georgia drug trafficking cases

The State may also introduce the search warrant into evidence along with any other evidence it deems to be relevant. 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 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. I represented a pilot who had a charter airline service. Or, in other words, either actual or constructive possession will be enough to establish the possession needed to support a drug trafficking charge. We will forever be grateful to them for all their hard work, compassion and dedication. Anderson faces a maximum sentence of four years in prison to be followed by three years of supervised release and a $250,000 fine. Toombs County residents can take comfort in these two sentences, and many more to follow, that will keep this predatory gang off their streets.. 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. Weve been able to throw out two cases based on improper wiretaps. A West Liberty-are man sentenced to prison for drug trafficking was among the cases handled recently in Logan County Common Pleas Court. 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. 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. 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. Watch thisvideo. They dont have to show that a person even had drugs. This field is for validation purposes and should be left unchanged. Investigators also seized 39 illegally possessed firearms, ranging from pistols and shotguns to assault-style rifles. According to the ministry, at the time, that was the largest amount of drugs seized in Georgia. 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. Discovery usually consists of police reports, drug lab reports, search warrants, arrest warrants, witness statements, and any video or audio recordings. Wade Watkins: Count 1- Trafficking Methamphetamine, 400 Grams or More (Conspiracy) Prison Empire: 2019-GS-47-23 (Pickens County) Count 1: Trafficking Methamphetamine, 400 Grams or More (Conspiracy) 2.79 tons of liquid heroin from a lorry that entered Georgia from Azerbaijan. 16-13-31(e), Trafficking morphine, opium,or heroin: O.C.G.A. Will it apply in my case? Albany: 229-430-7754 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). 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. 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 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. One way this may occur is when law enforcement exceeds the scope of the search warrant. He had been flying two folks from the Mexican border to Atlanta back and forth many times. If you have those two elements, then you have an entrapment defense, and its a very effective defense in trial. A person who purchases or possesses a non-narcotic Schedule II drug can be punished by imprisonment for 1-3 years (if less than 2 grams), 1-8 years (if more than 2 grams but less than 4 grams), or for 1-15 years (if more than 4 grams but less than 28 grams). They are dangerous and threaten the safety of our communities, said Vic Reynolds, Director of the GBI. 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. Share sensitive information only on official, secure websites. Therefore, you should know what the various categories are and the penalties for each. The punishment for trafficking or distributing drugs in any of these schedules is 1 to 10 years imprisonment. Drug trafficking charges in Georgia are a felony. August 2010 - Atlanta man, Marlon . 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. During December 2018 and January 2019, Duffy sold heroin from a trap house located in an Atlanta apartment. watch thisvideo. 16-13-31). 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. However, for small amounts of marijuana, or if your trafficking case is reduced to possession, you may be able to get your charges reduced to a misdemeanor. Ive been representing people in federal court over the past 20 years, and Ive handled a lot of federal drug conspiracy cases. A person convicted of possessing a drug in Schedule III, IV, or V may be imprisoned for 1 to 5 years. 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. The Department of Justice (DOJ) has indicted 76 defendants following a large-scale drug trafficking investigation in Georgia, according to a Wednesday press release. An official website of the United States government. The judge may also impose non-monetary restrictions (house arrest, no contact provisions, GPS ankle monitor, curfew, etc . 16-13-30). 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. Although all trafficking charges are somewhat dependent on the amount involved, according to the Georgia marijuana law, the amounts that result in significant penalties are much larger than other drugs. A lock ( Those numbers go up with every amount over 200 grams. Secure .gov websites use HTTPS 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. There is no parole in the federal system. Jan 17, 2023. 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. We get a lot of questions about the entrapment defense. Want to know how we win appeals in Georgia criminal cases? Finally, challenging an unlawful search or a wiretap. This was a difficult case but due to the superb work of Page and Jess the charges were dropped. This guide covers the basics of these laws and the penalties if someone violates them. They can make a few phone calls and be part of a drug conspiracy. So there was no unlawful agreement. So its lack of predisposition, and its that second thing, the government conduct. The Albany Herald, Ga. Dec. 7MACON A career offender with a violent criminal history who participated in a middle Georgia drug trafficking network responsible for distributing approximately 16 kilograms of methamphetamine has been sentenced to serve 20 years in federal prison resulting from an Organized Crime Drug Enforcement Task Forces investigation centered in Warner Robins. ) or https:// means youve safely connected to the .gov website. Lock An official website of the United States government. 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. 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. 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. Somebodys house was searched, somebodys car was searched, a storage shed, a business. 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. He was simply told that what was in the duffel bags had to do with their work, was never given any indication that those duffel bags contained drugs. Attorneys Joseph McCool. 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. As experienced trial attorneys, we are also not afraid to take your case to trial if necessary. Initial appearances for the defendants occurred today before U.S. Magistrate Judge Charles H. Weigle. It will serve as a multi-jurisdictional drug enforcement agency controlled by Georgia Bureau of Investigation. 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. Marietta Office Suites 55 Atlanta St. 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. 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. 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 is a significant problem in Georgia because it is one of the top five states for illegal drug use. Disclaimer|Sitemap. And then when they would distribute it in Atlanta, they would load it back up with cash, take it back to the Mexican border. 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. 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. So I thought it might be helpful to talk about the basics. In drug possession cases, especially marijuana possession, proving the substance was illegal and establishing legal possession are the two biggest issues. 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Serving clients across 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. We will contact you as soon as possible if we are able to help. 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. 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. The person being charged, while there may be an agreement, he doesnt know about it. 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. 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. To avoid accidentally committing a crime, it is wise to learn as much as you can about the drug trafficking laws in Georgia. 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 . There are several factors involved. They had nothing to do with drugs until the government came along, either an undercover agent or an informant, and they went after this individual and tried to convince them to get involved. 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. Defending Georgia Drug Trafficking Cases by Winning Motions to Suppress Evidence. It's free to sign up and bid on jobs. These are some defenses. An individuals home receives greater protection under our Constitution than automobiles. Attorneys Noah J. Abrams and OCDETF Coordinator Marcela C. Mateo. 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. Anyone charged with drug trafficking in Georgia will need a good criminal defense attorney to help navigate the process. The first obvious defense is that theres no unlawful agreement. On February 22, 2019, pursuant to a valid federal search warrant, law enforcement searched Duffys narcotics sales location at his Sandy Springs home. Under Georgia law, it is illegal to possess, manufacture, deliver, distribute or possess with intent to distribute any controlled substance (O.C.G.A. 16-13-2). Official websites use .gov 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. All rights reserved. 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. Michael Duffy, 43, of Sandy Springs, Georgia, pleaded guilty to one count conspiracy to possess with intent to distribute heroin on Thursday, May 20. All rights reserved. SE, Suite #417 Marietta, GA 30060, Title 16 Crimes and Offenses Chapter 13 Controlled Substances, Trafficking cocaine: O.C.G.A. 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). 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. All rights reserved. A .gov website belongs to an official government organization in the United States. 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. 16-13-31(c), Trafficking methamphetamine: O.C.G.A. For the first offense of Schedule I and Schedule II, which are considered the most dangerous drugs, you face between five and 30 years in prison, depending on the substance involved. 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. 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. Columbus: 706-649-7700. A driver who exhibits nervousness, however, is generally not enough to establish probable cause. You can also be charged with trafficking if you bring a large enough amount of a controlled substance from another country or state. We have successfully represented clients in serious criminal cases across the United States. Understanding whats going on, they say, Hey, I wanna be a part of this. Now thats it, just those two elements. 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. In these cases, the judge has limited discretion in imposing a sentence and often cant sentence you to a lesser penalty than the mandatory minimum if you are convicted, despite the circumstances of the crime. It is also possible for a search warrant to be valid but the resulting search to be nonetheless unlawful. Share sensitive information only on official, secure websites. As with any important legal question, you should always consult aGeorgia criminal defense lawyerlicensed to practice in your jurisdiction. It is not uncommon for officers to then search the vehicle for contraband. If that is the case, you can work with our law firm, and we can build a defense to help you get a . 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. 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