Se Habla Espaol, 101 Marietta Street NWSuite 3300Atlanta, GA 30303(404) 223-3310, 2022 by The Church Law Firm LLC. The stop cannot be arbitrary or harassing. 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. 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. 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. You need to consider that in almost any drug case theres usually going to be a search. 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 There are defenses, and there are several that we have used effectively in court when were representing someone charged in a drug conspiracy case. Will it apply in my case? 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. 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. Official websites use .gov Punishment for possessing or distributing Schedule I drugs is the most severe. March 10, 2009 - Regional drug-fighting hub opens in Carrollton. Two homes alleged to have been involved as locations for drug storage or distribution also are subject to forfeiture proceedings in the indictment. Domestic Cannabis Suppression / Eradication Program, Red Ribbon Toolkit - Resources For Your Community, DEA National Prescription Drug Take Back Day, Intelligence Research Specialist Job Announcements, Schedule A Hiring Authority: Intelligence Research Specialist, Privacy Impact Assessment and Management Information Systems, Victim Witness Assistance Program Resources. Again, a federal judge threw out those wiretaps and we were able to resolve the case. Adams, a regional leader in the Gangster Disciples criminal street gang, was sentenced as an armed career criminal after pleading guilty to Distribution of Cocaine and Possession of a Firearm by a Convicted Felon. For example, for cocaine, as little as 28 grams or a mixture that is at least ten percent cocaine can result in serious consequences. Their dedication and complete commitment to their client is beyond reproach. The penalties for drug trafficking vary depending on the type of drug, the weight of the drugs, and whether it was a first or repeated offense. If you are convicted of 400 grams or more, you face a minimum prison sentence of 25 years and a $1,000,000 fine. The Supreme Court has carved out an exception to the warrant requirement known as the automobile exception. Let our team of Newnan drug trafficking lawyers help you through this difficult time. On the other hand, constructive possession means the individual has the illegal substances in an area where they have dominion or control over them. 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. If you live in the state of Georgia, you are probably familiar with many of the controlled substance regulations, but if you are visiting or passing through, you should have a basic understanding of the Georgia drug trafficking laws. Our firm has offices inAtlanta GA and Brunswick GA, and we frequently travel to other courts across the state to represent people in serious criminal cases. All rights reserved. Third, the sentencing court may depart where the District Attorney and the defendant have agreed to a sentence that is below a mandatory minimum sentence. All rights reserved. watch thisvideo. 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. 16-13-31(b). 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. The Macon area is much safer because of this operation., This operation demonstrates the hard work and dedication of federal, state, and local law enforcement professionals in interdicting and disrupting the channels of illegal drug distribution in our communities, said Acting U.S. Attorney Estes. Lock The DEA encourages parents, along with their children, to educate themselves about the dangers of legal and illegal drugs by visiting DEAs interactive websites at www.justhinktwice.com, www.GetSmartAboutDrugs.com, www.campusdrugprevention.org and www.dea.gov. During the search, a Kel-Tec 9mm pistol, 9mm and .40 caliber ammunition, a bag containing small drug baggies and a quantity of suspected narcotics were seized. All rights reserved. They tried to sell me drugs. It's free to sign up and bid on jobs. 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 . The community is much safer with these defendants behind bars., Illegal guns and drugs have no place in Georgia. Michael Duffy, 43, of Sandy Springs, Georgia, pleaded guilty to one count conspiracy to possess with intent to distribute heroin on Thursday, May 20. 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. If a defendant fails to file a motion to suppress evidence within this timeframe, he or she may waive the right to challenge the lawfulness of the search that led to the discovery of the contraband. If convicted of trafficking in Georgia of 200 grams or more but less than 400 grams, then the punishment range increases. In June 2019, investigators executed search warrants at eight houses used for stashing or distributing narcotics in Atlanta and Vidalia, seizing more than two kilos of cocaine, four kilos of marijuana, half a kilo of methamphetamine, more than two kilos of MDMA, pints of Codeine, 600 grams of Xanax, pill presses, and surveillance equipment. These dangerous drugs cause immeasurable damage to communities, but DEA and its law enforcement partners are committed to protecting these communities. Search for jobs related to Georgia drug trafficking cases or hire on the world's largest freelancing marketplace with 21m+ jobs. The difference between possession or selling methamphetamine from trafficking methamphetamine is the amount of drugs. If the officer then finds contraband hidden behind an air vent in the front compartment, a court would likely suppress the contraband as the officer exceeded the scope of the drivers consent. Bibb County Sheriff David J. Davis said, This case illustrates the continued commitment of Bibb Investigators and our local and federal partners to rid our streets of dangerous drugs and illegal firearms. If the search was done incident to the arrest, the officer must have had a reason to believe that there was evidence in the vehicle relating to the crime for which the driver was arrested. If successful, a motion to suppress evidence will usually result in the dismissal of all drug charges well before trial. Williams was in possession of approximately one ounce of methamphetamine and arrested. For example, if your charge of trafficking can be negotiated to a charge of drug possession, it may drop from a felony to a misdemeanor. There is no requirement that the person actually has to handle any drugs. The punishment for a controlled substance offense depends on whether the drug was only possessed or if it was manufactured or distributed, type of substance, and the weight of the substance. 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. ) or https:// means youve safely connected to the .gov website. 16-13-2). Those numbers go up with every amount over 200 grams. Macon, Georgia 31202-1702, Macon: 478-752-3511 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. By Page Pate. Albany: 229-430-7754 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. I didnt go after them. 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. 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. 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. Drug trafficking laws in Georgia impose mandatory federal minimum sentences if convicted of this crime. 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. 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. By removing the most serious charges, you may be able to avoid the harshest sentences. 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. We will contact you as soon as possible if we are able to help. If you are convicted of trafficking marijuana, you may receive a sentence of five years and a fine of $100,000 for 10 to 2,000 pounds. 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. Help locate the three that are still wanted . According to Georgia law, selling drugs or trafficking a controlled substance can result in expensive drug charges that require substantial assistance. When trying to obtain a search warrant, law enforcement must prepare a supporting affidavit setting forth all relevant facts. If you or someone you know is facing a charge like this, I hope this has answered some of your questions. An experienced attorney may be able to get the prosecutor to consent to a bond in the case if you have ties to the community and meet the above factors. That means the State of Georgia applies a federal mandatory minimum sentence when it comes to drug crimes. Attorneys Noah J . ) or https:// means youve safely connected to the .gov website. 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. 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. charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana. 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. To put it another way, the officer must have a particularized and objective basis for suspecting the person of criminal activity. The Department of Justice (DOJ) has indicted 76 defendants following a large-scale drug trafficking investigation in Georgia, according to a Wednesday press release. 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. Domestic Cannabis Suppression / Eradication Program, Red Ribbon Toolkit - Resources For Your Community, DEA National Prescription Drug Take Back Day, Intelligence Research Specialist Job Announcements, Schedule A Hiring Authority: Intelligence Research Specialist, Privacy Impact Assessment and Management Information Systems, Victim Witness Assistance Program Resources. And then when they would distribute it in Atlanta, they would load it back up with cash, take it back to the Mexican border. POMEROY The Meigs County Sheriff's Department made two arrests in regards to the trafficking of illegal narcotics Sunday evening. Its just a general understanding or plan between two or more people to do something that violates the federal drug laws. As announced in a Jan. 11, 2023, multi-agency news conference held at Glynn County Police Department Headquarters [] SE, Suite #417 Marietta, GA 30060, Title 16 Crimes and Offenses Chapter 13 Controlled Substances, Trafficking cocaine: O.C.G.A. Assistant U.S. Attorney Alex Kalim is prosecuting the case. 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. Those trips that were confirmed using interceptions and/or surveillance. Columbus: 706-649-7700. Toussaint is among seven defendants awaiting sentencing, while three defendants are awaiting trial. In some cases, the government will have a warrant, in some cases they wont. What is drug trafficking? If the quantity is greater than 28 grams but less than 200 grams the person shall be sentenced to a mandatory minimum prison sentence of 10 years and pay a fine of $200,000. The indictments come after a two-year-long investigation titled "Operation Ghost Busted," which looked into gang-related drug trafficking plaguing the Brunswick, . The judge may also impose non-monetary restrictions (house arrest, no contact provisions, GPS ankle monitor, curfew, etc . MACON, GA - Twelve defendants have been charged in a newly unsealed federal indictment alleging a middle Georgia drug trafficking conspiracy. All rights reserved. ) or https:// means youve safely connected to the .gov website. This field is for validation purposes and should be left unchanged. In order to convict somebody in federal court of a drug conspiracy charge, the government has to prove two elements. If you need the best, then hire the best! Also follow DEA Atlanta via Twitter at @DEAATLANTADiv. Anyone charged with drug trafficking in Georgia will need a good criminal defense attorney to help navigate the process. If you are facing drug trafficking charges, a felony lawyer is a wise choice to ensure you receive no more than the mandatory minimum sentences in sentencing court or your case is dismissed. In the first one, they didnt have enough probable cause to get the wiretap. Weve been able to throw out two cases based on improper wiretaps. Secure .gov websites use HTTPSA lock ( So its lack of predisposition, and its that second thing, the government conduct. 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. 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. What is Drug Trafficking? 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. Marietta Office Suites 55 Atlanta St. But the government also has to show a second element that the person, the person being charged in this case, knows about the agreement and joins in the agreement. There is no parole in the federal system. But he realized down the road he did not wanna be a part of this, and so he said, Look, you know, Im done with this. If, for example, law enforcement detained a driver accused of speeding for an hour simply to wait on the arrival of a drug sniffing dog, the court would likely find such prolonged detention to be unlawful. The investigation culminated in a sealed, 61-count federal indictment returned in January 2020 with 26 defendants charged. In 2014, the Ministry of Internal Affairs seized approx. On February 22, 2019, pursuant to a valid federal search warrant, law enforcement searched Duffys narcotics sales location at his Sandy Springs home. A lock ( A few common defenses include: The information provided above is a very general summary of Georgia drug trafficking and possession law at the time this text was prepared. You can also be charged with trafficking if you bring a large enough amount of a controlled substance from another country or state. If the search was conducted pursuant to a warrant, there are three primary ways to attack the lawfulness of the search. The lawfulness of such a search depends heavily on how the search is characterized. They can make a few phone calls and be part of a drug conspiracy. The U.S. Attorneys Office for the Middle District of Georgia is recused from the case, which is being prosecuted by the Southern District. A controlled substance is a drug, an immediate precursor or essential compound used to make a drug, or marijuana. Macon, Georgia 31202-1702, Macon: 478-752-3511 For any offense after that, you can expect to receive between 10 and 40 years to life in prison. The government stepped in and said, Youre prescribing too much medication. 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. The only exceptions to this rule are if the home owner gives consent to the search or if exigent circumstances (some immediate emergency requiring swift action) exist. He was simply prescribing medicine for his patients, and he was acting within the legitimate medical practice and what his license allowed. Disclaimer|Sitemap, Page Pate explains what happens in a federal criminal case Attorney Page Pate explains what happe, The Maritime Drug Law Enforcement Act (MDLEA) is a series of federal laws that allow the United, Accountability courts and pretrial diversion allow some people that have been charged with a fede, Earlier this week, a federal district court judge in Atlanta, Georgia sentenced our client to ti, Since the First Step Act of 2018 became law, thousands of federal inmates have been released earl, Investigators in at least one state have sought and received court authorization to wiretap commu. Post Office Box 1702 This affidavit is then submitted to the judge for his or her consideration. March 25, 2009 - Carrollton man and two truck drivers from San Antonio, TX arrested for trafficking in 740 pounds of marijuana. According to Georgia Code 16-13-31 and 16-13-31.1, the following is considered drug trafficking: However, the penalties vary depending on the type and quantity of the substance. Many Georgia drug trafficking cases originate on the highways. August 2010 - Atlanta man, Marlon . 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. Lock 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. A traffic stop is only lawful where the officer had reasonable grounds based on specific and articulable facts for making the stop. What usually happens in a Georgia criminal case? So I thought it might be helpful to talk about the basics. A criminal defense lawyer may also challenge the lawfulness of the traffic stop itself. Bresach was sentenced to serve 84 months in prison to run consecutively to any term of imprisonment imposed in Peach County, Jones County, Putnam County and Houston County Superior Courts to be followed by three years of supervised release on March 3, 2021; Reginald Summerford, 49, of Macon, pleaded guilty to one count conspiracy to possess with intent to distribute heroin. Well, if its this broad, you wonder, Are there any defenses to it? Because it is very broad under federal law. According to the ministry, at the time, that was the largest amount of drugs seized in Georgia. For this quantity of cocaine the minimum prison sentence is 15 . Se Habla Espaol, 101 Marietta Street NWSuite 3300Atlanta, GA 30303(404) 223-3310, 2022 by The Church Law Firm LLC. As a general rule, probable cause is determined by the totality of the circumstances. That can be importing drugs, it can be distributing drugs, it can be possessing drugs with the intent to distribute. To avoid accidentally committing a crime, it is wise to learn as much as you can about the drug trafficking laws in Georgia. 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. 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