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. Georgia Drug Trafficking Charges O.C.G.A. U.S. District Judge Marc Treadwell is presiding over the hearings. It is also illegal to manufacture, deliver, distribute, sell, or possess with intent to distribute any controlled substance (with limited exceptions). Clearly those individuals were part of a drug conspiracy. Actual possession means that an individual has an illegal substance on them, in their proximity or that he or she has direct control over the drugs. 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 lawfulness of such a search depends heavily on how the search is characterized. 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. A person convicted of possessing a drug in Schedule III, IV, or V may be imprisoned for 1 to 5 years. They are found in the Title 16 Crimes and Offenses Chapter 13 Controlled Substances. Those numbers go up with every amount over 200 grams. In order to convict somebody in federal court of a drug conspiracy charge, the government has to prove two elements. A good example of that is a case I handled just last year representing a doctor who worked at a pain clinic. The government does not have to show that a person actually sold drugs. In the first one, they didnt have enough probable cause to get the wiretap. A lock ( 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. Marshals Service, and prosecuted for the United States by Southern District of Georgia Assistant U.S. 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, 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. Another high-profile case also involving Georgia took place in 2014. In early February 2019, Duffy moved into a house in Sandy Springs, Georgia, and used that residence to sell heroin. Consequently, if the officer conducting the traffic stop cannot adequately articulate why a driver was committing or had committed a traffic offense or a crime, the traffic stop is considered to be unlawful. The number of illegally possessed firearms seized in this case also provides a glimpse into the dangerous underworld of narcotics trafficking.. For any offense after that, you can expect to receive between 10 and 40 years to life in prison. 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. 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. Another defense, which is also a little complicated and difficult to use, is that the person withdrew from the conspiracy. An official website of the United States government. 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. DEFINITION OF TRAFFICKING MARIJUANA. Marshals Service, and prosecuted for the United States by Southern District of Georgia Assistant U.S. When law enforcement seizes a significant quantity of drugs, its typically the result of a search involving an individuals home or automobile. Attorneys Noah J . On the way back from purchasing heroin from Duffy on February 20, 2019, Summerfords van was stopped and the heroin was seized. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Serving clients across the United States One defendant, Torey Johnny Lee Washington, a/k/a Fool, 40, of Vidalia, is a fugitive. The difference between drug trafficking and other drug crimes like drug possession, drug distribution or drug manufacturing is thequantityof drugs involved in the offense. 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 . March 10, 2009 - Regional drug-fighting hub opens in Carrollton. Disclaimer|Sitemap. Share sensitive information only on official, secure websites. 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. They also criminalize the mere possession of larger quantities of certain controlled substances, picking up where O.C.G.A. 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. So when they go to trial, if they dont prove exactly whats in that indictment, then the jury cannot find the person guilty. 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. 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. Weve been able to throw out two cases based on improper wiretaps. Its just this agreement, and then knowing about the agreement, saying, I wanna be a part of it. The person can drive a car and be part of a drug conspiracy. 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. The entrapment defense. These are considered to be drugs with low or moderate potential for psychological or physical dependence, a lower chance of abuse, and accepted medical use. The community is much safer with these defendants behind bars., Illegal guns and drugs have no place in Georgia. The following co-defendants have previously pleaded guilty for their crimes in federal court and have been sentenced for their crimes: Chad Bresach, 38, of Eatonton, Georgia, pleaded guilty to one count distribution of heroin. In another situation, another wiretap case, the government had probable cause to get the wiretap but they didnt follow the specific requirements of the statute. 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 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. 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). For this quantity of cocaine the minimum prison sentence is 15 . 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. 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. So lets say they go to trial. As a general rule, probable cause is determined by the totality of the circumstances. The State may also introduce the search warrant into evidence along with any other evidence it deems to be relevant. We get a lot of questions about the entrapment defense. They tried to sell me drugs. It's free to sign up and bid on jobs. As announced in a Jan. 11, 2023, multi-agency news conference held at Glynn County Police Department Headquarters [] We have successfully represented clients in serious criminal cases across the United States. Will it apply in my case? Case Update: Five of the eight individuals wanted by the #FBI for drug trafficking conspiracy in Georgia are in custody. The most common drugs in each schedule are as follows: O.C.G.A. 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. All rights reserved. The amount of cocaine chosen as the dividing line between possession and trafficking is 28 grams. To put it another way, the officer must have a particularized and objective basis for suspecting the person of criminal activity. 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. 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) 16-13-30). 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. MACON, GA - Twelve defendants have been charged in a newly unsealed federal indictment alleging a middle Georgia drug trafficking conspiracy. Marietta Office Suites 55 Atlanta St. An official website of the United States government. Drug trafficking charges in Georgia are a felony. 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. Michael Duffy, 43, of Sandy Springs, Georgia, pleaded guilty to one count conspiracy to possess with intent to distribute heroin on Thursday, May 20. 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. If you need the best, then hire the best! 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. Help locate the three that are still wanted . Second, the sentencing court may use its own discretion to depart from a mandatory minimum sentence if the defendant was not a leader in the drug operation, if the defendant did not possess a weapon, the criminal conduct did not result in a death or serious bodily injury, the defendant has no prior felonies, and the interests of justice will not be served by applying the mandatory minimum sentence. Possession of more than 1 ounce is a felony punishable by 1 to 10 years imprisonment. Sometimes theyll say they had consent to search, the person agreed to it, but they really didnt. You can also be charged with trafficking if you bring a large enough amount of a controlled substance from another country or state. They dont have a history of it, theres not other evidence to show they were interested in finding out about the drug business. Let our team of Newnan drug trafficking lawyers help you through this difficult time. 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. Criminal indictments contain only charges; defendants are presumed innocent unless and until proven guilty. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Serving clients across the United States 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). 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. Understanding whats going on, they say, Hey, I wanna be a part of this. Now thats it, just those two elements. Its a different conspiracy, and so the jury has to find him not guilty. In 2014, the Ministry of Internal Affairs seized approx. 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. 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. Look no further then Page Pate and Jess Johnson if you want the best trial lawyers to represent you! 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 . If convicted of trafficking in Georgia of 200 grams or more but less than 400 grams, then the punishment range increases. 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. Georgia drug trafficking laws carry significant penalties and there are many potentially aggravating factors. 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. Se Habla Espaol, 101 Marietta Street NWSuite 3300Atlanta, GA 30303(404) 223-3310, 2022 by The Church Law Firm LLC. What is drug trafficking? 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. Obviously there was an agreement. Also follow DEA Atlanta via Twitter at @DEAATLANTADiv. 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. 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. 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 . 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 . 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. Well, if its this broad, you wonder, Are there any defenses to it? Because it is very broad under federal law. It will serve as a multi-jurisdictional drug enforcement agency controlled by Georgia Bureau of Investigation. 16-13-31(c), if a person possesses, grows, brings into the state more than 10 pounds of marijuana, it is considered trafficking. Our lawyers are licensed to practice in all state and federal courts in Georgia. 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. What usually happens in a Georgia criminal case? 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. We represent clients in Atlanta and throughout the state of Georgia. 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. 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. Or, in other words, either actual or constructive possession will be enough to establish the possession needed to support a drug trafficking charge. A lock ( 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. Many Georgia drug trafficking cases originate on the highways. This field is for validation purposes and should be left unchanged. 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. As with any important legal question, you should always consult aGeorgia criminal defense lawyerlicensed to practice in your jurisdiction. The government does not have to show that there is some sort of formal agreement, or contract, or anything like that. August 2010 - Atlanta man, Marlon . Under Georgia law, there are five different schedules or groups of types of drugs. If a judge signs a warrant not supported by probable cause, the warrant is invalid and the fruits of any search must generally be suppressed. 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. 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. And it is. 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. 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. 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 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. 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. A controlled substance is a drug, an immediate precursor or essential compound used to make a drug, or marijuana. Also follow DEA Atlanta via Twitter at @DEAATLANTADiv. A locked padlock 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. 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. It is also possible for a search warrant to be valid but the resulting search to be nonetheless unlawful. Assistant U.S. Attorney Robert McCullers is prosecuting the case. Somebodys house was searched, somebodys car was searched, a storage shed, a business. All rights reserved. ) or https:// means youve safely connected to the .gov website. Trafficking methamphetamine can also have serious consequences and penalties. 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). And then when they would distribute it in Atlanta, they would load it back up with cash, take it back to the Mexican border. Jackson pled guilty to Conspiracy to Possess with Intent to Distribute More Than 5 Grams of Methamphetamine, and Quantities of Marijuana and Cocaine. 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. When trying to obtain a search warrant, law enforcement must prepare a supporting affidavit setting forth all relevant facts. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. 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. 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. 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. 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. The punishment for trafficking or distributing drugs in any of these schedules is 1 to 10 years imprisonment. Individuals pulled over in their automobiles during a traffic stop do not enjoy the same level of protection and privacy. 16-13-31(a), Trafficking marijuana: O.C.G.A. 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. Punishment for possessing or distributing Schedule I drugs is the most severe. Macon, Georgia 31202-1702, Macon: 478-752-3511 Trafficking lawyers help you through this difficult time theres not other evidence to show that person! They also criminalize the mere possession of larger quantities of marijuana and.... @ DEAATLANTADiv hub opens in Carrollton there any defenses to it, but they really didnt: // youve... 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Means youve safely connected to the.gov website distributing Schedule I drugs is the most common drugs any. Also introduce the search is characterized convict somebody in federal court of a,. Marc Treadwell is presiding over the hearings to the.gov website from heroin... Way, the officer must have a particularized and objective basis for suspecting the of. Case also involving Georgia took place in Georgia are in custody of questions about the defense... If convicted of trafficking in Georgia obtain a search depends heavily on how the search is characterized defendants been. During a traffic stop do not enjoy the same level of protection and privacy prove two.! Sentence is 15 is 15, the person can drive a car and part! Official website of the circumstances case Update: Five of the circumstances saying! ), trafficking marijuana: O.C.G.A get a lot of questions about the drug business is the. The first one, they didnt have enough probable cause to get wiretap... Drug-Fighting hub opens in Carrollton Service, and prosecuted for the United States government Office Suites 55 St.... Evidence it deems to be valid but the resulting search to be nonetheless.! State and federal courts in Georgia of 200 grams or more but less than 400 grams, hire... With any other evidence it deems to be valid but the resulting search to be valid the... That is a drug in Schedule III, IV, or anything like that it way.
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