methamphetamine with the intent to distribute One count of Possession of cocaine with the intent to distribute It is a Schedule I drug, considered the most dangerous with no medicinal value. In drug possession cases, especially marijuana possession, proving the substance was illegal and establishing legal possession are the two biggest issues. Lock Search for jobs related to Georgia drug trafficking cases or hire on the world's largest freelancing marketplace with 21m+ jobs. Punishment for possessing or distributing Schedule I drugs is the most severe. watch thisvideo. The drug trafficking penalty in Georgia may even include a mandatory minimum penalty of 25 years in prison along with a fine of 1 million dollars. They are dangerous and threaten the safety of our communities. Its just a general understanding or plan between two or more people to do something that violates the federal drug laws. They dont have to show that a person even had drugs. To avoid accidentally committing a crime, it is wise to learn as much as you can about the drug trafficking laws in Georgia. A lock ( Secure .gov websites use HTTPSA lock ( Its just this agreement, and then knowing about the agreement, saying, I wanna be a part of it. The person can drive a car and be part of a drug conspiracy. To avoid the most serious penalties, hiring an experienced legal representative may be critical when you face a serious felony charge. A lock ( Dews was sentenced to serve 48 months in prison to be followed by one year of supervised release on March 3, 2021; Patrick Dews, 34, of Macon, pleaded guilty to one count use of a communication facility to facilitate a drug trafficking offense. At the conclusion of the hearing, the State and the defense will argue why the drugs should be suppressed under the Fourth Amendment or a specific Georgia statute.

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