georgia drug trafficking cases

When trying to obtain a search warrant, law enforcement must prepare a supporting affidavit setting forth all relevant facts. 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. In Cobb County, bonds for trafficking range from $65,000 up to $125,000. A traffic stop is only lawful where the officer had reasonable grounds based on specific and articulable facts for making the stop. March 25, 2009 - Carrollton man and two truck drivers from San Antonio, TX arrested for trafficking in 740 pounds of marijuana. The investigation culminated in a sealed, 61-count federal indictment returned in January 2020 with 26 defendants charged. 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. 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. 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 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. For this quantity of cocaine the minimum prison sentence is 15 . That can be importing drugs, it can be distributing drugs, it can be possessing drugs with the intent to distribute. If the government can prove both of these things then they can charge someone with a drug conspiracy. They kept on after the person. The government stepped in and said, Youre prescribing too much medication. The most strict penalties for trafficking marijuana, on the other hand, are measured in pounds. For 200 to 400 grams, the sentence is 15 to 30 years with a fine of $300,000. Because of this, many counties have special units dedicated to stopping drug trafficking on the roadways. Law enforcement successfully stopped what was a steady flow of heroin from an Atlanta-based supplier into the Macon community, undoubtedly saving lives, said Acting U.S. Attorney Peter D. Leary. 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. Under Georgia law, there are five different schedules or groups of types of drugs. At the conclusion of the hearing, the State and the defense will argue why the drugs should be suppressed under the Fourth Amendment or a specific Georgia statute. It is also illegal to manufacture, deliver, distribute, sell, or possess with intent to distribute any controlled substance (with limited exceptions). Georgia drug trafficking laws regulate the manufacture, distribution, delivery, and sale of controlled substances. They had a medical practice, they were prescribing drugs, but it wasnt unlawful. ) or https:// means youve safely connected to the .gov website. Trafficking methamphetamine can also have serious consequences and penalties. A controlled substance is a drug, an immediate precursor or essential compound used to make a drug, or marijuana. Will it apply in my case? The Georgia laws on drug trafficking can seem overly complicated, as the penalties for being caught trafficking vary not only on the type of drug but also on the amount and whether you have priors. On the other hand, constructive possession means the individual has the illegal substances in an area where they have dominion or control over them. Criminal indictments contain only charges; defendants are presumed innocent unless and until proven guilty. 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. 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. DEFINITION OF TRAFFICKING MARIJUANA. Furthermore, for larger quantities of certain types of drugs, a person may also be charged with drug trafficking (O.C.G.A. The government does not have to show that a person actually sold drugs. And then once the government realized that, they dismissed the case. Dews was sentenced to serve 48 months in prison to be followed by one year of supervised release on March 3, 2021; Patrick Dews, 34, of Macon, pleaded guilty to one count use of a communication facility to facilitate a drug trafficking offense. Lock 16-13-31(c), if a person possesses, grows, brings into the state more than 10 pounds of marijuana, it is considered trafficking. 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 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. Similarly, these numbers will also go up for every amount over 2,000 pounds. Black was sentenced to serve 18 months in prison to be followed by one year of supervised release on March 3, 2021. 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. Attorneys Noah J . 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. PATRICK JOHNSON, 27, of Chicago, is charged with one count of murder in aid of racketeering. 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. The most common drugs in each schedule are as follows: O.C.G.A. charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana. Because there is a larger amount of drugs involved in a trafficking case, drug trafficking charges can carry serious mandatory minimum prison sentences that usually increase with the quantity of the drugs. A total of 76 defendants are named in a newly unsealed federal indictment describing a massive drug trafficking investigation tied to the Ghost Face Gangsters criminal street gang that includes allegations of multiple deaths from illegal drug overdoses. 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. Have a question about Government Services? Call us or complete the form below. 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. For 200 to 400 grams, the sentence is a minimum of 15 years with a fine of $300,000. And even if you do that, it only protects you going forward. 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. As with any important legal question, you should always consult aGeorgia criminal defense lawyerlicensed to practice in your jurisdiction. The drugs were hidden in such items as childrens backpacks and baby-formula bottles. 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 . 16-13-31(e), Trafficking morphine, opium,or heroin: O.C.G.A. 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. Official websites use .govA .gov website belongs to an official government organization in the United States. A criminal defense lawyer will have the opportunity to cross-examine the arresting or searching officer, call any witnesses of his own, and tender evidence into the record for the courts consideration. Michael Duffy, 43, of Sandy Springs, Georgia, pleaded guilty to one count conspiracy to possess with intent to distribute heroin on Thursday, May 20. The difference between drug trafficking and other drug crimes like drug possession, drug distribution or drug manufacturing is thequantityof drugs involved in the offense. 2022 by The Church Law Firm LLC. Drug trafficking charges in Georgia are a felony. If you are convicted of 400 grams or more, you face a minimum prison sentence of 25 years and a $1,000,000 fine. Official websites use .gov Under Georgia law, it is illegal to possess, manufacture, deliver, distribute or possess with intent to distribute any controlled substance (O.C.G.A. 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. MACON, GA - Twelve defendants have been charged in a newly unsealed federal indictment alleging a middle Georgia drug trafficking conspiracy. 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. 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 On Saturday, January 14, a Columbus officer attempted to initiate a traffic stop in the area of Beacon . There is no parole in the federal system. Great example of this defense is a case I tried here in Atlanta a couple of years ago. According to Georgia drug trafficking laws, for the lesser offenses of trafficking Schedule III, Schedule IV, and Schedule V controlled substances, you may receive 1 to 10 years in prison. 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. Drug trafficking charges are serious in Georgia and are nearly always prosecuted as a felony offense. A lock ( Manufacture means the production, preparation, compounding, conversion, or processing of a controlled substance by extracting components of a substances natural origin or by chemical synthesis. Williams was in possession of approximately one ounce of methamphetamine and arrested. 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. Again, a federal judge threw out those wiretaps and we were able to resolve the case. Macon, Georgia 31202-1702, Macon: 478-752-3511 . 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). Ive been representing people in federal court over the past 20 years, and Ive handled a lot of federal drug conspiracy cases. So lets say they go to trial. Marshals Service, and prosecuted for the United States by Southern District of Georgia Assistant U.S. Want to know how we win appeals in Georgia criminal cases? 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. If convicted of a second or subsequent offense, he may be imprisoned for 10 to 40 years. 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. An official website of the United States government. Weve also been successful suppressing wiretaps, and we see wiretaps now in almost every drug case. 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. The punishment for trafficking or distributing drugs in any of these schedules is 1 to 10 years imprisonment. Albany: 229-430-7754 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) And so, while he actually helped them commit the offense, he wasnt aware of the unlawful plan,. The wiretap investigation ultimately led to the discovery of Duffy being the source of heroin supply. 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. According to the ministry, at the time, that was the largest amount of drugs seized in Georgia. 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. It can be manufacturing drugs. The person being charged, while there may be an agreement, he doesnt know about it. Secure .gov websites use HTTPS On February 22, 2019, pursuant to a valid federal search warrant, law enforcement searched Duffys narcotics sales location at his Sandy Springs home. If the search was conducted pursuant to a warrant, there are three primary ways to attack the lawfulness of the search. A locked padlock 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. Contact The Waltman Firm to schedule a consultation today! 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. Se Habla Espaol, 101 Marietta Street NWSuite 3300Atlanta, GA 30303(404) 223-3310, 2022 by The Church Law Firm LLC. Therefore, you should know what the various categories are and the penalties for each. Possession of more than 1 ounce is a felony punishable by 1 to 10 years imprisonment. August 2010 - Atlanta man, Marlon . The way to challenge that is by filing a motion early in the case, getting a hearing, and then showing the judge that the search was unlawful. ) or https:// means youve safely connected to the .gov website. Defending Georgia Drug Trafficking Cases by Winning Motions to Suppress Evidence. 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 successful, a motion to suppress evidence will usually result in the dismissal of all drug charges well before trial. 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. The charge carries upon conviction a penalty of up to life in prison. 16-13-31(c), Trafficking methamphetamine: O.C.G.A. Help locate the three that are still wanted . A search warrant must also particularly describe the place to be searched and the person or things to be seized. Share sensitive information only on official, secure websites. So its lack of predisposition, and its that second thing, the government conduct. If that is the case, you can work with our law firm, and we can build a defense to help you get a . However, under O.C.G.A. Individuals will face the possibility of federal prosecution when found trafficking large quantities of illegal drugs into the Middle District of Georgia., With the arrest of Duffy, the head of the snake was cut off of this major heroin pipeline that ran from Atlanta to Middle Georgia, said Chris Hacker, Special Agent in Charge of FBI Atlanta. 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. We will contact you as soon as possible if we are able to help. And E. Greg Gilluly Jr. So when they go to trial, if they dont prove exactly whats in that indictment, then the jury cannot find the person guilty. 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 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 terms possess, purchase, and deliver all have their ordinary every day meaning. 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. Discovery usually consists of police reports, drug lab reports, search warrants, arrest warrants, witness statements, and any video or audio recordings. 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. 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. 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. Under the law, there are two types of possession. All rights reserved. So he had no knowledge of the agreement, and the jury found him not guilty of all charges. Depending on the amount of marijuana involved, a conviction may result in a prison sentence with the term of imprisonment increasing beyond the mandatory minimum sentence with the quantity being moved. 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