Furthermore, for larger quantities of certain types of drugs, a person may also be charged with drug trafficking (O.C.G.A. Punishment for possessing or distributing Schedule I drugs is the most severe. 2022 by The Church Law Firm LLC. If convicted of trafficking in Georgia of 200 grams or more but less than 400 grams, then the punishment range increases. Se Habla Espaol, 101 Marietta Street NWSuite 3300Atlanta, GA 30303(404) 223-3310, 2022 by The Church Law Firm LLC. 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). Under Georgia law O.C.G.A. 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. 16-13-31.1 criminalize the sale, manufacturing, delivery, or transportation into the state of controlled substances. Motions to suppress evidence are based on the idea that law enforcement has violated an individual's Fourth Amendment right to be free of unreasonable searches and seizures or some other right protected by a specific Georgia law. A locked padlock A total of 60 felony counts are alleged in the indictment. 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. Albany: 229-430-7754 The amount of cocaine chosen as the dividing line between possession and trafficking is 28 grams. An official website of the United States government. 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 Number one, the person was not predisposed at being involved in a drug conspiracy. Again, a federal judge threw out those wiretaps and we were able to resolve the case. To avoid accidentally committing a crime, it is wise to learn as much as you can about the drug trafficking laws in Georgia. And then when they would distribute it in Atlanta, they would load it back up with cash, take it back to the Mexican border. 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. The punishment for trafficking or distributing drugs in any of these schedules is 1 to 10 years imprisonment. 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. Possession of more than 1 ounce is a felony punishable by 1 to 10 years imprisonment. U.S. District Judge Marc Treadwell is presiding over the hearings. If you are convicted of trafficking 28 grams or more, you face a sentence of 25 to 30 years and a $500,000 fine. Anderson faces a maximum sentence of four years in prison to be followed by three years of supervised release and a $250,000 fine. So its lack of predisposition, and its that second thing, the government conduct. They dont have to show that a person even had drugs. In early February 2019, Duffy moved into a house in Sandy Springs, Georgia, and used that residence to sell heroin. The terms possess, purchase, and deliver all have their ordinary every day meaning. An individuals home receives greater protection under our Constitution than automobiles. Major South Georgia drug trafficker sentenced to nearly two decades in federal prison Drug Enforcement Administration Robert J. Murphy, Jr. Special Agent in Charge Atlanta @DEAAtlantaDiv October 13, 2020 Contact: Chuvalo Truesdell Phone Number: (571) 362-3517 For Immediate Release In the first one, they didnt have enough probable cause to get the wiretap. These are some defenses. Georgia Drug Trafficking Charges O.C.G.A. Under Georgia law, there are five different schedules or groups of types of drugs. To meet this burden, the State usually calls the arresting or searching officer to testify about the facts that gave rise to the search. As a general matter, possession of less than 1 ounce of marijuana is a misdemeanor (O.C.G.A. Clearly those individuals were part of a drug conspiracy. What usually happens in a Georgia criminal case? Nine defendants are among those facing federal charges including illegal possession of firearms after separate indictments by a grand jury in the Southern District of Georgia, while recent actions in Middle District of Georgia A person, if convicted, who purchases or possesses either a Schedule I or narcotic Schedule II drug is guilty of a felony and may be punished by imprisonment for 1-3 years (if less than 1 gram), 1-8 years (if more than 1 gram but less than 4 grams), or for 1-15 years (if more than 4 grams but less than 28 grams). In Cobb County, bonds for trafficking range from $65,000 up to $125,000. By Page Pate. 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. Share sensitive information only on official, secure websites. There is no parole in the federal system. 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. Macon, Georgia 31202-1702, Macon: 478-752-3511 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: 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 . 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. If a person is convicted of drug trafficking, he or she may face spending years in prison, having valuable assets taken away, and paying hefty fines, all in addition to having his or her own personal reputation and relationships compromised. You need to consider that in almost any drug case theres usually going to be a search. Columbus: 706-649-7700. 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. PATRICK JOHNSON, 27, of Chicago, is charged with one count of murder in aid of racketeering. 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. There are several viable defenses available to a person charged with drug possession. From December 2018 to February 2019, Summerford generally went to Duffy to resupply heroin approximately every four to five days and usually purchased approximately 142 grams on each trip. Also follow DEA Atlanta via Twitter at @DEAATLANTADiv. What is a drug conspiracy? As a general rule, probable cause is determined by the totality of the circumstances. 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. 2.79 tons of liquid heroin from a lorry that entered Georgia from Azerbaijan. 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. Understanding whats going on, they say, Hey, I wanna be a part of this. Now thats it, just those two elements. 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. Contact The Waltman Firm to schedule a consultation today! PSN is an evidence-based program proven to be effective at reducing violent crime. 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. Somebodys house was searched, somebodys car was searched, a storage shed, a business. With so many recent changes in various state regulations, many people wonder, What amount of drugs is considered trafficking?. 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. Therefore, you should know what the various categories are and the penalties for each. 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. 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. 2022 by The Church Law Firm LLC. 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.) Drug trafficking is a serious criminal charge based on certain quantities of illegal drugs. Individuals pulled over in their automobiles during a traffic stop do not enjoy the same level of protection and privacy. 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. 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. Michael Duffy, 43, of Sandy Springs, Georgia, pleaded guilty to one count conspiracy to possess with intent to distribute heroin on Thursday, May 20. 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). 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. As with any important legal question, you should always consult aGeorgia criminal defense lawyerlicensed to practice in your jurisdiction. And even if you do that, it only protects you going forward. Under the law, there are two types of possession. Columbus: 706-649-7700. 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. In order to convict somebody in federal court of a drug conspiracy charge, the government has to prove two elements. An official website of the United States government. Two homes alleged to have been involved as locations for drug storage or distribution also are subject to forfeiture proceedings in the indictment. Ryan Brown handles drug trafficking cases across the state of Georgia. 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. They will walk you through each legal process, demonstrating professionalism while being aggressive advocates for you. 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. Let our team of Newnan drug trafficking lawyers help you through this difficult time. MACON, Ga. The primary supplier of a heroin distribution ring operating between Atlanta and Macon, which funneled up to 30,000 doses of heroin into the region over a three month span, pleaded guilty to his crime in federal court. 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. So lets say they go to trial. The government does not have to show that a person actually sold drugs. Post Office Box 1702 ) or https:// means youve safely connected to the .gov website. And it is. These laws can be confusing, so if you are charged with drug trafficking, consulting an experienced criminal defense attorney would be beneficial to your case. 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 you or someone you know is facing a charge like this, I hope this has answered some of your questions. For 200 to 400 grams, the sentence is a minimum of 15 years with a fine of $300,000. Georgia drug trafficking laws punish those who break the law and keep society safe. Finally, challenging an unlawful search or a wiretap. One of the things Ive learned is that most people, when theyre charged with something like this, really dont know what a drug conspiracy is. You can also be charged with trafficking if you bring a large enough amount of a controlled substance from another country or state. Discovery usually consists of police reports, drug lab reports, search warrants, arrest warrants, witness statements, and any video or audio recordings. 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. The drugs were hidden in such items as childrens backpacks and baby-formula bottles. In drug possession cases, especially marijuana possession, proving the substance was illegal and establishing legal possession are the two biggest issues. 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. The most common drugs in each schedule are as follows: O.C.G.A. 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. 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. Anyone charged with drug trafficking in Georgia will need a good criminal defense attorney to help navigate the process. 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. 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 . 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. Similarly, these numbers will also go up for every amount over 2,000 pounds. But those are the basic elements and defenses involved in a federal drug conspiracy charge. 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. Even though a judge signed off on it, the judge that handled the case said, I dont think there was sufficient probable cause here. They suppressed the wiretaps, they couldnt use them in trial. Lock If you are convicted of trafficking methamphetamine between 28 and 200 grams, the sentence can be ten to thirty years in the state penitentiary and a fine of $200,000. Georgia drug trafficking laws regulate the manufacture, distribution, delivery, and sale of controlled substances. A controlled substance is a drug, an immediate precursor or essential compound used to make a drug, or marijuana. Weve also been successful suppressing wiretaps, and we see wiretaps now in almost every drug case. Share sensitive information only on official, secure websites. A person convicted of possessing a drug in Schedule III, IV, or V may be imprisoned for 1 to 5 years. Official websites use .govA .gov website belongs to an official government organization in the United States. 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. But if you have other questions, feel free to give us a call.. Obtaining legal advice regarding the most current illegal drugs law can potentially save you money and trouble. 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. They dont have a history of it, theres not other evidence to show they were interested in finding out about the drug business. In many consent cases, an officer will exceed the scope of the drivers consent. 16-13-31(b). The first element is that there is an agreement to violate the drug laws, and that sounds pretty simple. 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 . Some are truly illegal (like heroin) and some are legal with a valid prescription from a doctor. 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. A lock ( Due to the superb work of Page and Jess, the charges were dropped. If a hearing is requested, the court will set the hearing down to be heard on a specific date. 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. 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 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. 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. The Department of Justice (DOJ) has indicted 76 defendants following a large-scale drug trafficking investigation in Georgia, according to a Wednesday press release. Assistant U.S. Attorney Alex Kalim is prosecuting the case. 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. 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. The most strict penalties for trafficking marijuana, on the other hand, are measured in pounds. 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. Obviously there was an agreement. The first obvious defense is that theres no unlawful agreement. Se Habla Espaol, 101 Marietta Street NWSuite 3300Atlanta, GA 30303(404) 223-3310, 2022 by The Church Law Firm LLC. For any offense after that, you can expect to receive between 10 and 40 years to life in prison. Read aboutour firms successin Georgia criminal cases. Or, in other words, either actual or constructive possession will be enough to establish the possession needed to support a drug trafficking charge. So there was no unlawful agreement. 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. 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. We are lawyers who are committed to helping people in difficult situations and we invite you to call us at 404-551-5684 for a free consultation today. Official websites use .gov If the government can prove both of these things then they can charge someone with a drug conspiracy. Albany: 229-430-7754 One defendant, Torey Johnny Lee Washington, a/k/a Fool, 40, of Vidalia, is a fugitive. 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. Marshals Service, and prosecuted for the United States by Southern District of Georgia Assistant U.S. Share sensitive information only on official, secure websites. Secure .gov websites use HTTPSA lock ( In 2014, the Ministry of Internal Affairs seized approx. Arthur Anderson, 57, of Macon, pleaded guilty to one count use of a communication facility to facilitate a drug trafficking offense. Lock If that is the case, you can work with our law firm, and we can build a defense to help you get a . Michael Duffy, 43, of Sandy Springs, Georgia, pleaded guilty to one count conspiracy to possess with intent to distribute heroin on Thursday, May 20. 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. 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. 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. The indictments come after a two-year-long investigation titled "Operation Ghost Busted," which looked into gang-related drug trafficking plaguing the Brunswick, . According to Georgia law, selling drugs or trafficking a controlled substance can result in expensive drug charges that require substantial assistance. 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) 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. A lock ( in 2014, the court will set the hearing to... Can also be charged with drug trafficking cases across the state of Georgia lawyerlicensed to practice in jurisdiction! 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