georgia drug trafficking casesgeorgia drug trafficking cases

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. Due to the superb work of Page and Jess, the charges were dropped. You can also be charged with trafficking if you bring a large enough amount of a controlled substance from another country or state. In a press release from the department, on Jan . For 200 to 400 grams, the sentence is 15 to 30 years with a fine of $300,000. to be charged with drug trafficking. One defendant, Torey Johnny Lee Washington, a/k/a Fool, 40, of Vidalia, is a fugitive. BEST IN TOWN! Those numbers go up with every amount over 200 grams. They have evidence that an individual is involved in the drug business, but they have charged him with a bunch of people that he didnt know. 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. All rights reserved. And so, while he actually helped them commit the offense, he wasnt aware of the unlawful plan,. 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. 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. ) or https:// means youve safely connected to the .gov website. In 2014, the Ministry of Internal Affairs seized approx. For this quantity of cocaine the minimum prison sentence is 15 . 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. 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. They are dangerous and threaten the safety of our communities, said Vic Reynolds, Director of the GBI. We will contact you as soon as possible if we are able to help. 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. They kept on after the person. Manufacture means the production, preparation, compounding, conversion, or processing of a controlled substance by extracting components of a substances natural origin or by chemical synthesis. 16-13-31(b). We dont think these people really need it, and so you violated the federal drug laws. Well, we were able to show the government that there was no unlawful agreement. 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. For 2,000 to 10,000 pounds, you can be sentenced to seven to thirty years in prison and a fine of $250,000. Ryan Brown handles drug trafficking cases across the state of Georgia. It doesnt protect you from what you may have done with that group in the past. In other words, marijuana smoke billowing from the window will give law enforcement probable to cause to search. Post Office Box 1702 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. Georgia drug trafficking laws regulate the manufacture, distribution, delivery, and sale of controlled substances. And even if you do that, it only protects you going forward. 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. 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. We will forever be grateful to them for all their hard work, compassion and dedication. The heroine has probably the most unforgiving sentencing scheme. Albany: 229-430-7754 On the way back from purchasing heroin from Duffy on February 20, 2019, Summerfords van was stopped and the heroin was seized. We will continue to work diligently along with our local and federal partners to investigate and dismantle drug trafficking organizations.. The difference between drug trafficking and other drug crimes like drug possession, drug distribution or drug manufacturing is thequantityof drugs involved in the offense. 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. If you or someone you know is facing a charge like this, I hope this has answered some of your questions. Official websites use .govA .gov website belongs to an official government organization in the United States. There is no requirement that the person actually has to handle any drugs. 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. "Today, the Justice Department has taken several significant enforcement actions to disrupt large-scale illegal gun and drug . 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. A total of 60 felony counts are alleged in the indictment. The first element is that there is an agreement to violate the drug laws, and that sounds pretty simple. 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. watch thisvideo. Call us or complete the form below. But, in some cases, a judge can depart from the mandatory minimum term of imprisonment if, for example, the persons criminal conduct didnt result in death or serious injury, or they didnt possess a dangerous weapon or a firearm at the time when the crime was committed. 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. There are others, it all depends on the specific facts of the case. 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. 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. Share sensitive information only on official, secure websites. 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) 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. Drug trafficking is a significant problem in Georgia because it is one of the top five states for illegal drug use. The lawfulness of such a search depends heavily on how the search is characterized. Under Georgia law O.C.G.A. 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 a hearing is requested, the court will set the hearing down to be heard on a specific date. They had nothing to do with drugs until the government came along, either an undercover agent or an informant, and they went after this individual and tried to convince them to get involved. 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. On February 22, 2019, pursuant to a valid federal search warrant, law enforcement searched Duffys narcotics sales location at his Sandy Springs home. Its a Schedule II drug, and 28 grams was chosen as the threshold that can result in grave consequences. 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 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. Also follow DEA Atlanta via Twitter at @DEAATLANTADiv. The Justice Department announced the arrest of more than 110 people on gun and drug charges in three states. 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. If a person is convicted of drug trafficking, he or she may face spending years in prison, having valuable assets taken away, and paying hefty fines, all in addition to having his or her own personal reputation and relationships compromised. 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. Drug trafficking laws in Georgia impose mandatory federal minimum sentences if convicted of this crime. This guide covers the basics of these laws and the penalties if someone violates them. If you are charged with trafficking cocaine, that is not merely a slap on the wrist. Marietta Office Suites 55 Atlanta St. To avoid accidentally committing a crime, it is wise to learn as much as you can about the drug trafficking laws in Georgia. 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. An official website of the United States government. 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. 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. 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. A Winsted, Connecticut, man pleaded guilty today to participating in a conspiracy to distribute fentanyl over the darknet. Attorneys Noah J . 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. That means the State of Georgia applies a federal mandatory minimum sentence when it comes to drug crimes. Because there is a larger amount of drugs involved in a trafficking case, drug trafficking charges can carry serious mandatory minimum prison sentences that usually increase with the quantity of the drugs. According to Georgia Code 16-13-31 and 16-13-31.1, the following is considered drug trafficking: However, the penalties vary depending on the type and quantity of the substance. 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. The distribution of dangerous substances like, cocaine, crack, and marijuana continue to plague many communities. Bear in mind that if you are charged with drug trafficking, you may face a mandatory minimum sentence. 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. Depending on the amount of marijuana involved, a conviction may result in a prison sentence with the term of imprisonment increasing beyond the mandatory minimum sentence with the quantity being moved. As a general rule, probable cause is determined by the totality of the circumstances. 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. As the source of the operation, Duffy fueled an epidemic and wreaked havoc in many communities. There are defenses, and there are several that we have used effectively in court when were representing someone charged in a drug conspiracy case. 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. A lock ( Investigators also seized 39 illegally possessed firearms, ranging from pistols and shotguns to assault-style rifles. 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. In early February 2019, Duffy moved into a house in Sandy Springs, Georgia, and used that residence to sell heroin. 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. The person being charged, while there may be an agreement, he doesnt know about it. Macon, Georgia 31202-1702, Macon: 478-752-3511 If convicted of a second or subsequent offense, he may be imprisoned for 10 to 40 years. 16-13-31(c), if a person possesses, grows, brings into the state more than 10 pounds of marijuana, it is considered trafficking. 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). Williams was in possession of approximately one ounce of methamphetamine and arrested. So he had no knowledge of the agreement, and the jury found him not guilty of all charges. 16-13-30 makes it illegal for a person to possess, purchase, or have under their control any controlled substance. 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. Also follow DEA Atlanta via Twitter at @DEAATLANTADiv. Obviously there was an agreement. 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. They didnt seal the recordings like they were supposed to. 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. Therefore, you should know what the various categories are and the penalties for each. Criminal indictments contain only charges; defendants are presumed innocent unless and until proven guilty. Marshals Service, and prosecuted for the United States by Southern District of Georgia Assistant U.S. 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 government does not have to show that a person actually sold drugs. These issues are absent in most drug trafficking cases. Marshals Service, and prosecuted for the United States by Southern District of Georgia Assistant U.S. The way to challenge that is by filing a motion early in the case, getting a hearing, and then showing the judge that the search was unlawful. Under Georgia law, it is illegal to possess, manufacture, deliver, distribute or possess with intent to distribute any controlled substance (O.C.G.A. All rights reserved. So there was no unlawful agreement. This field is for validation purposes and should be left unchanged. 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. We represent clients in Atlanta and throughout the state of Georgia. Its a different conspiracy, and so the jury has to find him not guilty. For example, for cocaine, as little as 28 grams or a mixture that is at least ten percent cocaine can result in serious consequences. 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). Have a question about Government Services? They tried to sell me drugs. Discovery usually consists of police reports, drug lab reports, search warrants, arrest warrants, witness statements, and any video or audio recordings. 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 driver who exhibits nervousness, however, is generally not enough to establish probable cause. One of the most powerful tools a criminal defense lawyer has in a drug trafficking or possession case is the motion to suppress evidence. In some cases, the information submitted to the judge will be incomplete, false, stale, or obtained through unreliable sources. There is no parole in the federal system. They also criminalize the mere possession of larger quantities of certain controlled substances, picking up where O.C.G.A. MACON, GA - Twelve defendants have been charged in a newly unsealed federal indictment alleging a middle Georgia drug trafficking conspiracy. A search warrant must also particularly describe the place to be searched and the person or things to be seized. The judge may also impose non-monetary restrictions (house arrest, no contact provisions, GPS ankle monitor, curfew, etc . 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. Its just a general understanding or plan between two or more people to do something that violates the federal drug laws. The entrapment defense. Weve done that in many cases, and usually because the evidence that they find during the search is so important, if we can keep that out, the case will be dismissed. The State generally has the burden of convincing the court that the drugs were the product of a lawful search. 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. An official website of the United States government. Understanding whats going on, they say, Hey, I wanna be a part of this. Now thats it, just those two elements. Now he faces many years in prison for the damage he has caused.. In the vast majority of cases involving the search of a home, law enforcement is required to obtain a valid warrant before setting foot inside of the home. Anderson faces a maximum sentence of four years in prison to be followed by three years of supervised release and a $250,000 fine. 16-13-31.1 criminalize the sale, manufacturing, delivery, or transportation into the state of controlled substances. A .gov website belongs to an official government organization in the United States. 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. 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. A good example of that is a case I handled just last year representing a doctor who worked at a pain clinic. 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. In entrapment, you basically have to show two things. The charges of possession of cocaine with intent to distribute and possession of cocaine base with intent to distribute each carry a mandatory minimum sentence of five years up to a maximum sentence of 40 years and a $5,000,000 fine. Finally, challenging an unlawful search or a wiretap. During December 2018 and January 2019, Duffy sold heroin from a trap house located in an Atlanta apartment. If successful, a motion to suppress evidence will usually result in the dismissal of all drug charges well before trial. Another high-profile case also involving Georgia took place in 2014. Our lawyers are licensed to practice in all state and federal courts in Georgia. In Georgia, a motion to suppress evidence must generally be filed within 10 days after the arraignment date. The Supreme Court has carved out an exception to the warrant requirement known as the automobile exception. We will contact you as soon as possible if we are able to help. Share sensitive information only on official, secure websites. 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(a), Trafficking marijuana: O.C.G.A. The first obvious defense is that theres no unlawful agreement. And then when they would distribute it in Atlanta, they would load it back up with cash, take it back to the Mexican border. 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.. 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. One way this may occur is when law enforcement exceeds the scope of the search warrant. 16-13-30). 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. They dont have a history of it, theres not other evidence to show they were interested in finding out about the drug business. Share sensitive information only on official, secure websites. Heroin, morphine, and opium, however, can be harshly penalized for a mere four grams. In Cobb County, bonds for trafficking range from $65,000 up to $125,000. Of all drug charges, trafficking is often considered the worst, a conviction of which carries significant prison time, parole, and huge fines. 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. 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. Lock 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 . Obtaining legal advice regarding the most current illegal drugs law can potentially save you money and trouble. 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 Search or a wiretap Georgia drug trafficking is a significant problem in Georgia handle any drugs known the. The indictment money and trouble to be searched and the penalties if someone violates them actions to disrupt large-scale gun... Not merely a slap on the wrist most drug trafficking or possession case is motion. ; defendants are presumed innocent unless and until proven guilty maximum 20 years in prison to be seized cocaine..., distribution, delivery, and prosecuted for the United States by Southern District Georgia... Have to show the government that there was no unlawful agreement 30 years with a fine of $.. 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