If you have those two elements, then you have an entrapment defense, and its a very effective defense in trial. They dont have a history of it, theres not other evidence to show they were interested in finding out about the drug business. Disclaimer|Sitemap. In the courtroom theres no doubt that they are accomplished masterful attorneys who represented my son being accused of a criminal crime he did not commit. Trafficking generally includes allegations that an individual possesses, sells, distributes or manufactures a large amount of illegal drugs. It is also illegal to manufacture, deliver, distribute, sell, or possess with intent to distribute any controlled substance (with limited exceptions). 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. The indictments come after a two-year-long investigation titled "Operation Ghost Busted," which looked into gang-related drug trafficking plaguing the Brunswick, . If you are charged with trafficking cocaine, that is not merely a slap on the wrist. What usually happens in a Georgia criminal 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Serving clients across the United States . 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 . 16-13-31(c), Trafficking methamphetamine: O.C.G.A. On Saturday, January 14, a Columbus officer attempted to initiate a traffic stop in the area of Beacon . However, if the possession is 4-28 grams or more of opium, heroin, morphine, or several other substances under Schedules I and II, the punishment is much more severe. For 200 to 400 grams, the sentence is 15 to 30 years with a fine of $300,000. ) or https:// means youve safely connected to the .gov website. Drug trafficking charges in Georgia are a felony. 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. An official website of the United States government. 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. A lock ( 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. 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. The Department of Justice (DOJ) has indicted 76 defendants following a large-scale drug trafficking investigation in Georgia, according to a Wednesday press release. Investigators also seized 39 illegally possessed firearms, ranging from pistols and shotguns to assault-style rifles. There is no parole in the federal system. Eight men and four women are charged as part of Operation Breaking the Bond, an Organized Crime Drug Enforcement Task Force investigation centered in the Bibb County area, said David H. Estes, Acting U.S. Attorney for the Southern District of Georgia. 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. Furthermore, possession of larger quantities of certain types of drugs (such as cocaine, opium, heroin, marijuana, and methamphetamine, to name a few) allows the presumption that the drugs were being trafficked which comes with much harsher punishment. In the first one, they didnt have enough probable cause to get the wiretap. 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. Anderson faces a maximum sentence of four years in prison to be followed by three years of supervised release and a $250,000 fine. These dangerous drugs cause immeasurable damage to communities, but DEA and its law enforcement partners are committed to protecting these communities. The distribution of dangerous substances like, cocaine, crack, and marijuana continue to plague many communities. Attorneys Noah J. Abrams and OCDETF Coordinator Marcela C. Mateo. As a general rule, probable cause is determined by the totality of the circumstances. In many consent cases, an officer will exceed the scope of the drivers consent. 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. 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. Williams was in possession of approximately one ounce of methamphetamine and arrested. Now he ran a medical practice and he prescribed pain medication, opioid pain medication, to a number of different patients for chronic pain. A total of 60 felony counts are alleged in the indictment. Therefore, you should know what the various categories are and the penalties for each. To meet this burden, the State usually calls the arresting or searching officer to testify about the facts that gave rise to the search. Contact The Waltman Firm to schedule a consultation today! Black was sentenced to serve 18 months in prison to be followed by one year of supervised release on March 3, 2021. 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. Post Office Box 1702 ) or https:// means youve safely connected to the .gov website. 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. They are dangerous and threaten the safety of our communities, said Vic Reynolds, Director of the GBI. 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 punishment for trafficking or distributing drugs in any of these schedules is 1 to 10 years imprisonment. We will forever be grateful to them for all their hard work, compassion and dedication. 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. 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. If convicted of trafficking in Georgia of 200 grams or more but less than 400 grams, then the punishment range increases. 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. Weve been able to throw out two cases based on improper wiretaps. 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. 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. Share sensitive information only on official, secure websites. One defendant, Torey Johnny Lee Washington, a/k/a Fool, 40, of Vidalia, is a fugitive. That means the State of Georgia applies a federal mandatory minimum sentence when it comes to drug crimes. Perhaps they made a call and suggested a drug deal, and he turned them down but they came back again. Investigators from the Georgia Bureau of Investigation (GBI), working with federal and local law enforcement agencies, identified Deltinaud Toussaint, a/k/a Black, a/k/a Tino, a/k/a Tino Black, 44, of Vidalia, as the primary supplier of the organizations narcotics including methamphetamine, cocaine, MDMA or Ecstasy, and marijuana through connections in Atlanta. You need to consider that in almost any drug case theres usually going to be a search. Their dedication and complete commitment to their client is beyond reproach. There are others, it all depends on the specific facts of the case. As outlined below, Georgia law defines both these controversial elements very broadly in trafficking matters. The following co-defendants have previously pleaded guilty for their crimes in federal court and are awaiting sentencing: Terrance Jackson, 43, of Macon, pleaded guilty to one count conspiracy to possess with intent to distribute heroin. A criminal defense lawyer may also challenge the lawfulness of the traffic stop itself. This guide covers the basics of these laws and the penalties if someone violates them. A .gov website belongs to an official government organization in the United States. A controlled substance is a drug, an immediate precursor or essential compound used to make a drug, or marijuana. 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. The large-scale operation in Georgia, West Virginia and New York follows recent efforts to combat violent crimes and keep repeat offenders behind bars. Two homes alleged to have been involved as locations for drug storage or distribution also are subject to forfeiture proceedings in the indictment. An official website of the United States government. Obtaining legal advice regarding the most current illegal drugs law can potentially save you money and trouble. Call us or complete the form below. Under Georgias drug trafficking laws, you face a significant possibility of lengthy prison time if you are caught with a large enough amount of a controlled substance that you intend to distribute. 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.) All rights reserved. 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. 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. 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 have successfully represented clients in serious criminal cases across the United States. 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. Justin Adams, a/k/a Ace, 40, of Vidalia, and Andre Jackson, a/k/a Dre, 31, of Vidalia, were sentenced by U.S. District Court Judge R. Stan Baker, said Acting U.S. Attorney David H. Estes. Those trips that were confirmed using interceptions and/or surveillance. 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. The U.S. Attorneys Office for the Middle District of Georgia is recused from the case, which is being prosecuted by the Southern District. However, under O.C.G.A. The most strict penalties for trafficking marijuana, on the other hand, are measured in pounds. So lets say they go to trial. 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. 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. The judge may also impose non-monetary restrictions (house arrest, no contact provisions, GPS ankle monitor, curfew, etc . And so, while he actually helped them commit the offense, he wasnt aware of the unlawful plan,. 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. 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. Because of this, many counties have special units dedicated to stopping drug trafficking on the roadways. 2.79 tons of liquid heroin from a lorry that entered Georgia from Azerbaijan. If you are convicted of trafficking 28 grams or more, you face a sentence of 25 to 30 years and a $500,000 fine. 16-13-30 makes it illegal for a person to possess, purchase, or have under their control any controlled substance. 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). For this quantity of cocaine the minimum prison sentence is 15 . 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. 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. If you are convicted of moving 10,000 pounds or more, you face a sentence of at least fifteen years and a fine of million dollars ($1,000,000). They have evidence that an individual is involved in the drug business, but they have charged him with a bunch of people that he didnt know. 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. That can be importing drugs, it can be distributing drugs, it can be possessing drugs with the intent to distribute. 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. You can also be charged with trafficking if you bring a large enough amount of a controlled substance from another country or state. For 2,000 to 10,000 pounds, you can be sentenced to seven to thirty years in prison and a fine of $250,000. 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. Punishment for possessing or distributing Schedule I drugs is the most severe. 2022 by The Church Law Firm LLC. In Cobb County, bonds for trafficking range from $65,000 up to $125,000. Official websites use .gov 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. Attorneys Noah J . 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) Dews was sentenced to serve 20 months in prison to be followed by one year of supervised release on March 3, 2021; and. Drug trafficking charges in Georgia are based on accusations that a person possesses, sells, distributes or produces a large number of illegal drugs. 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. 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. Macon, Georgia 31202-1702, Macon: 478-752-3511 The government stepped in and said, Youre prescribing too much medication. The terms possess, purchase, and deliver all have their ordinary every day meaning. 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. By Page Pate. It is also possible for a search warrant to be valid but the resulting search to be nonetheless unlawful. 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. One of the most powerful tools a criminal defense lawyer has in a drug trafficking or possession case is the motion to suppress evidence. We represent clients in Atlanta and throughout the state of Georgia. For example, for cocaine, as little as 28 grams or a mixture that is at least ten percent cocaine can result in serious consequences. 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. Another defense is that there is no knowledge of the agreement. Properly filing and arguing a motion to suppress in a serious drug case could mean the difference between spending decades in prison and having the entire case dismissed. In early February 2019, Duffy moved into a house in Sandy Springs, Georgia, and used that residence to sell heroin. Kathy Black, 40, of Macon, pleaded guilty to one count use of a communication facility to facilitate a drug trafficking offense. 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 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. 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. 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. 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. Georgia drug trafficking laws punish those who break the law and keep society safe. DEFINITION OF TRAFFICKING MARIJUANA. At some point after the arraignment the State will provide the defendants lawyer with the discovery in the case. Secure .gov websites use HTTPS Discovery usually consists of police reports, drug lab reports, search warrants, arrest warrants, witness statements, and any video or audio recordings. 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 . Obviously there was an agreement. U.S. District Judge Marc Treadwell is presiding over the hearings. 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. 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. 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. 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. Help locate the three that are still wanted . An official website of the United States government. There is very little difference between a trafficking charge and the lesser charge of O.C.G.A 16-13-30 (j) "Purchase, possession, manufacture, distribution, or sale of controlled substances or marijuana . For 14 to 28 grams, you can receive a sentence of ten years and a fine of $100,000. Drug trafficking laws in Georgia impose mandatory federal minimum sentences if convicted of this crime. An official website of the United States government. Under the law, there are two types of possession. 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. 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. The number of illegally possessed firearms seized in this case also provides a glimpse into the dangerous underworld of narcotics trafficking.. Official websites use .govA .gov website belongs to an official government organization in the United States. 16-13-31(b). Because this analysis is subject to change depending upon recent cases and legal developments, you should not rely on this summary as legal advice. March 25, 2009 - Carrollton man and two truck drivers from San Antonio, TX arrested for trafficking in 740 pounds of marijuana. In the vast majority of cases involving the search of a home, law enforcement is required to obtain a valid warrant before setting foot inside of the home. 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. 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. For any offense after that, you can expect to receive between 10 and 40 years to life in prison. 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. On the way back from purchasing heroin from Duffy on February 20, 2019, Summerfords van was stopped and the heroin was seized. Marshals Service, and prosecuted for the United States by Southern District of Georgia Assistant U.S. Watch thisvideo. Drug trafficking charges are serious in Georgia and are nearly always prosecuted as a felony offense. So when they go to trial, if they dont prove exactly whats in that indictment, then the jury cannot find the person guilty. One of the most powerful tools a criminal defense lawyer has in a drug trafficking or possession case is the motion to suppress evidence. Secure .gov websites use HTTPSA lock ( 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). Keep society safe not merely a slap on the other hand, are measured in pounds be a search to... From purchasing heroin from Duffy on February 20, 2019, Summerfords van stopped. Organization in the United States by Southern District of Georgia Assistant u.s. Watch thisvideo or manufactures a large enough of. 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