There is very little difference between a trafficking charge and the lesser charge of O.C.G.A 16-13-30 (j) "Purchase, possession, manufacture, distribution, or sale of controlled substances or marijuana . 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. 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. For this quantity of cocaine the minimum prison sentence is 15 . A total of 60 felony counts are alleged in the indictment. Bear in mind that if you are charged with drug trafficking, you may face a mandatory minimum sentence. In entrapment, you basically have to show two things. If you are convicted of trafficking 28 grams or more, you face a sentence of 25 to 30 years and a $500,000 fine. There are several factors involved. 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. Understanding whats going on, they say, Hey, I wanna be a part of this. Now thats it, just those two elements. The drugs were hidden in such items as childrens backpacks and baby-formula bottles. 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. Now he faces many years in prison for the damage he has caused.. 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. In many consent cases, an officer will exceed the scope of the drivers consent. 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. According to Georgia law, selling drugs or trafficking a controlled substance can result in expensive drug charges that require substantial assistance. I didnt go after them. Individuals pulled over in their automobiles during a traffic stop do not enjoy the same level of protection and privacy. 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 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 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. August 2010 - Atlanta man, Marlon . The following co-defendants have previously pleaded guilty for their crimes in federal court and have been sentenced for their crimes: Chad Bresach, 38, of Eatonton, Georgia, pleaded guilty to one count distribution of heroin. Under Georgia law, there are five different schedules or groups of types of drugs. 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. 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. In a press release from the department, on Jan . A criminal defense lawyer may also challenge the lawfulness of the traffic stop itself. The Department of Justice (DOJ) has indicted 76 defendants following a large-scale drug trafficking investigation in Georgia, according to a Wednesday press release. When trying to obtain a search warrant, law enforcement must prepare a supporting affidavit setting forth all relevant facts. And then when they would distribute it in Atlanta, they would load it back up with cash, take it back to the Mexican border. An official website of the United States government. The amount of cocaine chosen as the dividing line between possession and trafficking is 28 grams. All rights reserved. If a hearing is requested, the court will set the hearing down to be heard on a specific date. 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. When law enforcement seizes a significant quantity of drugs, its typically the result of a search involving an individuals home or automobile. 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. Assistant U.S. Attorney Alex Kalim is prosecuting the case. According to the ministry, at the time, that was the largest amount of drugs seized in Georgia. 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. If you need the best, then hire the best! Want to know how we win appeals in Georgia criminal cases? And then once the government realized that, they dismissed the case. Its just a general understanding or plan between two or more people to do something that violates the federal drug laws. | July 13, 2013. There are several viable defenses available to a person charged with drug possession. In some cases, the government will have a warrant, in some cases they wont. Obtaining legal advice regarding the most current illegal drugs law can potentially save you money and trouble. 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. The defendants charged in the 24-count indictment, most of whom have made initial court appearances, include: Prentice Bond, a/k/a P, a/k/a Peze, 35, of Macon, charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana; Distribution of Cocaine; two counts of Distribution of 28 Grams or More of Cocaine; Possession with Intent to Distribute Cocaine, 28 Grams or More of Crack Cocaine, and a Quantity of Marijuana; Possession with Intent to Distribute Marijuana; Possession of a Firearm by a Convicted Felon; Possession of a Firearm in Furtherance of a Drug Trafficking Crime; and Maintaining a Drug-Involved Premises; Travis Robinson, a/k/a T-Roc, 45, of Fairburn, Ga., charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana; two counts of Possession of a Firearm by a Convicted Felon; two counts of Possession of a Firearm in Furtherance of a Drug Trafficking Crime; and Maintaining a Drug-Involved Premises; Xavier Cross, a/k/a Ro, a/k/a Kairo, 45, or Macon, charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana; three counts of Distribution of Cocaine; two counts of Distribution of 28 Grams or More of Cocaine; Possession with Intent to Distribute Marijuana; Possession with Intent to Distribute 500 Grams or More of Cocaine, and a Quantity of Oxycodone; Possession with Intent to Distribute Cocaine and Marijuana; two counts of Possession of a Firearm in Furtherance of a Drug Trafficking Crime; two counts of Possession of a Firearm by a Convicted Felon; and two counts of Maintaining a Drug-Involved Premises; Charles Seang, 28, of Lilburn, Ga., charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana; Chester Hall, a/k/a Cheeseburger, a/k/a Cheese, 40, of Macon, charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana; Possession with Intent to Distribute Marijuana; Possession with Intent to Distribute Cocaine and Marijuana; Possession with Intent to Distribute 500 Grams or More of Cocaine, and a Quantity of Oxycodone; Possession with Intent to Distribute Cocaine and Marijuana; Possession of a Firearm in Furtherance of a Drug Trafficking Crime; and Maintaining a Drug-Involved Premises; Geneva Harvey, 39, of Macon, charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana; Possession with Intent to Distribute Marijuana; two counts of Possession of a Firearm in Furtherance of a Drug Trafficking Crime; two counts of Possession of a Firearm by a Convicted Felon; and Maintaining a Drug-Involved Premises; Shaneka Jackson, 43, of Macon, charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana; Possession with Intent to Distribute Cocaine, 28 Grams or More of Crack, and a Quantity of Marijuana; Possession of a Firearm in Furtherance of a Drug Trafficking Crime; and Possession of a Firearm by a Convicted Felon; Rodreco Jones, a/k/a Freako, a/k/a Rico, 39, of Macon, charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana; Earnest Milline, a/k/a Rome, a/k/a Jerome, 62, of Macon, charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana; two counts of Distribution of Cocaine; and Possession with Intent to Distribute Marijuana; Morgan Allison, 22, of Macon, charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana; Possession with Intent to Distribute Cocaine; and Possession of a Firearm in Furtherance of a Drug Trafficking Crime; George Leverett, 28, Macon, charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana; and. 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). 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 State generally has the burden of convincing the court that the drugs were the product of a lawful search. 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. 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. A locked padlock Duffy admitted that he conspired with others to possess with intent to distribute between one and three kilograms of heroin, or enough heroin to provide more than 10,000-30,000 doses, from December 2018 to February 2019. Drug trafficking charges are serious in Georgia and are nearly always prosecuted as a felony offense. The stop cannot be arbitrary or harassing. Furthermore, for larger quantities of certain types of drugs, a person may also be charged with drug trafficking (O.C.G.A. 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. Initial appearances for the defendants occurred today before U.S. Magistrate Judge Charles H. Weigle. Lock For any offense after that, you can expect to receive between 10 and 40 years to life in prison. That can be importing drugs, it can be distributing drugs, it can be possessing drugs with the intent to distribute. 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. U.S. District Judge Marc Treadwell is presiding over the hearings. 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Serving clients across the United States 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 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. Discovery usually consists of police reports, drug lab reports, search warrants, arrest warrants, witness statements, and any video or audio recordings. The government does not have to show that a person actually sold drugs. 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. 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. 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. 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. Extra to the new charges against these suspected child rapists who frequently hashtagged their social media posts #gayfamily," there are now indications they may have trafficked the young boys to fellow pedophiles. So he had no knowledge of the agreement, and the jury found him not guilty of all charges. 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. The number of illegally possessed firearms seized in this case also provides a glimpse into the dangerous underworld of narcotics trafficking.. Investigators also seized 39 illegally possessed firearms, ranging from pistols and shotguns to assault-style rifles. 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. There is no parole in the federal system. Ive been representing people in federal court over the past 20 years, and Ive handled a lot of federal drug conspiracy cases. Criminal indictments contain only charges; defendants are presumed innocent unless and until proven guilty. 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. 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. 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 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. Call us or complete the form below. Again, a federal judge threw out those wiretaps and we were able to resolve the case. Of all drug charges, trafficking is often considered the worst, a conviction of which carries significant prison time, parole, and huge fines. With so many recent changes in various state regulations, many people wonder, What amount of drugs is considered trafficking?. Help locate the three that are still wanted . One of the most powerful tools a criminal defense lawyer has in a drug trafficking or possession case is the motion to suppress evidence. 16-13-31.1 criminalize the sale, manufacturing, delivery, or transportation into the state of controlled substances. Under Georgia law O.C.G.A. A traffic stop is only lawful where the officer had reasonable grounds based on specific and articulable facts for making the stop. 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. If you have been charged with a serious drug offense in Atlanta, or anywhere else in Georgia, it is imperative that you retain an aggressive Atlanta criminal defense attorney experienced in filing and arguing motions to suppress evidence. Official websites use .gov 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. 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. 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. 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. 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. We represent clients in Atlanta and throughout the state of Georgia. Read aboutour firms successin Georgia criminal cases. 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. 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. 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 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. 16-13-31 and O.C.G.A. Clearly those individuals were part of a drug conspiracy. If convicted of a second or subsequent offense, he may be imprisoned for 10 to 40 years. 16-13-31(e), Trafficking morphine, opium,or heroin: O.C.G.A. Another defense, which is also a little complicated and difficult to use, is that the person withdrew from the conspiracy. During December 2018 and January 2019, Duffy sold heroin from a trap house located in an Atlanta apartment. One defendant, Torey Johnny Lee Washington, a/k/a Fool, 40, of Vidalia, is a fugitive. A locked padlock 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. 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. Sometimes theyll say they had consent to search, the person agreed to it, but they really didnt. POMEROY The Meigs County Sheriff's Department made two arrests in regards to the trafficking of illegal narcotics Sunday evening. A search warrant must also particularly describe the place to be searched and the person or things to be seized. A locked padlock They are dangerous and threaten the safety of our communities. Under Georgias drug trafficking laws, you face a significant possibility of lengthy prison time if you are caught with a large enough amount of a controlled substance that you intend to distribute. For example, for cocaine, as little as 28 grams or a mixture that is at least ten percent cocaine can result in serious consequences. Anderson faces a maximum sentence of four years in prison to be followed by three years of supervised release and a $250,000 fine. 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. Some are truly illegal (like heroin) and some are legal with a valid prescription from a doctor. 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. Because of this, many counties have special units dedicated to stopping drug trafficking on the roadways. Trafficking methamphetamine can also have serious consequences and penalties. 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. 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.. Because this analysis is subject to change depending upon recent cases and legal developments, you should not rely on this summary as legal advice. Weve been able to throw out two cases based on improper wiretaps. 16-13-30 left off. A West Liberty-are man sentenced to prison for drug trafficking was among the cases handled recently in Logan County Common Pleas Court. 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