So he had no knowledge of the agreement, and the jury found him not guilty of all charges. A locked padlock He was simply prescribing medicine for his patients, and he was acting within the legitimate medical practice and what his license allowed. 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. If there is 10,000 pounds or more of marijuana, the person faces a mandatory minimum of 15 years imprisonment and a $1 million fine. The State generally has the burden of convincing the court that the drugs were the product of a lawful search. The penalty for violating this statute depends on the type, the schedule the drug falls under, and amount of the drug. As outlined below, Georgia law defines both these controversial elements very broadly in trafficking matters. Call us or complete the form below. Although all trafficking charges are somewhat dependent on the amount involved, according to the Georgia marijuana law, the amounts that result in significant penalties are much larger than other drugs. In 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.) Lock 16-13-31.1 criminalize the sale, manufacturing, delivery, or transportation into the state of controlled substances. 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 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. 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. I didnt go after them. 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. 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. 2022 by The Church Law Firm LLC. Secure .gov websites use HTTPSA lock ( 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. Albany: 229-430-7754 It is also illegal to manufacture, deliver, distribute, sell, or possess with intent to distribute any controlled substance (with limited exceptions). 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. Because of this, many counties have special units dedicated to stopping drug trafficking on the roadways. As the source of the operation, Duffy fueled an epidemic and wreaked havoc in many communities. 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. Jackson pled guilty to Conspiracy to Possess with Intent to Distribute More Than 5 Grams of Methamphetamine, and Quantities of Marijuana and Cocaine. Initial appearances for the defendants occurred today before U.S. Magistrate Judge Charles H. Weigle. You can also be charged with trafficking if you bring a large enough amount of a controlled substance from another country or state. 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. Bear in mind that if you are charged with drug trafficking, you may face a mandatory minimum sentence. 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. Toussaint is among seven defendants awaiting sentencing, while three defendants are awaiting trial. 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. By Page Pate. 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. It doesnt protect you from what you may have done with that group in the past. For any offense after that, you can expect to receive between 10 and 40 years to life in prison. We have successfully represented clients in serious criminal cases across the United States. 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. The following co-defendants have previously pleaded guilty for their crimes in federal court and are awaiting sentencing: Terrance Jackson, 43, of Macon, pleaded guilty to one count conspiracy to possess with intent to distribute heroin. A criminal defense lawyer 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. Sometimes theyll say they had consent to search, the person agreed to it, but they really didnt. Even though a judge signed off on it, the judge that handled the case said, I dont think there was sufficient probable cause here. They suppressed the wiretaps, they couldnt use them in trial. Drug trafficking charges in Georgia are a felony. In order to convict somebody in federal court of a drug conspiracy charge, the government has to prove two elements. Many Georgia drug trafficking cases originate on the highways. 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. 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. March 25, 2009 - Carrollton man and two truck drivers from San Antonio, TX arrested for trafficking in 740 pounds of marijuana. Its a Schedule II drug, and 28 grams was chosen as the threshold that can result in grave consequences. PATRICK JOHNSON, 27, of Chicago, is charged with one count of murder in aid of racketeering. The most strict penalties for trafficking marijuana, on the other hand, are measured in pounds. Also follow DEA Atlanta via Twitter at @DEAATLANTADiv. 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 community is much safer with these defendants behind bars., Illegal guns and drugs have no place in Georgia. The heroin that was seized at that time was tested at the Drug Enforcement Agency (DEA) Mid-Atlantic Laboratory and was positively identified as heroin weighing 98.47 grams. 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. So lets say they go to trial. Have a question about Government Services? The investigation culminated in a sealed, 61-count federal indictment returned in January 2020 with 26 defendants charged. 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. A traffic stop is only lawful where the officer had reasonable grounds based on specific and articulable facts for making the stop. You need to consider that in almost any drug case theres usually going to be a search. 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). The government does not have to show that a person actually sold drugs. Anderson faces a maximum sentence of four years in prison to be followed by three years of supervised release and a $250,000 fine. 16-13-30 left off. The U.S. Attorneys Office for the Middle District of Georgia is recused from the case, which is being prosecuted by the Southern District. 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. Finally, challenging an unlawful search or a wiretap. The first element is that there is an agreement to violate the drug laws, and that sounds pretty simple. Attorneys Joseph McCool. What is drug trafficking? Anyone charged with drug trafficking in Georgia will need a good criminal defense attorney to help navigate the process. Its just a general understanding or plan between two or more people to do something that violates the federal drug laws. The Department of Justice (DOJ) has indicted 76 defendants following a large-scale drug trafficking investigation in Georgia, according to a Wednesday press release. If the defect in the information submitted to the judge was necessary to find probable cause, the warrant will generally be voided by the court and any seized evidence will be suppressed. 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. This guide covers the basics of these laws and the penalties if someone violates them. 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. There are several viable defenses available to a person charged with drug possession. The State may also introduce the search warrant into evidence along with any other evidence it deems to be relevant. And then once the government realized that, they dismissed the case. We will contact you as soon as possible if we are able to help. Situations often arise where a driver of an automobile is taken into custody for a traffic infraction such as driving with a suspended license or DUI. Nathaniel Ripley, 41, was sentenced Wednesday, Jan. 4, by . 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. 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. 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. 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. Contact The Waltman Firm to schedule a consultation today! For 200 to 400 grams, the sentence is a minimum of 15 years with a fine of $300,000. For example, for cocaine, as little as 28 grams or a mixture that is at least ten percent cocaine can result in serious consequences. What usually happens in a Georgia criminal case? 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. 16-13-31 and O.C.G.A. These issues are absent in most drug trafficking cases. If you are charged with trafficking cocaine, that is not merely a slap on the wrist. Obtaining legal advice regarding the most current illegal drugs law can potentially save you money and trouble. 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. . That can be importing drugs, it can be distributing drugs, it can be possessing drugs with the intent to distribute. Read aboutour firms successin Georgia criminal cases. to be charged with drug trafficking. And then when they would distribute it in Atlanta, they would load it back up with cash, take it back to the Mexican border. 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. Secure .gov websites use HTTPS U.S. District Judge Marc Treadwell is presiding over the hearings. 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. The judge may also impose non-monetary restrictions (house arrest, no contact provisions, GPS ankle monitor, curfew, etc . Williams was in possession of approximately one ounce of methamphetamine and arrested. They are dangerous and threaten the safety of our communities. One of the most powerful tools a criminal defense lawyer has in a drug trafficking or possession case is the motion to suppress evidence. Case Update: Five of the eight individuals wanted by the #FBI for drug trafficking conspiracy in Georgia are in custody. 16-13-30 makes it illegal for a person to possess, purchase, or have under their control any controlled substance. The amount of cocaine chosen as the dividing line between possession and trafficking is 28 grams. COLUMBUS, Ga. (WTVM) - A man was arrested on multiple charges during a drug bust in Columbus. 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. POMEROY The Meigs County Sheriff's Department made two arrests in regards to the trafficking of illegal narcotics Sunday evening. All rights reserved. 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. Official websites use .gov In many consent cases, an officer will exceed the scope of the drivers consent. So when they go to trial, if they dont prove exactly whats in that indictment, then the jury cannot find the person guilty. 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 . An official website of the United States government. Will it apply in my case? Now he ran a medical practice and he prescribed pain medication, opioid pain medication, to a number of different patients for chronic pain. A locked padlock watch thisvideo. Weve also been successful suppressing wiretaps, and we see wiretaps now in almost every drug case. Some are truly illegal (like heroin) and some are legal with a valid prescription from a doctor. Those numbers go up with every amount over 200 grams. 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. If you are convicted of trafficking 28 grams or more, you face a sentence of 25 to 30 years and a $500,000 fine. Albany: 229-430-7754 Share sensitive information only on official, secure websites. Understanding whats going on, they say, Hey, I wanna be a part of this. Now thats it, just those two elements. 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. This was a difficult case but due to the superb work of Page and Jess the charges were dropped. Therefore, you should know what the various categories are and the penalties for each. The terms possess, purchase, and deliver all have their ordinary every day meaning. Marshals Service, and prosecuted for the United States by Southern District of Georgia Assistant U.S. Dews was sentenced to serve 20 months in prison to be followed by one year of supervised release on March 3, 2021; and. 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. 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. 16-13-31(c), if a person possesses, grows, brings into the state more than 10 pounds of marijuana, it is considered trafficking. Number one, the person was not predisposed at being involved in a drug conspiracy. There are defenses, and there are several that we have used effectively in court when were representing someone charged in a drug conspiracy case. BEST IN TOWN! 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. 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. If the government can prove both of these things then they can charge someone with a drug conspiracy. Share sensitive information only on official, secure websites. 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. 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 Georgia, a motion to suppress evidence must generally be filed within 10 days after the arraignment date. charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana. Lock They are found in the Title 16 Crimes and Offenses Chapter 13 Controlled Substances. Of all drug charges, trafficking is often considered the worst, a conviction of which carries significant prison time, parole, and huge fines. 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). However, under O.C.G.A. Criminal indictments contain only charges; defendants are presumed innocent unless and until proven guilty. 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. In drug possession cases, especially marijuana possession, proving the substance was illegal and establishing legal possession are the two biggest issues. 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. 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 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. 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. The operation, which started in mid-2019, targeted sources of illegal drugs brought into and distributed in the Macon area, and led to a series of searches in which large amounts of cocaine, crack cocaine, oxycodone, and marijuana were seized, along with nearly $97,000 in cash, a machine for pressing kilo-sized bricks of cocaine, money counters, scales, and drug packaging materials. The difference between possession or selling methamphetamine from trafficking methamphetamine is the amount of drugs. 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. 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. 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. 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.
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