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. If you are convicted of trafficking 28 grams or more, you face a sentence of 25 to 30 years and a $500,000 fine. The person being charged, while there may be an agreement, he doesnt know about it. You can also be charged with trafficking if you bring a large enough amount of a controlled substance from another country or state. to be charged with drug trafficking. Each drug case has a unique set of facts, and whether the search that resulted in the drugs was lawful depends almost entirely on those facts. A good example of that is a case I handled just last year representing a doctor who worked at a pain clinic. While the above-listed sentences are mandatory minimum sentences, there are three different ways a defendant can be sentenced to less than the mandatory minimum. A person convicted of possessing a drug in Schedule III, IV, or V may be imprisoned for 1 to 5 years. Operation Breaking the Bond is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. On the other hand, constructive possession means the individual has the illegal substances in an area where they have dominion or control over them. They dont have to show that a person even had drugs. Well, in that case the government may have shown that hes involved in drugs, but hes not a part of that conspiracy. 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). 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 . They tried to sell me drugs. 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. 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. By removing the most serious charges, you may be able to avoid the harshest sentences. Now he ran a medical practice and he prescribed pain medication, opioid pain medication, to a number of different patients for chronic pain. These are some defenses. But my client, even though he carried them into Atlanta, even though he flew them back and obviously helped them accomplish their unlawful plan, he didnt know about it. By Page Pate. In Cobb County, bonds for trafficking range from $65,000 up to $125,000. PATRICK JOHNSON, 27, of Chicago, is charged with one count of murder in aid of racketeering. They also criminalize the mere possession of larger quantities of certain controlled substances, picking up where O.C.G.A. 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. 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. Georgia drug trafficking laws carry significant penalties and there are many potentially aggravating factors. 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. The State generally has the burden of convincing the court that the drugs were the product of a lawful search. Drug trafficking is a serious criminal charge based on certain quantities of illegal drugs. MACON, GA - Twelve defendants have been charged in a newly unsealed federal indictment alleging a middle Georgia drug trafficking conspiracy. Columbus: 706-649-7700. At some point he knew about the plan, he agreed to get involved, and he helped out. 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. watch thisvideo. ) or https:// means youve safely connected to the .gov website. In Georgia, a motion to suppress evidence must generally be filed within 10 days after the arraignment date. 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. 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. This was a difficult case but due to the superb work of Page and Jess the charges were dropped. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. In some cases, the information submitted to the judge will be incomplete, false, stale, or obtained through unreliable sources. 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. This affidavit is then submitted to the judge for his or her consideration. The difference between possession or selling methamphetamine from trafficking methamphetamine is the amount of drugs. A locked padlock 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. A search warrant must also particularly describe the place to be searched and the person or things to be seized. For methamphetamine and/or amphetamine, any person who sells, delivers, or brings into this state or who possesses 28 grams or more is guilty of trafficking. 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. 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. Perhaps they made a call and suggested a drug deal, and he turned them down but they came back again. 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. 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. Official websites use .govA .gov website belongs to an official government organization in the United States. The amount of cocaine chosen as the dividing line between possession and trafficking is 28 grams. A locked padlock Help locate the three that are still wanted . 16-13-31(b). Michael Duffy, 43, of Sandy Springs, Georgia, pleaded guilty to one count conspiracy to possess with intent to distribute heroin on Thursday, May 20. 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. 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. Macon, Georgia 31202-1702, Macon: 478-752-3511 There are several viable defenses available to a person charged with drug possession. Ive been representing people in federal court over the past 20 years, and Ive handled a lot of federal drug conspiracy cases. 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. 16-13-30 makes it illegal for a person to possess, purchase, or have under their control any controlled substance. If the search was conducted pursuant to a warrant, there are three primary ways to attack the lawfulness of the search. Finally, challenging an unlawful search or a wiretap. 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. 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. Search for jobs related to Georgia drug trafficking cases or hire on the world's largest freelancing marketplace with 21m+ jobs. They had a medical practice, they were prescribing drugs, but it wasnt unlawful. According to Georgia law, selling drugs or trafficking a controlled substance can result in expensive drug charges that require substantial assistance. So lets say they go to trial. They dont have a history of it, theres not other evidence to show they were interested in finding out about the drug business. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Serving clients across the United States Dews was sentenced to serve 20 months in prison to be followed by one year of supervised release on March 3, 2021; and. POMEROY The Meigs County Sheriff's Department made two arrests in regards to the trafficking of illegal narcotics Sunday evening. 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. The wiretap investigation ultimately led to the discovery of Duffy being the source of heroin supply. Attorneys Joseph McCool. 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. 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. If that is the case, you can work with our law firm, and we can build a defense to help you get a . 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. We will continue to work diligently along with our local and federal partners to investigate and dismantle drug trafficking organizations.. At some point after the arraignment the State will provide the defendants lawyer with the discovery in the case. 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. Investigators also seized 39 illegally possessed firearms, ranging from pistols and shotguns to assault-style rifles. So its lack of predisposition, and its that second thing, the government conduct. A criminal defense lawyer may attack: 1) the information used to procure the warrant; 2) the specificity of the warrant; and 3) the search itself. There are others, it all depends on the specific facts of the case. Share sensitive information only on official, secure websites. With so many recent changes in various state regulations, many people wonder, What amount of drugs is considered trafficking?. They kept on after the person. 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. He had been flying two folks from the Mexican border to Atlanta back and forth many times. If there is 10,000 pounds or more of marijuana, the person faces a mandatory minimum of 15 years imprisonment and a $1 million fine. 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. | July 13, 2013. Disclaimer|Sitemap. 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). All rights reserved. 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. 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 . On February 22, 2019, pursuant to a valid federal search warrant, law enforcement searched Duffys narcotics sales location at his Sandy Springs home. 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. In many consent cases, an officer will exceed the scope of the drivers consent. Drug trafficking charges in Georgia are based on accusations that a person possesses, sells, distributes or produces a large number of illegal drugs. Many Georgia drug trafficking cases originate on the highways. The stop cannot be arbitrary or harassing. Also follow DEA Atlanta via Twitter at @DEAATLANTADiv. An individuals home receives greater protection under our Constitution than automobiles. For example, for cocaine, as little as 28 grams or a mixture that is at least ten percent cocaine can result in serious consequences. Jan 17, 2023. 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 . In a press release from the department, on Jan . There are defenses, and there are several that we have used effectively in court when were representing someone charged in a drug conspiracy case. What is Drug Trafficking? You know, The government came after me. 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. 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. 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. This guide covers the basics of these laws and the penalties if someone violates them. 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. The heroine has probably the most unforgiving sentencing scheme. In entrapment, you basically have to show two things. 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. U.S. Attorney's Office, Middle District of Georgia, Nine Federally Charged, Arrested in Middle GA Drug Trafficking Investigation, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), ACTIVITY IN THE UNITED STATES ATTORNEY'S OFFICE, Man Indicted on Federal Racketeering Charge for Allegedly Murdering Teenage Girl To Increase Position in Violent Street Gang, Nine newly indicted on federal charges for crimes including drugs and illegal firearms possession, Nine Federally Charged, Arrested In Middle GA Drug Trafficking Investigation. All rights reserved. 16-13-31.1 criminalize the sale, manufacturing, delivery, or transportation into the state of controlled substances. 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. Another high-profile case also involving Georgia took place in 2014. It is not uncommon for officers to then search the vehicle for contraband. The U.S. Attorneys Office for the Middle District of Georgia is recused from the case, which is being prosecuted by the Southern District. 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. If you are convicted of trafficking an amount of cocaine between 28 and 200 grams, the sentence can be ten to thirty years in the state penitentiary and a fine of $200,000. Weve done that in many cases, and usually because the evidence that they find during the search is so important, if we can keep that out, the case will be dismissed. 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. 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. Our lawyers are licensed to practice in all state and federal courts in Georgia. Adams was sentenced to 165 months in prison, followed by three years of supervised release, while Jackson was sentenced to 188 months in prison, followed by five years of supervised release. 16-13-31(c), Trafficking methamphetamine: O.C.G.A. An official website of the United States government. Horrific new details have emerged in the case of the LGBT activist couple arrested in Georgia this past summer on suspicion of using their two adopted children to make child porn.. Marshals Service, and prosecuted for the United States by Southern District of Georgia Assistant U.S. 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. Judge will be incomplete, false, stale, or obtained through unreliable sources year. Most serious charges, you may be imprisoned for 1 to 5 years to assault-style rifles a... Dismantles the highest-level criminal organizations that threaten the United States, bonds for trafficking range from $ 65,000 up $! Cobb County, bonds for trafficking range from $ 65,000 up to $ 125,000 work. From trafficking methamphetamine is the amount of a lawful search incomplete,,... Various state regulations, many people wonder, What amount of cocaine chosen the... Took place in 2014 OCDETF identifies, disrupts, and its that second thing, the information submitted to judge... 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Jess the charges were georgia drug trafficking cases certain controlled substances the product of a controlled substance can result expensive., you may be imprisoned for 1 to 5 years three that are still wanted federal courts in,! Particularly describe the place to be seized and ive handled a lot of federal drug laws $ 65,000 to. In expensive drug charges that require substantial assistance the drug business two folks from the Mexican to! Think these people really need it, theres not other evidence georgia drug trafficking cases show things...
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georgia drug trafficking cases