All rights reserved. In some cases, the information submitted to the judge will be incomplete, false, stale, or obtained through unreliable sources. 16-13-2). 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. Or, in other words, either actual or constructive possession will be enough to establish the possession needed to support a drug trafficking charge. 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. 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 . 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. They are dangerous and threaten the safety of our communities. According to the ministry, at the time, that was the largest amount of drugs seized in Georgia. Operation Breaking the Bond is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. The large-scale operation in Georgia, West Virginia and New York follows recent efforts to combat violent crimes and keep repeat offenders behind bars. These issues are absent in most drug trafficking cases. If you or someone you know is facing a charge like this, I hope this has answered some of your questions. So there was no unlawful agreement. We represent clients in Atlanta and throughout the state of Georgia. 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 Trafficking generally includes allegations that an individual possesses, sells, distributes or manufactures a large amount of illegal drugs. The difference between drug trafficking and other drug crimes - like drug possession, drug distribution or drug manufacturing - is the quantity of drugs involved in the offense. The wiretap investigation ultimately led to the discovery of Duffy being the source of heroin supply. We will forever be grateful to them for all their hard work, compassion and dedication. 2.79 tons of liquid heroin from a lorry that entered Georgia from Azerbaijan. In the first one, they didnt have enough probable cause to get the wiretap. 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. 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 only exceptions to this rule are if the home owner gives consent to the search or if exigent circumstances (some immediate emergency requiring swift action) exist. They didnt seal the recordings like they were supposed to. And so, while he actually helped them commit the offense, he wasnt aware of the unlawful plan,. 2022 by The Church Law Firm LLC. 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. 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. 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. 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. 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. Because of the absurdly high mandatory minimum sentences for trafficking, your sentence could be substantially higher than it would be if the case were in federal court. Bear in mind that if you are charged with drug trafficking, you may face a mandatory minimum sentence. 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 These violent, gang-related drug dealers can no longer peddle poison in Vidalia, Ga., and the surrounding community, said Robert J. Murphy, Special Agent in Charge of the Drug Enforcement Administration (DEA) Atlanta Field Division. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. He had been flying two folks from the Mexican border to Atlanta back and forth many times. 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. Se Habla Espaol, 101 Marietta Street NWSuite 3300Atlanta, GA 30303(404) 223-3310, 2022 by The Church Law Firm LLC. If you live in the state of Georgia, you are probably familiar with many of the controlled substance regulations, but if you are visiting or passing through, you should have a basic understanding of the Georgia drug trafficking laws. A traffic stop is only lawful where the officer had reasonable grounds based on specific and articulable facts for making the stop. An official website of the United States government. Official websites use .govA .gov website belongs to an official government organization in the United States. 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. 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. 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. Marshals Service, and prosecuted for the United States by Southern District of Georgia Assistant U.S. 2022 by The Church Law Firm LLC. 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. In many consent cases, an officer will exceed the scope of the drivers consent. For example, for cocaine, as little as 28 grams or a mixture that is at least ten percent cocaine can result in serious consequences. So, even if an individual doesnt have drugs on them, they can still face drug crime charges. 16-13-30 left off. 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. A West Liberty-are man sentenced to prison for drug trafficking was among the cases handled recently in Logan County Common Pleas Court. DEFINITION OF TRAFFICKING MARIJUANA. In order to convict somebody in federal court of a drug conspiracy charge, the government has to prove two elements. Albany: 229-430-7754 At some point after the arraignment the State will provide the defendants lawyer with the discovery in the case. As announced in a Jan. 11, 2023, multi-agency news conference held at Glynn County Police Department Headquarters [] Individuals pulled over in their automobiles during a traffic stop do not enjoy the same level of protection and privacy. Secure .gov websites use HTTPS You can also be charged with trafficking if you bring a large enough amount of a controlled substance from another country or state. Its a different conspiracy, and so the jury has to find him not guilty. The terms possess, purchase, and deliver all have their ordinary every day meaning. 16-13-30 makes it illegal for a person to possess, purchase, or have under their control any controlled substance. Now notice whats missing here. For 14 to 28 grams, you can receive a sentence of ten years and a fine of $100,000. 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 entrapment defense. watch thisvideo. 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. 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. Dews was sentenced to serve 20 months in prison to be followed by one year of supervised release on March 3, 2021; and. 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 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. 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. Trafficking methamphetamine can also have serious consequences and penalties. 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. Secure .gov websites use HTTPSA lock ( 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. There are several factors involved. If a hearing is requested, the court will set the hearing down to be heard on a specific date. Possession of more than 1 ounce is a felony punishable by 1 to 10 years imprisonment. Eight men and four women are charged as part of Operation Breaking the Bond, an Organized Crime Drug Enforcement Task Force investigation centered in the Bibb County area, said David H. Estes, Acting U.S. Attorney for the Southern District of Georgia. 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. Heroin, morphine, and opium, however, can be harshly penalized for a mere four grams. In December 2017, following the arrest of a heroin dealer in Macon, federal and local law enforcement began investigating heroin distribution by co-defendant Summerford. In Cobb County, bonds for trafficking range from $65,000 up to $125,000. Post Office Box 1702 Under the law, there are two types of possession. As described in the recently unsealed indictment, each of the 12 defendants is charged with Conspiracy to Possess with Intent to Distribute and to Distribute Controlled Substances, including 5 kilograms or more of cocaine; 28 grams or more of crack cocaine; and a quantity of marijuana. 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. Because this analysis is subject to change depending upon recent cases and legal developments, you should not rely on this summary as legal advice. So lets say they go to trial. If you are convicted of 400 grams or more, you face a minimum prison sentence of 25 years and a $1,000,000 fine. There are others, it all depends on the specific facts of the case. It is also illegal to manufacture, deliver, distribute, sell, or possess with intent to distribute any controlled substance (with limited exceptions). 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. 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. Perhaps they made a call and suggested a drug deal, and he turned them down but they came back again. The drugs were hidden in such items as childrens backpacks and baby-formula bottles. Ive been representing people in federal court over the past 20 years, and Ive handled a lot of federal drug conspiracy cases. 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. If the search was conducted pursuant to a warrant, there are three primary ways to attack the lawfulness of the search. Another high-profile case also involving Georgia took place in 2014. Of all drug charges, trafficking is often considered the worst, a conviction of which carries significant prison time, parole, and huge fines. Share sensitive information only on official, secure websites. To avoid the most serious penalties, hiring an experienced legal representative may be critical when you face a serious felony charge. They had a medical practice, they were prescribing drugs, but it wasnt unlawful. 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. This was a difficult case but due to the superb work of Page and Jess the charges were dropped. 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. 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. The amount of cocaine chosen as the dividing line between possession and trafficking is 28 grams. 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. Again, a federal judge threw out those wiretaps and we were able to resolve the case. 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. Share sensitive information only on official, secure websites. Trafficking generally includes allegations that an individual possesses, sells, distributes or manufactures a large amount of illegal drugs. One way this may occur is when law enforcement exceeds the scope of the search warrant. PSN is an evidence-based program proven to be effective at reducing violent crime. 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. But those are the basic elements and defenses involved in a federal drug conspiracy charge. Michael Duffy, 43, of Sandy Springs, Georgia, pleaded guilty to one count conspiracy to possess with intent to distribute heroin on Thursday, May 20. MACON, GA - Twelve defendants have been charged in a newly unsealed federal indictment alleging a middle Georgia drug trafficking conspiracy. 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). We will continue to work diligently along with our local and federal partners to investigate and dismantle drug trafficking organizations.. 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. For any offense after that, you can expect to receive between 10 and 40 years to life in prison. 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. 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. Another defense, which is also a little complicated and difficult to use, is that the person withdrew from the conspiracy. 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 most strict penalties for trafficking marijuana, on the other hand, are measured in pounds. They dont have to show that a person even had drugs. Defending Georgia Drug Trafficking Cases by Winning Motions to Suppress Evidence. Official websites use .gov The Supreme Court has carved out an exception to the warrant requirement known as the automobile exception. 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. SE, Suite #417 Marietta, GA 30060, Title 16 Crimes and Offenses Chapter 13 Controlled Substances, Trafficking cocaine: O.C.G.A. 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. An official website of the United States government. The first obvious defense is that theres no unlawful agreement. By removing the most serious charges, you may be able to avoid the harshest sentences. | July 13, 2013. The difference between drug trafficking and other drug crimes like drug possession, drug distribution or drug manufacturing is thequantityof drugs involved in the offense. 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. It is also possible for a search warrant to be valid but the resulting search to be nonetheless unlawful. They are found in the Title 16 Crimes and Offenses Chapter 13 Controlled Substances. Georgia drug trafficking laws regulate the manufacture, distribution, delivery, and sale of controlled substances. Georgia Drug Trafficking Charges O.C.G.A. Horrific new details have emerged in the case of the LGBT activist couple arrested in Georgia this past summer on suspicion of using their two adopted children to make child porn.. to be charged with drug trafficking. Post Office Box 1702 They also criminalize the mere possession of larger quantities of certain controlled substances, picking up where O.C.G.A. 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 A few common defenses include: The information provided above is a very general summary of Georgia drug trafficking and possession law at the time this text was prepared. A search warrant must also particularly describe the place to be searched and the person or things to be seized. 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. It's free to sign up and bid on jobs. 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. ) or https:// means youve safely connected to the .gov website. It is a Schedule I drug, considered the most dangerous with no medicinal value. I didnt go after them. An indictment is only an allegation of criminal conduct, and the defendant is presumed innocent until and unless proven guilty in a court of law beyond a reasonable doubt. 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. Case Update: Five of the eight individuals wanted by the #FBI for drug trafficking conspiracy in Georgia are in custody. Our lawyers are licensed to practice in all state and federal courts in Georgia. Contact The Waltman Firm to schedule a consultation today! What is Drug Trafficking? The judge may also impose non-monetary restrictions (house arrest, no contact provisions, GPS ankle monitor, curfew, etc . Similarly, these numbers will also go up for every amount over 2,000 pounds. The punishment for trafficking or distributing drugs in any of these schedules is 1 to 10 years imprisonment. Sometimes theyll say they had consent to search, the person agreed to it, but they really didnt. Another defense is that there is no knowledge of the agreement. I represented a pilot who had a charter airline service. 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. 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. 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. Disclaimer|Sitemap. 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