And then once the government realized that, they dismissed the case. 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. 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. A total of 60 felony counts are alleged in the indictment. However, the quantity of marijuana being trafficked impacts the penalties, and even affects parole guidelines. By removing the most serious charges, you may be able to avoid the harshest sentences. 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. Albany: 229-430-7754
I represented a pilot who had a charter airline service. We have successfully represented clients in serious criminal cases across the United States. Se Habla Espaol, 101 Marietta Street NWSuite 3300Atlanta, GA 30303(404) 223-3310, 2022 by The Church Law Firm LLC. 16-13-31(b). They are found in the Title 16 Crimes and Offenses Chapter 13 Controlled Substances. And so, while he actually helped them commit the offense, he wasnt aware of the unlawful plan,. 16-13-31). 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. Marshals Service, and prosecuted for the United States by Southern District of Georgia Assistant U.S. The wiretap investigation ultimately led to the discovery of Duffy being the source of heroin supply. 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
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. 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. It's free to sign up and bid on jobs. The entrapment defense. What is Drug Trafficking? Third, the sentencing court may depart where the District Attorney and the defendant have agreed to a sentence that is below a mandatory minimum sentence. In Cobb County, bonds for trafficking range from $65,000 up to $125,000. A locked padlock All rights reserved. Secure .gov websites use HTTPSA lock ( In the first one, they didnt have enough probable cause to get the wiretap. 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. We get a lot of questions about the entrapment defense. 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. Under Georgia law, there are five different schedules or groups of types of drugs. Columbus: 706-649-7700. 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. Official websites use .gov An experienced attorney may be able to get the prosecutor to consent to a bond in the case if you have ties to the community and meet the above factors. According to Georgia law, selling drugs or trafficking a controlled substance can result in expensive drug charges that require substantial assistance. 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. Jan 17, 2023. With so many recent changes in various state regulations, many people wonder, What amount of drugs is considered trafficking?. Another high-profile case also involving Georgia took place in 2014. 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
If a warrant fails to state the exact address of the place to be searched or the specific items that may be seized by law enforcement, the warrant may be deemed invalid. By Page Pate. 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. To avoid the most serious penalties, hiring an experienced legal representative may be critical when you face a serious felony charge. If successful, a motion to suppress evidence will usually result in the dismissal of all drug charges well before trial. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime. August 2010 - Atlanta man, Marlon . Anyone charged with drug trafficking in Georgia will need a good criminal defense attorney to help navigate the process. 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. POMEROY The Meigs County Sheriff's Department made two arrests in regards to the trafficking of illegal narcotics Sunday evening. Attorneys Joseph McCool. 16-13-31(c), Trafficking methamphetamine: O.C.G.A. 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. If the government can prove both of these things then they can charge someone with a drug conspiracy. Drug trafficking is a serious criminal charge based on certain quantities of illegal drugs. 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. It is not uncommon for officers to then search the vehicle for contraband. 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 . That can be importing drugs, it can be distributing drugs, it can be possessing drugs with the intent to distribute. An official website of the United States government. A lock ( 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 Albany Herald, Ga. Dec. 7MACON A career offender with a violent criminal history who participated in a middle Georgia drug trafficking network responsible for distributing approximately 16 kilograms of methamphetamine has been sentenced to serve 20 years in federal prison resulting from an Organized Crime Drug Enforcement Task Forces investigation centered in Warner Robins. Share sensitive information only on official, secure websites. BEST IN TOWN! A few common defenses include: The information provided above is a very general summary of Georgia drug trafficking and possession law at the time this text was prepared. A person convicted of possessing a drug in Schedule III, IV, or V may be imprisoned for 1 to 5 years. If you are charged with trafficking cocaine, that is not merely a slap on the wrist. This exception allows law enforcement to search a vehicle (that has been lawfully stopped) without a search warrant if there is probable cause to believe that the vehicle contains contraband. 2.79 tons of liquid heroin from a lorry that entered Georgia from Azerbaijan. So there was no unlawful agreement. Share sensitive information only on official, secure websites. Toombs County residents can take comfort in these two sentences, and many more to follow, that will keep this predatory gang off their streets.. As announced in a Jan. 11, 2023, multi-agency news conference held at Glynn County Police Department Headquarters [] If the search was conducted pursuant to a warrant, there are three primary ways to attack the lawfulness of the search. 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.) What is a drug conspiracy? Drug trafficking charges in Georgia are based on accusations that a person possesses, sells, distributes or produces a large number of illegal drugs. They can make a few phone calls and be part of a drug conspiracy. 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. Due to the superb work of Page and Jess, the charges were dropped. The investigation culminated in a sealed, 61-count federal indictment returned in January 2020 with 26 defendants charged. An official website of the United States government. Albany: 229-430-7754
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. If you need the best, then hire the best! 16-13-31.1 criminalize the sale, manufacturing, delivery, or transportation into the state of controlled substances. Two homes alleged to have been involved as locations for drug storage or distribution also are subject to forfeiture proceedings in the indictment. The OCDETF case was investigated by the ATF, the DEA, the FBI, the GBI, the Georgia Department of Community Supervision, the Toombs County Sheriffs Office, the Lyons Police Department, the Oconee Drug Task Force, and the Liberty County Sheriffs Office, and is being prosecuted for the United States by Assistant U.S. Secure .gov websites use HTTPSA lock ( 16-13-31(c), if a person possesses, grows, brings into the state more than 10 pounds of marijuana, it is considered trafficking. 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. Investigators also seized 39 illegally possessed firearms, ranging from pistols and shotguns to assault-style rifles. 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. 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. Black was sentenced to serve 18 months in prison to be followed by one year of supervised release on March 3, 2021. The following were arrested: Grayling Coley, age 26, of Cordele, Georgia was charged with: Two counts of Trafficking Heroin Two counts of Trafficking Methamphetamine One count of Distribution of Heroin One count of Possession of methamphetamine with the intent to distribute One count of Possession of cocaine with the intent to distribute One of the most powerful tools a criminal defense lawyer has in a drug trafficking or possession case is the motion to suppress evidence. And E. Greg Gilluly Jr. They kept on after the person. 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. 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. 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. Official websites use .govA .gov website belongs to an official government organization in the United States. A search warrant must also particularly describe the place to be searched and the person or things to be seized. 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. They are dangerous and threaten the safety of our communities. As a general matter, possession of less than 1 ounce of marijuana is a misdemeanor (O.C.G.A. 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.. 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. According to the ministry, at the time, that was the largest amount of drugs seized in Georgia. Because of this, many counties have special units dedicated to stopping drug trafficking on the roadways. 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. This case is a direct result of what can be achieved when the U.S. Drug Enforcement Administration (DEA) and its law enforcement partners confront, engage and eliminate drug trafficking, said the Special Agent in Charge of the DEA Atlanta Field Division Robert J. Murphy. You need to consider that in almost any drug case theres usually going to be a search. 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. Great example of this defense is a case I tried here in Atlanta a couple of years ago. It will serve as a multi-jurisdictional drug enforcement agency controlled by Georgia Bureau of Investigation. 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. 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. Possession of more than 1 ounce is a felony punishable by 1 to 10 years imprisonment. A traffic stop is only lawful where the officer had reasonable grounds based on specific and articulable facts for making the stop. 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 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) In early February 2019, Duffy moved into a house in Sandy Springs, Georgia, and used that residence to sell heroin. On the way back from purchasing heroin from Duffy on February 20, 2019, Summerfords van was stopped and the heroin was seized. 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. The State generally has the burden of convincing the court that the drugs were the product of a lawful search. If you have those two elements, then you have an entrapment defense, and its a very effective defense in trial. For 200 to 400 grams, the sentence is 15 to 30 years with a fine of $300,000. Marietta Office Suites 55 Atlanta St. 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. 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. 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. A person convicted of manufacturing, delivering, distributing, selling or possessing with intent to distribute a Schedule I or Schedule II drug may be punishment by 5 to 30 years imprisonment if it is the persons first offense. Trafficking methamphetamine can also have serious consequences and penalties. Assistant U.S. Attorney Robert McCullers is prosecuting the case. 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. Jackson pled guilty to Conspiracy to Possess with Intent to Distribute More Than 5 Grams of Methamphetamine, and Quantities of Marijuana and Cocaine. The person being charged, while there may be an agreement, he doesnt know about it. Marshals Service, and prosecuted for the United States by Southern District of Georgia Assistant U.S. The State may also introduce the search warrant into evidence along with any other evidence it deems to be relevant. 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. We will contact you as soon as possible if we are able to help. If you or someone you know is facing a charge like this, I hope this has answered some of your questions. The terms possess, purchase, and deliver all have their ordinary every day meaning. The government does not have to show that there is some sort of formal agreement, or contract, or anything like that. 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