Drug trafficking charges are serious in Georgia and are nearly always prosecuted as a felony offense. These are some defenses. Possession of more than 1 ounce is a felony punishable by 1 to 10 years imprisonment. 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 . From December 2018 to February 2019, Summerford generally went to Duffy to resupply heroin approximately every four to five days and usually purchased approximately 142 grams on each trip. 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. 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. 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. Defending Georgia Drug Trafficking Cases by Winning Motions to Suppress Evidence. The first element is that there is an agreement to violate the drug laws, and that sounds pretty simple. Have a question about Government Services? 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. Ive been representing people in federal court over the past 20 years, and Ive handled a lot of federal drug conspiracy cases. There is no parole in the federal system. Look no further then Page Pate and Jess Johnson if you want the best trial lawyers to represent you! Criminal indictments contain only charges; defendants are presumed innocent unless and until proven guilty. 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. 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. 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. Attorneys Noah J . 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). If successful, a motion to suppress evidence will usually result in the dismissal of all drug charges well before trial. Trafficking methamphetamine can also have serious consequences and penalties. The operation, which started in mid-2019, targeted sources of illegal drugs brought into and distributed in the Macon area, and led to a series of searches in which large amounts of cocaine, crack cocaine, oxycodone, and marijuana were seized, along with nearly $97,000 in cash, a machine for pressing kilo-sized bricks of cocaine, money counters, scales, and drug packaging materials. For 200 to 400 grams, the sentence is a minimum of 15 years with a fine of $300,000. On February 22, 2019, pursuant to a valid federal search warrant, law enforcement searched Duffys narcotics sales location at his Sandy Springs home. Share sensitive information only on official, secure websites. If you have those two elements, then you have an entrapment defense, and its a very effective defense in trial. 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 of possession of cocaine with intent to distribute and one count of possession of cocaine base with intent to distribute; Antonio Raines, 37, of Warner Robins, is charged with one count of possession of a firearm in furtherance of a drug trafficking crime, one count of conspiracy to distribute controlled substances, one count of distribution of cocaine base and one count of possession of methamphetamine with intent to distribute; Latanya Williams, 39, of Warner Robins, is charged with one count of possession of a firearm in furtherance of a drug trafficking crime, one count of conspiracy to distribute controlled substances, one count of possession of cocaine with intent to distribute and one count of possession of cocaine base with intent to distribute; Brittany Smith, 28, of Warner Robins, is charged with one count of possession of a firearm in furtherance of a drug trafficking crime, one count of conspiracy to distribute controlled substances and one count of possession of methamphetamine with intent to distribute; Emanuel Ivey, 35, of Warner Robins, is charged with one count of possession of a firearm in furtherance of a drug trafficking crime, one count of conspiracy to distribute controlled substances and one count of possession of cocaine with intent to distribute; Armard Davis, 42, of Warner Robins, is charged with one count of conspiracy to distribute controlled substances and one count of possession of methamphetamine with intent to distribute; Joseph Day, 48, of Warner Robins, is charged with one count of conspiracy to distribute controlled substances and one count of distribution of cocaine base; Desmond Griffin, 29, of Warner Robins, is charged with one count of conspiracy to distribute controlled substances and one count of distribution of cocaine base; and. 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. There are several factors involved. Official websites use .govA .gov website belongs to an official government organization in the United States. 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. 16-13-30 left off. Secure .gov websites use HTTPSA lock ( 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. On the way back from purchasing heroin from Duffy on February 20, 2019, Summerfords van was stopped and the heroin was seized. 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. Share sensitive information only on official, secure websites. 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. 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). I represented a pilot who had a charter airline service. ) or https:// means youve safely connected to the .gov website. 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. The Georgia laws on drug trafficking can seem overly complicated, as the penalties for being caught trafficking vary not only on the type of drug but also on the amount and whether you have priors. 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. An individuals home receives greater protection under our Constitution than automobiles. Marshals Service, and prosecuted for the United States by Southern District of Georgia Assistant U.S. 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. 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 . Drug trafficking is a serious criminal charge based on certain quantities of illegal drugs. One way this may occur is when law enforcement exceeds the scope of the search warrant. To avoid accidentally committing a crime, it is wise to learn as much as you can about the drug trafficking laws in Georgia. The State generally has the burden of convincing the court that the drugs were the product of a lawful search. 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. So, even if an individual doesnt have drugs on them, they can still face drug crime charges. They are found in the Title 16 Crimes and Offenses Chapter 13 Controlled Substances. 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.) 16-13-31.1 criminalize the sale, manufacturing, delivery, or transportation into the state of controlled substances. 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. This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justices violent crime reduction efforts. 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. We will forever be grateful to them for all their hard work, compassion and dedication. PATRICK JOHNSON, 27, of Chicago, is charged with one count of murder in aid of racketeering. They are dangerous and threaten the safety of our communities, said Vic Reynolds, Director of the GBI. Attorneys Noah J. Abrams and OCDETF Coordinator Marcela C. Mateo. Their dedication and complete commitment to their client is beyond reproach. When not actively working cases, I review cases to ISO 17025 and ANAB standards; repair and coordinate shipment of equipment to the downrange labs; review policies, guidance, and procedures . The most strict penalties for trafficking marijuana, on the other hand, are measured in pounds. 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. 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. But if you have other questions, feel free to give us a call.. 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. As a general rule, probable cause is determined by the totality of the circumstances. The entrapment defense. Sometimes theyll say they had consent to search, the person agreed to it, but they really didnt. 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. Final Defendant Sentenced in Gang-Related South Georgia Meth-Trafficking Conspiracy Drug Enforcement Administration Robert J. Murphy, Jr. Special Agent in Charge Atlanta @DEAAtlantaDiv January 05, 2023 Contact: SA Crystal Harper Phone Number: (571) 362-3433 For Immediate Release As the source of the operation, Duffy fueled an epidemic and wreaked havoc in many communities. Lock If a defendant fails to file a motion to suppress evidence within this timeframe, he or she may waive the right to challenge the lawfulness of the search that led to the discovery of the contraband. That can be importing drugs, it can be distributing drugs, it can be possessing drugs with the intent to distribute. A total of 60 felony counts are alleged in the indictment. 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. 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. We get a lot of questions about the entrapment defense. 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) 2022 by The Church Law Firm LLC. to be charged with drug trafficking. They will walk you through each legal process, demonstrating professionalism while being aggressive advocates for you. He was simply prescribing medicine for his patients, and he was acting within the legitimate medical practice and what his license allowed. 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. Lock If caught with 2,000 pounds or more but less than 10,000 pounds of marijuana, a person faces a mandatory minimum of 7 years imprisonment and a $250,000.00 fine. 16-13-31(e), Trafficking morphine, opium,or heroin: O.C.G.A. ) or https:// means youve safely connected to the .gov website. Because of this, many counties have special units dedicated to stopping drug trafficking on the roadways. They can make a few phone calls and be part of a drug conspiracy. 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). 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. However, the quantity of marijuana being trafficked impacts the penalties, and even affects parole guidelines. Obie Wright, 66, of Warner Robins, is charged with one count of conspiracy to distribute controlled substances and two counts of distribution of cocaine base. 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 . Bear in mind that if you are charged with drug trafficking, you may face a mandatory minimum sentence. To put it another way, the officer must have a particularized and objective basis for suspecting the person of criminal activity. 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. If the search was conducted pursuant to a warrant, there are three primary ways to attack the lawfulness of the search. March 25, 2009 - Carrollton man and two truck drivers from San Antonio, TX arrested for trafficking in 740 pounds of marijuana. 16-13-31(c), if a person possesses, grows, brings into the state more than 10 pounds of marijuana, it is considered trafficking. Similarly, these numbers will also go up for every amount over 2,000 pounds. And so, while he actually helped them commit the offense, he wasnt aware of the unlawful plan,. In Georgia, a motion to suppress evidence must generally be filed within 10 days after the arraignment date. It can be manufacturing drugs. This affidavit is then submitted to the judge for his or her consideration. Let our team of Newnan drug trafficking lawyers help you through this difficult time. 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. 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