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. Georgia Drug Trafficking Charges O.C.G.A. Kathy Black, 40, of Macon, pleaded guilty to one count use of a communication facility to facilitate a drug trafficking offense. For example, for cocaine, as little as 28 grams or a mixture that is at least ten percent cocaine can result in serious consequences. When trying to obtain a search warrant, law enforcement must prepare a supporting affidavit setting forth all relevant facts. Anderson faces a maximum sentence of four years in prison to be followed by three years of supervised release and a $250,000 fine. 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. The drugs were hidden in such items as childrens backpacks and baby-formula bottles. Call us or complete the form below. Defending Georgia Drug Trafficking Cases by Winning Motions to Suppress Evidence. 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. They tried to sell me drugs. So he had no knowledge of the agreement, and the jury found him not guilty of all charges. 16-13-31(b). ) or https:// means youve safely connected to the .gov website. Well, if its this broad, you wonder, Are there any defenses to it? Because it is very broad under federal law. We have successfully represented clients in serious criminal cases across the United States. 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. 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. Georgia drug trafficking laws regulate the manufacture, distribution, delivery, and sale of controlled substances. . Drug trafficking charges in Georgia are a felony. If convicted of a second or subsequent offense, he may be imprisoned for 10 to 40 years. A .gov website belongs to an official government organization in the United States. And even if you do that, it only protects you going forward. Secure .gov websites use HTTPS 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. But if you have other questions, feel free to give us a call.. A search warrant must also particularly describe the place to be searched and the person or things to be seized. Initial appearances for the defendants occurred today before U.S. Magistrate Judge Charles H. Weigle. The government stepped in and said, Youre prescribing too much medication. In order to convict somebody in federal court of a drug conspiracy charge, the government has to prove two elements. Clearly those individuals were part of a drug conspiracy. 16-13-31). However, the quantity of marijuana being trafficked impacts the penalties, and even affects parole guidelines. I represented a pilot who had a charter airline service. What usually happens in a Georgia criminal case? It will serve as a multi-jurisdictional drug enforcement agency controlled by Georgia Bureau of Investigation. In some cases, the information submitted to the judge will be incomplete, false, stale, or obtained through unreliable sources. An indictment is only an allegation of criminal conduct, and the defendant is presumed innocent until and unless proven guilty in a court of law beyond a reasonable doubt. 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. In many consent cases, an officer will exceed the scope of the drivers consent. For 14 to 28 grams, you can receive a sentence of ten years and a fine of $100,000. Secure .gov websites use HTTPS This was a difficult case but due to the superb work of Page and Jess the charges were dropped. 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 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. Want to know how we win appeals in Georgia criminal cases? 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. 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). It is also illegal to manufacture, deliver, distribute, sell, or possess with intent to distribute any controlled substance (with limited exceptions). As outlined below, Georgia law defines both these controversial elements very broadly in trafficking matters. 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. By Page Pate. 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. 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. An official website of the United States government. 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. 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. Michael Duffy, 43, of Sandy Springs, Georgia, pleaded guilty to one count conspiracy to possess with intent to distribute heroin on Thursday, May 20. 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. 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. All rights reserved. We represent clients in Atlanta and throughout the state of Georgia. There are defenses, and there are several that we have used effectively in court when were representing someone charged in a drug conspiracy case. Bear in mind that if you are charged with drug trafficking, you may face a mandatory minimum sentence. A controlled substance is a drug, an immediate precursor or essential compound used to make a drug, or marijuana. The government does not have to show that a person actually sold drugs. On Saturday, January 14, a Columbus officer attempted to initiate a traffic stop in the area of Beacon . The first obvious defense is that theres no unlawful agreement. A total of 60 felony counts are alleged in the indictment. The punishment for trafficking or distributing drugs in any of these schedules is 1 to 10 years imprisonment. Arthur Anderson, 57, of Macon, pleaded guilty to one count use of a communication facility to facilitate a drug trafficking offense. Finally, challenging an unlawful search or a wiretap. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Serving clients across the United States If successful, a motion to suppress evidence will usually result in the dismissal of all drug charges well before trial. Discovery usually consists of police reports, drug lab reports, search warrants, arrest warrants, witness statements, and any video or audio recordings. It can be manufacturing drugs. Share sensitive information only on official, secure websites. We will contact you as soon as possible if we are able to help. 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. They are dangerous and threaten the safety of our communities, said Vic Reynolds, Director of the GBI. It is not uncommon for officers to then search the vehicle for contraband. 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. 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. Secure .gov websites use HTTPSA lock ( A locked padlock For 200 to 400 grams, the sentence is 15 to 30 years with a fine of $300,000. One of the most powerful tools a criminal defense lawyer has in a drug trafficking or possession case is the motion to suppress evidence. 16-13-30). A lock ( Now notice whats missing here. Disclaimer|Sitemap. If you need the best, then hire the best! They dont have a history of it, theres not other evidence to show they were interested in finding out about the drug business. PATRICK JOHNSON, 27, of Chicago, is charged with one count of murder in aid of racketeering. Marshals Service, and prosecuted for the United States by Southern District of Georgia Assistant U.S. 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. The first element is that there is an agreement to violate the drug laws, and that sounds pretty simple. 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. 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. 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. Attorneys Noah J . One way this may occur is when law enforcement exceeds the scope of the search warrant. 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. Two homes alleged to have been involved as locations for drug storage or distribution also are subject to forfeiture proceedings in the indictment. 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. In early February 2019, Duffy moved into a house in Sandy Springs, Georgia, and used that residence to sell heroin. In fact, according to Georgia statutes, penalties for this crime include fines of up to one million dollars and jail time of up to 30 years. Its just a general understanding or plan between two or more people to do something that violates the federal drug laws. An official website of the United States government. At some point he knew about the plan, he agreed to get involved, and he helped out. There are several viable defenses available to a person charged with drug possession. Weve also been successful suppressing wiretaps, and we see wiretaps now in almost every drug case. Call us or complete the form below. 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. 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. 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 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 guide covers the basics of these laws and the penalties if someone violates them. The distribution of dangerous substances like, cocaine, crack, and marijuana continue to plague many communities. 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. 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). 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). Another defense is that there is no knowledge of the agreement. And then when they would distribute it in Atlanta, they would load it back up with cash, take it back to the Mexican border. Dews was sentenced to serve 20 months in prison to be followed by one year of supervised release on March 3, 2021; and. To put it another way, the officer must have a particularized and objective basis for suspecting the person of criminal activity. As the source of the operation, Duffy fueled an epidemic and wreaked havoc in many communities. Drug trafficking charges are serious in Georgia and are nearly always prosecuted as a felony offense. A good example of that is a case I handled just last year representing a doctor who worked at a pain clinic. Drug trafficking charges in Georgia are based on accusations that a person possesses, sells, distributes or produces a large number of illegal drugs. The large-scale operation in Georgia, West Virginia and New York follows recent efforts to combat violent crimes and keep repeat offenders behind bars. 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. 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. MACON, GA - Twelve defendants have been charged in a newly unsealed federal indictment alleging a middle Georgia drug trafficking conspiracy. Their dedication and complete commitment to their client is beyond reproach. 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