georgia drug trafficking cases

It is a Schedule I drug, considered the most dangerous with no medicinal value. They dont have a history of it, theres not other evidence to show they were interested in finding out about the drug business. At some point he knew about the plan, he agreed to get involved, and he helped out. Great example of this defense is a case I tried here in Atlanta a couple of years ago. To avoid accidentally committing a crime, it is wise to learn as much as you can about the drug trafficking laws in Georgia. Bear in mind that if you are charged with drug trafficking, you may face a mandatory minimum sentence. They dont have to show that a person even had drugs. 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. Under Georgia law O.C.G.A. I didnt go after them. The penalty for violating this statute depends on the type, the schedule the drug falls under, and amount of the drug. Its just a general understanding or plan between two or more people to do something that violates the federal drug laws. So there was no unlawful agreement. Individuals pulled over in their automobiles during a traffic stop do not enjoy the same level of protection and privacy. 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. 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. Probable cause to search an automobile exists when the facts and circumstances would lead a reasonably discreet and prudent man to believe that the contents of the vehicle offend the law. 16-13-2). They are found in the Title 16 Crimes and Offenses Chapter 13 Controlled Substances. 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. Because this analysis is subject to change depending upon recent cases and legal developments, you should not rely on this summary as legal advice. Attorneys Joseph McCool. Ive been representing people in federal court over the past 20 years, and Ive handled a lot of federal drug conspiracy cases. 16-13-31). In June 2019, investigators executed search warrants at eight houses used for stashing or distributing narcotics in Atlanta and Vidalia, seizing more than two kilos of cocaine, four kilos of marijuana, half a kilo of methamphetamine, more than two kilos of MDMA, pints of Codeine, 600 grams of Xanax, pill presses, and surveillance equipment. 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). Punishment for possessing or distributing Schedule I drugs is the most severe. For any offense after that, you can expect to receive between 10 and 40 years to life in prison. 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) Columbus: 706-649-7700. 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. Trafficking methamphetamine can also have serious consequences and penalties. Weve been able to throw out two cases based on improper wiretaps. A .gov website belongs to an official government organization in the United States. And then when they would distribute it in Atlanta, they would load it back up with cash, take it back to the Mexican border. 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. A person, if convicted, who purchases or possesses either a Schedule I or narcotic Schedule II drug is guilty of a felony and may be punished by imprisonment for 1-3 years (if less than 1 gram), 1-8 years (if more than 1 gram but less than 4 grams), or for 1-15 years (if more than 4 grams but less than 28 grams). In 2014, the Ministry of Internal Affairs seized approx. In the first one, they didnt have enough probable cause to get the wiretap. Official websites use .gov Discovery usually consists of police reports, drug lab reports, search warrants, arrest warrants, witness statements, and any video or audio recordings. And it is. 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. So lets say they go to trial. 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. Will it apply in my case? However, under O.C.G.A. If you are charged with trafficking cocaine, that is not merely a slap on the wrist. Even when a driver consents to his vehicle being searched, it may be possible to challenge the lawfulness of the search. ) or https:// means youve safely connected to the .gov website. On Saturday, January 14, a Columbus officer attempted to initiate a traffic stop in the area of Beacon . 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. 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. 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. But if you have other questions, feel free to give us a call.. And so, while he actually helped them commit the offense, he wasnt aware of the unlawful plan,. I represented a pilot who had a charter airline service. The stop cannot be arbitrary or harassing. 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. Possession of more than 1 ounce is a felony punishable by 1 to 10 years imprisonment. Initial appearances for the defendants occurred today before U.S. Magistrate Judge Charles H. Weigle. The first element of trafficking involves whether you: The second element involves possessing, manufacturing, delivering, or distributing a certain amount of a drug, which varies between the controlled substances. Share sensitive information only on official, secure websites. 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. As outlined below, Georgia law defines both these controversial elements very broadly in trafficking matters. It can be manufacturing drugs. The most strict penalties for trafficking marijuana, on the other hand, are measured in pounds. 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. 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 COLUMBUS, Ga. (WTVM) - A man was arrested on multiple charges during a drug bust in Columbus. 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. There is no parole in the federal system. 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. If that is the case, you can work with our law firm, and we can build a defense to help you get a . 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. On the way back from purchasing heroin from Duffy on February 20, 2019, Summerfords van was stopped and the heroin was seized. And even if you do that, it only protects you going forward. 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. 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. 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. This affidavit is then submitted to the judge for his or her consideration. To avoid the most serious penalties, hiring an experienced legal representative may be critical when you face a serious felony charge. 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, 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. If successful, a motion to suppress evidence will usually result in the dismissal of all drug charges well before trial. 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. 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. 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. According to Georgia law, selling drugs or trafficking a controlled substance can result in expensive drug charges that require substantial assistance. The community is much safer with these defendants behind bars., Illegal guns and drugs have no place in Georgia. There are several factors involved. 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. The investigation culminated in a sealed, 61-count federal indictment returned in January 2020 with 26 defendants charged. 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. A driver who exhibits nervousness, however, is generally not enough to establish probable cause. 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. Want to know how we win appeals in Georgia criminal cases? Heroin, morphine, and opium, however, can be harshly penalized for a mere four grams. 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 . For 14 to 28 grams, you can receive a sentence of ten years and a fine of $100,000. 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 Look no further then Page Pate and Jess Johnson if you want the best trial lawyers to represent you! To meet this burden, the State usually calls the arresting or searching officer to testify about the facts that gave rise to the search. This was a difficult case but due to the superb work of Page and Jess the charges were dropped. 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 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. We have successfully represented clients in serious criminal cases across the United States. watch thisvideo. So I thought it might be helpful to talk about the basics. What is a drug conspiracy? The amount of cocaine chosen as the dividing line between possession and trafficking is 28 grams. Assistant U.S. Attorney Robert McCullers is prosecuting the case. Criminal indictments contain only charges; defendants are presumed innocent unless and until proven guilty. 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. Number one, the person was not predisposed at being involved in a drug conspiracy. First, the District Attorney can file a motion asking the sentencing court to reduce or suspend a sentence if the defendant provides substantial assistance in the identification, arrest, or conviction of any other individuals involved in the drug operation. When trying to obtain a search warrant, law enforcement must prepare a supporting affidavit setting forth all relevant facts. As a general matter, possession of less than 1 ounce of marijuana is a misdemeanor (O.C.G.A. With respect to marijuana, it is illegal for a person to possess, have under their control, deliver, distribute, dispense, or possess with intent to distribute marijuana. 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. With so many recent changes in various state regulations, many people wonder, What amount of drugs is considered trafficking?. A West Liberty-are man sentenced to prison for drug trafficking was among the cases handled recently in Logan County Common Pleas Court. 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. After reviewing the discovery, a criminal defense attorney will decide whether to challenge the search by demanding that the court hold a hearing to determine the admissibility of the drugs. Share sensitive information only on official, secure websites. Properly filing and arguing a motion to suppress in a serious drug case could mean the difference between spending decades in prison and having the entire case dismissed. 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. Post Office Box 1702 If you are convicted of trafficking 28 grams or more, you face a sentence of 25 to 30 years and a $500,000 fine. Toussaint is among seven defendants awaiting sentencing, while three defendants are awaiting trial. As a general rule, probable cause is determined by the totality of the circumstances. Macon, Georgia 31202-1702, Macon: 478-752-3511 Sometimes theyll say they had consent to search, the person agreed to it, but they really didnt. Jackson pled guilty to Conspiracy to Possess with Intent to Distribute More Than 5 Grams of Methamphetamine, and Quantities of Marijuana and Cocaine. Lock 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. This field is for validation purposes and should be left unchanged. Disclaimer|Sitemap, Page Pate explains what happens in a federal criminal case Attorney Page Pate explains what happe, The Maritime Drug Law Enforcement Act (MDLEA) is a series of federal laws that allow the United, Accountability courts and pretrial diversion allow some people that have been charged with a fede, Earlier this week, a federal district court judge in Atlanta, Georgia sentenced our client to ti, Since the First Step Act of 2018 became law, thousands of federal inmates have been released earl, Investigators in at least one state have sought and received court authorization to wiretap commu. The drugs were hidden in such items as childrens backpacks and baby-formula bottles. They are dangerous and threaten the safety of our communities, said Vic Reynolds, Director of the GBI. There are several viable defenses available to a person charged with drug possession. Official websites use .govA .gov website belongs to an official government organization in the United States. In other words, marijuana smoke billowing from the window will give law enforcement probable to cause to search. Official websites use .gov 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. 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 HTTPS Drug trafficking charges are serious in Georgia and are nearly always prosecuted as a felony offense. Georgia drug trafficking laws carry significant penalties and there are many potentially aggravating factors. The indictments come after a two-year-long investigation titled "Operation Ghost Busted," which looked into gang-related drug trafficking plaguing the Brunswick, . 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. If the quantity of marijuana is is more than 10 pounds but less than 2,000 pounds, a person faces a mandatory minimum 5 years imprisonment and a $50,000.00 fine. 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. 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. Macon, Georgia 31202-1702, Macon: 478-752-3511 They also criminalize the mere possession of larger quantities of certain controlled substances, picking up where O.C.G.A. A person convicted of possessing a drug in Schedule III, IV, or V may be imprisoned for 1 to 5 years. Watch thisvideo. 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. 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. In some cases, the information submitted to the judge will be incomplete, false, stale, or obtained through unreliable sources. Call us or complete the form below. Have a question about Government Services? 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. You can also be charged with trafficking if you bring a large enough amount of a controlled substance from another country or state. 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. Post Office Box 1702 Secure .gov websites use HTTPSA lock ( Marietta Office Suites 55 Atlanta St. to be charged with drug trafficking. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Serving clients across the United States 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. The difference between possession or selling methamphetamine from trafficking methamphetamine is the amount of drugs. 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. 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 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. 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. An official website of the United States government. The first element is that there is an agreement to violate the drug laws, and that sounds pretty simple. They didnt seal the recordings like they were supposed to. 16-13-31(a), Trafficking marijuana: O.C.G.A. 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. BEST IN TOWN! 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. 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. A controlled substance is a drug, an immediate precursor or essential compound used to make a drug, or marijuana. 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. In Atlanta a couple of years ago receive a sentence of ten years and fine. 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