While the above-listed sentences are mandatory minimum sentences, there are three different ways a defendant can be sentenced to less than the mandatory minimum. . One of the most powerful tools a criminal defense lawyer has in a drug trafficking or possession case is the motion to suppress evidence. 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. We will forever be grateful to them for all their hard work, compassion and dedication. It doesnt protect you from what you may have done with that group in the past. 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.) The stop cannot be arbitrary or harassing. Operation Breaking the Bond is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. 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. They are dangerous and threaten the safety of our communities. According to Georgia law, selling drugs or trafficking a controlled substance can result in expensive drug charges that require substantial assistance. According to the ministry, at the time, that was the largest amount of drugs seized in Georgia. 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. 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. Official websites use .gov Due to the superb work of Page and Jess, the charges were dropped. 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. SE, Suite #417 Marietta, GA 30060, Title 16 Crimes and Offenses Chapter 13 Controlled Substances, Trafficking cocaine: O.C.G.A. An official website of the United States government. So its lack of predisposition, and its that second thing, the government conduct. 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. Assistant U.S. Attorney Robert McCullers is prosecuting the case. One way this may occur is when law enforcement exceeds the scope of the search warrant. 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. 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. COLUMBUS, Ga. (WTVM) - A man was arrested on multiple charges during a drug bust in Columbus. If the officer then finds contraband hidden behind an air vent in the front compartment, a court would likely suppress the contraband as the officer exceeded the scope of the drivers consent. The large-scale operation in Georgia, West Virginia and New York follows recent efforts to combat violent crimes and keep repeat offenders behind bars. If convicted of a second or subsequent offense, he may be imprisoned for 10 to 40 years. So I thought it might be helpful to talk about the basics. 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. 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. 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. 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. As outlined below, Georgia law defines both these controversial elements very broadly in trafficking matters. 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). Obtaining legal advice regarding the most current illegal drugs law can potentially save you money and trouble. Bear in mind that if you are charged with drug trafficking, you may face a mandatory minimum sentence. They are dangerous and threaten the safety of our communities, said Vic Reynolds, Director of the GBI. Lock Now he faces many years in prison for the damage he has caused.. In other words, marijuana smoke billowing from the window will give law enforcement probable to cause to search. | July 13, 2013. Marshals Service, and prosecuted for the United States by Southern District of Georgia Assistant U.S. Investigators also seized 39 illegally possessed firearms, ranging from pistols and shotguns to assault-style rifles. 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. Albany: 229-430-7754 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. Look no further then Page Pate and Jess Johnson if you want the best trial lawyers to represent you! If you or someone you know is facing a charge like this, I hope this has answered some of your questions. A .gov website belongs to an official government organization in the United States. You know, The government came after me. The U.S. Attorneys Office for the Middle District of Georgia is recused from the case, which is being prosecuted by the Southern District. 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). The person being charged, while there may be an agreement, he doesnt know about it. In that case, it is considered drug trafficking under Section 16-13-31 and the punishment is as follows: mandatory 5-year minimum imprisonment if the quantity is more than 4 but less than 14 grams and a $50,000.00 fine; mandatory 10 year minimum imprisonment if the quantity is more than 14 but less than 28 grams and a $100,000.00 fine; and mandatory 25 year minimum imprisonment if the quantity is more than 28 grams and a $500,000.00 fine. 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. It is not uncommon for officers to then search the vehicle for contraband. Case Update: Five of the eight individuals wanted by the #FBI for drug trafficking conspiracy in Georgia are in custody. Assistant U.S. Attorney Alex Kalim is prosecuting the case. These issues are absent in most drug trafficking cases. For example, for cocaine, as little as 28 grams or a mixture that is at least ten percent cocaine can result in serious consequences. 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. 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. Major South Georgia drug trafficker sentenced to nearly two decades in federal prison Drug Enforcement Administration Robert J. Murphy, Jr. Special Agent in Charge Atlanta @DEAAtlantaDiv October 13, 2020 Contact: Chuvalo Truesdell Phone Number: (571) 362-3517 For Immediate Release 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. Finally, challenging an unlawful search or a wiretap. 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. And then when they would distribute it in Atlanta, they would load it back up with cash, take it back to the Mexican border. It is also possible for a search warrant to be valid but the resulting search to be nonetheless unlawful. 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. By removing the most serious charges, you may be able to avoid the harshest sentences. What is drug trafficking? Even when a driver consents to his vehicle being searched, it may be possible to challenge the lawfulness of the search. Secure .gov websites use HTTPS Somebodys house was searched, somebodys car was searched, a storage shed, a business. Secure .gov websites use HTTPSA lock ( To avoid the most serious penalties, hiring an experienced legal representative may be critical when you face a serious felony charge. 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. 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. An official website of the United States government. DEFINITION OF TRAFFICKING MARIJUANA. 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. Drug trafficking charges in Georgia are based on accusations that a person possesses, sells, distributes or produces a large number of illegal drugs. The operation is being investigated by the U.S. Drug Enforcement Administration, the FBI, the Georgia Bureau of Investigation, the Bibb County Sheriffs Office Narcotics Unit, the Peach County Sheriffs 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 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. The drug trafficking penalty in Georgia may even include a mandatory minimum penalty of 25 years in prison along with a fine of 1 million dollars. 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. The government does not have to show that a person actually sold drugs. First, the District Attorney can file a motion asking the sentencing court to reduce or suspend a sentence if the defendant provides substantial assistance in the identification, arrest, or conviction of any other individuals involved in the drug operation. 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). 16-13-30 makes it illegal for a person to possess, purchase, or have under their control any controlled substance. This affidavit is then submitted to the judge for his or her consideration. Weve been able to throw out two cases based on improper wiretaps. 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. If a hearing is requested, the court will set the hearing down to be heard on a specific date. If the quantity is greater than 28 grams but less than 200 grams the person shall be sentenced to a mandatory minimum prison sentence of 10 years and pay a fine of $200,000. ) or https:// means youve safely connected to the .gov website. These laws can be confusing, so if you are charged with drug trafficking, consulting an experienced criminal defense attorney would be beneficial to your case. He was simply prescribing medicine for his patients, and he was acting within the legitimate medical practice and what his license allowed. The most strict penalties for trafficking marijuana, on the other hand, are measured in pounds. 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. The government does not have to show that there is some sort of formal agreement, or contract, or anything like that. Because of this, many counties have special units dedicated to stopping drug trafficking on the roadways. They are found in the Title 16 Crimes and Offenses Chapter 13 Controlled Substances. Anyone charged with drug trafficking in Georgia will need a good criminal defense attorney to help navigate the process. 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. 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. 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. Punishment for possessing or distributing Schedule I drugs is the most severe. 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. With so many recent changes in various state regulations, many people wonder, What amount of drugs is considered trafficking?. ) or https:// means youve safely connected to the .gov website. Michael Duffy, 43, of Sandy Springs, Georgia, pleaded guilty to one count conspiracy to possess with intent to distribute heroin on Thursday, May 20. 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. We will contact you as soon as possible if we are able to help. In many consent cases, an officer will exceed the scope of the drivers consent. 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. 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. Motions to suppress evidence are based on the idea that law enforcement has violated an individuals Fourth Amendment right to be free of unreasonable searches and seizures or some other right protected by a specific Georgia law. The Justice Department announced the arrest of more than 110 people on gun and drug charges in three states. 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 . 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. . Some are truly illegal (like heroin) and some are legal with a valid prescription from a doctor. 16-13-31(e), Trafficking morphine, opium,or heroin: O.C.G.A. To avoid accidentally committing a crime, it is wise to learn as much as you can about the drug trafficking laws in Georgia. 16-13-31 and O.C.G.A. Well, if its this broad, you wonder, Are there any defenses to it? Because it is very broad under federal law. At some point after the arraignment the State will provide the defendants lawyer with the discovery in the case. An official website of the United States government. A good example of that is a case I handled just last year representing a doctor who worked at a pain clinic. Want to know how we win appeals in Georgia criminal cases? 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. Arthur Anderson, 57, of Macon, pleaded guilty to one count use of a communication facility to facilitate a drug trafficking offense. 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 . On Saturday, January 14, a Columbus officer attempted to initiate a traffic stop in the area of Beacon . "Today, the Justice Department has taken several significant enforcement actions to disrupt large-scale illegal gun and drug . That can be importing drugs, it can be distributing drugs, it can be possessing drugs with the intent to distribute. 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) All rights reserved. to be charged with drug trafficking. 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 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. Attorneys Noah J . The judge may also impose non-monetary restrictions (house arrest, no contact provisions, GPS ankle monitor, curfew, etc . Georgia drug trafficking laws punish those who break the law and keep society safe. Kathy Black, 40, of Macon, pleaded guilty to one count use of a communication facility to facilitate a drug trafficking offense. Individuals pulled over in their automobiles during a traffic stop do not enjoy the same level of protection and privacy. The amount of cocaine chosen as the dividing line between possession and trafficking is 28 grams. Im out. Thats fine, but to really take advantage of this defense you have to communicate that to either law enforcement, or make it clear to everybody else in the conspiracy. Similarly, these numbers will also go up for every amount over 2,000 pounds. 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. 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. It can be manufacturing drugs. Share sensitive information only on official, secure websites. 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. Lock Another defense is that there is no knowledge of the agreement. Read aboutour firms successin Georgia criminal cases. They dont have a history of it, theres not other evidence to show they were interested in finding out about the drug business. For 200 to 400 grams, the sentence is a minimum of 15 years with a fine of $300,000. One of the most powerful tools a criminal defense lawyer has in a drug trafficking or possession case is the motion to suppress evidence. Two Key Defendants in Middle Georgia Drug Trafficking Conspiracy Sentenced to Federal Prison 'Operation Ace in the Hole' targeted major drug distributors 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. 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. A locked padlock 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. You need to consider that in almost any drug case theres usually going to be a search. He had been flying two folks from the Mexican border to Atlanta back and forth many times. 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 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. Well, in that case the government may have shown that hes involved in drugs, but hes not a part of that conspiracy. In some cases, the information submitted to the judge will be incomplete, false, stale, or obtained through unreliable sources. To meet this burden, the State usually calls the arresting or searching officer to testify about the facts that gave rise to the search. A lock ( Toussaint is among seven defendants awaiting sentencing, while three defendants are awaiting trial. The terms possess, purchase, and deliver all have their ordinary every day meaning. 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. We will contact you as soon as possible if we are able to help. He was simply told that what was in the duffel bags had to do with their work, was never given any indication that those duffel bags contained drugs. The first element is that there is an agreement to violate the drug laws, and that sounds pretty simple. If you are charged with trafficking marijuana in Georgia, and the amount seized was somewhere between 10 pounds and 2,000 pounds, it is a mandatory minimum sentence of five years and a $100,000 fine. Trafficking generally includes allegations that an individual possesses, sells, distributes or manufactures a large amount of illegal drugs. They can make a few phone calls and be part of a drug conspiracy. Criminal indictments contain only charges; defendants are presumed innocent unless and until proven guilty. Drug trafficking charges are serious in Georgia and are nearly always prosecuted as a felony offense. There are others, it all depends on the specific facts of the case. U.S. Attorney's Office, Middle District of Georgia, Sandy Springs Heroin Supplier Pleads Guilty in Middle Georgia Drug Trafficking Case, Connecticut Man Pleads Guilty to Trafficking Fentanyl on the Darknet, 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, Sandy Springs Heroin Supplier Pleads Guilty In Middle Georgia Drug Trafficking Case. Therefore, you should know what the various categories are and the penalties for each. When law enforcement seizes a significant quantity of drugs, its typically the result of a search involving an individuals home or automobile. There is no parole in the federal system. The judge must then determine if law enforcement has provided enough information to establish probable cause to believe that a crime has been or is being committed at a specific location. So he had no knowledge of the agreement, and the jury found him not guilty of all charges. By Page Pate. 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.. Of all drug charges, trafficking is often considered the worst, a conviction of which carries significant prison time, parole, and huge fines. Obie Wright, 66, of Warner Robins, is charged with one count of conspiracy to distribute controlled substances and two counts of distribution of cocaine base. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. In entrapment, you basically have to show two things. Drug trafficking charges in Georgia are a felony. 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. A criminal defense lawyer may also challenge the lawfulness of the traffic stop itself. 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. Summerford was sentenced to serve 80 months in prison to be followed by three years of supervised release on March 3, 2021; Courtney Dews, 36, of Macon, pleaded guilty to one count use of a communication facility to facilitate a drug trafficking offense. Adams, a regional leader in the Gangster Disciples criminal street gang, was sentenced as an armed career criminal after pleading guilty to Distribution of Cocaine and Possession of a Firearm by a Convicted Felon. watch thisvideo. Great example of this defense is a case I tried here in Atlanta a couple of years ago. A traffic stop is only lawful where the officer had reasonable grounds based on specific and articulable facts for making the stop. For 2,000 to 10,000 pounds, you can be sentenced to seven to thirty years in prison and a fine of $250,000. In Cobb County, bonds for trafficking range from $65,000 up to $125,000. How to Apply for the New Pretrial Diversion Program in Federal Court, Our Firm Helps Client Avoid Prison in Large Federal Drug Conspiracy Case, Federal Marijuana Sentences May Be Reduced Based on Changing Marijuana Laws, Law Enforcement Now Using Wiretaps for Facebook, Instagram. 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