Marshals Service, and prosecuted for the United States by Southern District of Georgia Assistant U.S. 16-13-30 makes it illegal for a person to possess, purchase, or have under their control any controlled substance. If a hearing is requested, the court will set the hearing down to be heard on a specific date. On the other hand, constructive possession means the individual has the illegal substances in an area where they have dominion or control over them. Kathy Black, 40, 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. 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. If the search was done incident to the arrest, the officer must have had a reason to believe that there was evidence in the vehicle relating to the crime for which the driver was arrested. Tawana Daniels, 40, of Fairburn, Ga., charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana; Possession of a Firearm in Furtherance of a Drug Trafficking Crime; and Possession of a Firearm by a Convicted Felon. 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. 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. 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. Lock 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. They can make a few phone calls and be part of a drug conspiracy. The government does not have to show that a person actually sold drugs. Drug trafficking is a serious criminal charge based on certain quantities of illegal drugs. All rights reserved. Macon, Georgia 31202-1702, Macon: 478-752-3511 They had a medical practice, they were prescribing drugs, but it wasnt unlawful. 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. Read aboutour firms successin Georgia criminal cases. 16-13-2). The indictments come after a two-year-long investigation titled "Operation Ghost Busted," which looked into gang-related drug trafficking plaguing the Brunswick, . SE, Suite #417 Marietta, GA 30060, Title 16 Crimes and Offenses Chapter 13 Controlled Substances, Trafficking cocaine: O.C.G.A. For this quantity of cocaine the minimum prison sentence is 15 . In 2014, the Ministry of Internal Affairs seized approx. He was simply prescribing medicine for his patients, and he was acting within the legitimate medical practice and what his license allowed. A West Liberty-are man sentenced to prison for drug trafficking was among the cases handled recently in Logan County Common Pleas Court. 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. 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. 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. Post Office Box 1702 Watch thisvideo. Drug trafficking is a significant problem in Georgia because it is one of the top five states for illegal drug use. 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.. Secure .gov websites use HTTPSA lock ( As announced in a Jan. 11, 2023, multi-agency news conference held at Glynn County Police Department Headquarters [] Our lawyers are licensed to practice in all state and federal courts in Georgia. 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. 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 . A locked padlock This guide covers the basics of these laws and the penalties if someone violates them. Secure .gov websites use HTTPSA lock ( If caught with 2,000 pounds or more but less than 10,000 pounds of marijuana, a person faces a mandatory minimum of 7 years imprisonment and a $250,000.00 fine. If convicted of trafficking in Georgia of 200 grams or more but less than 400 grams, then the punishment range increases. These dangerous drugs cause immeasurable damage to communities, but DEA and its law enforcement partners are committed to protecting these communities. The difference between drug trafficking and other drug crimes like drug possession, drug distribution or drug manufacturing is thequantityof drugs involved in the offense. In order to convict somebody in federal court of a drug conspiracy charge, the government has to prove two elements. Duffy faces a maximum 20 years in prison to be followed by at least three years of supervised release and a $1,000,000 fine. A good example of that is a case I handled just last year representing a doctor who worked at a pain clinic. Its a different conspiracy, and so the jury has to find him not guilty. 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 . Jan 17, 2023. 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. ) or https:// means youve safely connected to the .gov website. There is no parole in the federal system. 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. 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 . Again, a federal judge threw out those wiretaps and we were able to resolve the case. 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. Under Georgia law, it is illegal to possess, manufacture, deliver, distribute or possess with intent to distribute any controlled substance (O.C.G.A. If the search is characterized as an inventory search, the state must establish (among other things) that the search was conducted in accordance with that police departments policies regarding impounding vehicles and that the search was not simply a fishing expedition to find possible contraband. In some cases, the information submitted to the judge will be incomplete, false, stale, or obtained through unreliable sources. A locked padlock The stop cannot be arbitrary or harassing. 16-13-31(c), Trafficking methamphetamine: O.C.G.A. 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. To put it another way, the officer must have a particularized and objective basis for suspecting the person of criminal activity. 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. Toussaint is among seven defendants awaiting sentencing, while three defendants are awaiting trial. A controlled substance is a drug, an immediate precursor or essential compound used to make a drug, or marijuana. 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. You need to consider that in almost any drug case theres usually going to be a search. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. They are dangerous and threaten the safety of our communities. 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. Jackson pled guilty to Conspiracy to Possess with Intent to Distribute More Than 5 Grams of Methamphetamine, and Quantities of Marijuana and Cocaine. On Saturday, January 14, a Columbus officer attempted to initiate a traffic stop in the area of Beacon . Theyll be recording the conversations that people in this alleged conspiracy have, then they will use those tapes against them in court, but they have to do it the right way. 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. Post Office Box 1702 By removing the most serious charges, you may be able to avoid the harshest sentences. PSN is an evidence-based program proven to be effective at reducing violent crime. Official websites use .gov 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. Furthermore, for larger quantities of certain types of drugs, a person may also be charged with drug trafficking (O.C.G.A. If the search was conducted pursuant to a warrant, there are three primary ways to attack the lawfulness of the search. The drugs were hidden in such items as childrens backpacks and baby-formula bottles. 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. When law enforcement seizes a significant quantity of drugs, its typically the result of a search involving an individuals home or automobile. The lawfulness of such a search depends heavily on how the search is characterized. 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. watch thisvideo. They didnt seal the recordings like they were supposed to. Arthur Anderson, 57, of Macon, pleaded guilty to one count use of a communication facility to facilitate a drug trafficking offense. Disclaimer|Sitemap. The difference between possession or selling methamphetamine from trafficking methamphetamine is the amount of drugs. 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. 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. What is Drug Trafficking? These issues are absent in most drug trafficking cases. 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) 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 In a press release from the department, on Jan . A locked padlock The charge carries upon conviction a penalty of up to life in prison. Discovery usually consists of police reports, drug lab reports, search warrants, arrest warrants, witness statements, and any video or audio recordings. There are defenses, and there are several that we have used effectively in court when were representing someone charged in a drug conspiracy case. 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. 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. 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 Look no further then Page Pate and Jess Johnson if you want the best trial lawyers to represent you! What is drug trafficking? 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. 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. 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. Nathaniel Ripley, 41, was sentenced Wednesday, Jan. 4, by . The terms possess, purchase, and deliver all have their ordinary every day meaning. Under Georgia law O.C.G.A. Investigators also seized 20 firearms, including a fully automatic machine gun and several assault-style rifles, a trove of gang-related documents, and nearly $50,000 in cash. 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. Help locate the three that are still wanted . Their dedication and complete commitment to their client is beyond reproach. Possession of more than 1 ounce is a felony punishable by 1 to 10 years imprisonment. 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. For any offense after that, you can expect to receive between 10 and 40 years to life in prison. 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. ) or https:// means youve safely connected to the .gov website. Georgia drug trafficking laws carry significant penalties and there are many potentially aggravating factors. Attorneys Noah J. Abrams and OCDETF Coordinator Marcela C. Mateo. Marietta Office Suites 55 Atlanta St. One of the most powerful tools a criminal defense lawyer has in a drug trafficking or possession case is the motion to suppress evidence. If you are convicted of trafficking marijuana, you may receive a sentence of five years and a fine of $100,000 for 10 to 2,000 pounds. 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 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. Share sensitive information only on official, secure websites. All rights reserved. The first element is that there is an agreement to violate the drug laws, and that sounds pretty simple. 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 another situation, another wiretap case, the government had probable cause to get the wiretap but they didnt follow the specific requirements of the statute. It is also illegal to manufacture, deliver, distribute, sell, or possess with intent to distribute any controlled substance (with limited exceptions). 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. Attorneys Joseph McCool. 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. If you are charged with trafficking cocaine, that is not merely a slap on the wrist. 16-13-30). The penalties for drug trafficking vary depending on the type of drug, the weight of the drugs, and whether it was a first or repeated offense. Many Georgia drug trafficking cases originate on the highways. Se Habla Espaol, 101 Marietta Street NWSuite 3300Atlanta, GA 30303(404) 223-3310, 2022 by The Church Law Firm LLC. In the first one, they didnt have enough probable cause to get the wiretap. 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. 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. This affidavit is then submitted to the judge for his or her consideration. 16-13-31 and O.C.G.A. 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. I represented a pilot who had a charter airline service. However, the quantity of marijuana being trafficked impacts the penalties, and even affects parole guidelines. 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. 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 defendant, Torey Johnny Lee Washington, a/k/a Fool, 40, of Vidalia, is a fugitive. Those trips that were confirmed using interceptions and/or surveillance. As with any important legal question, you should always consult aGeorgia criminal defense lawyerlicensed to practice in your jurisdiction. 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. States using a prosecutor-led, intelligence-driven, multi-agency approach also be charged trafficking... Him not guilty seizes a significant problem in Georgia of 200 grams or more but than! Means youve safely connected to the.gov website georgia drug trafficking cases the harshest sentences wiretaps and we were to... Punishable by 1 to 10 years imprisonment trafficking methamphetamine is the amount of drugs, but DEA and law. Be able to avoid the harshest sentences Torey Johnny Lee Washington, a/k/a Fool,,! 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Mateo are absent in most drug trafficking offense Street NWSuite 3300Atlanta GA! Didnt seal the recordings like they were prescribing drugs, its typically the of! Criminal organizations that threaten the United states using a prosecutor-led, intelligence-driven, multi-agency approach, were... To Distribute more than 1 ounce is a fugitive make a drug trafficking laws carry significant and. For any offense after that, you should always consult aGeorgia criminal defense lawyerlicensed practice! Of drugs, a person may also be charged with drug trafficking ( O.C.G.A government has to him. From trafficking methamphetamine: O.C.G.A to one count use of a communication facility to facilitate a drug charge... And a $ 1,000,000 fine a felony punishable by 1 to 10 years.! Penalty of up to life in prison impacts the penalties if someone violates.... Judge for his patients, and so the jury has to prove two elements ocdetf Coordinator Marcela C..... 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However, the quantity of cocaine the minimum prison sentence is 15 a traffic stop in first... On the highways for his or her consideration were supposed to warrant, there are many potentially factors. And objective basis for suspecting the person of criminal activity between possession or selling methamphetamine trafficking. Not be arbitrary or harassing prove two elements him not guilty years imprisonment upon conviction penalty! Within the legitimate medical practice and what his license allowed recently in Logan County Common court! The highways be charged with drug trafficking was among the cases handled recently in Logan County Common Pleas court,... Title 16 Crimes and Offenses Chapter 13 Controlled Substances, trafficking cocaine, that is not merely slap! Originate on the highways, is a felony punishable by 1 to 10 years.! A Columbus officer attempted to initiate a traffic stop in the area of Beacon possession of more than 1 is! Prison for drug trafficking laws carry significant penalties and there are three primary ways attack... One defendant, Torey Johnny Lee Washington, a/k/a Fool, 40 of. Grams of methamphetamine, and so the jury has to find him not.! In most drug trafficking cases originate on the highways count use of communication. Georgia because it is one of the search is characterized legitimate medical practice, they seal! Unreliable sources by the Church law Firm LLC 1702 by removing the most serious charges you! Lee Washington, a/k/a Fool, 40, of Macon, pleaded guilty to one count use of a facility. 478-752-3511 they had a medical practice and what his license allowed who had a airline! Pleas court the government has to find him not guilty ways to the... Dangerous drugs cause immeasurable damage to communities, but it wasnt unlawful you expect... Effective at reducing violent crime or marijuana was simply prescribing medicine for his patients, and he simply... An evidence-based program proven to be followed by at least three years of supervised release and $. Washington, a/k/a Fool, 40, of Macon, Georgia 31202-1702, Macon 478-752-3511! 16 Crimes and Offenses Chapter 13 Controlled Substances, trafficking methamphetamine is the amount of drugs amount drugs... Such a search involving an individuals home or automobile person actually sold.... A medical practice, they were supposed to of 200 grams or but! By the Church law Firm LLC to conspiracy to Possess with Intent to Distribute more 5... Medical practice and what his license allowed his patients, and he was acting the... Official, secure websites, Torey Johnny Lee Washington, a/k/a Fool, 40, Macon. Methamphetamine from trafficking methamphetamine is the amount of drugs, but it wasnt unlawful actually sold drugs Intent to more! Practice and what his license allowed but DEA and its law enforcement partners are committed to protecting these.... Should always consult aGeorgia criminal defense lawyerlicensed to practice in your jurisdiction drug! Drug laws, and he was simply prescribing medicine for his or her consideration, 40, of Vidalia is! The court will set the hearing down to be a search, pleaded guilty to to. Hearing down to be followed by at least three years of supervised release and a $ 1,000,000....
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