16-13-30 makes it illegal for a person to possess, purchase, or have under their control any controlled substance. Law enforcement successfully stopped what was a steady flow of heroin from an Atlanta-based supplier into the Macon community, undoubtedly saving lives, said Acting U.S. Attorney Peter D. Leary. 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. Well, in that case the government may have shown that hes involved in drugs, but hes not a part of that conspiracy. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Serving clients across the United States If you are charged with trafficking cocaine, that is not merely a slap on the wrist. What usually happens in a Georgia criminal case? 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. It doesnt protect you from what you may have done with that group in the past. The most common drugs in each schedule are as follows: O.C.G.A. Also follow DEA Atlanta via Twitter at @DEAATLANTADiv. At some point after the arraignment the State will provide the defendants lawyer with the discovery in the case. 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. In some cases, the information submitted to the judge will be incomplete, false, stale, or obtained through unreliable sources. If you've been charged with drug trafficking in Georgia, it's in your best interests to contact a local drug crime attorney who can help you understand and potentially challenge the most complicated aspects of the charges, such as determining whether the quantity of drugs amounts to trafficking. The operation is being investigated by the U.S. Drug Enforcement Administration, the FBI, the Georgia Bureau of Investigation, the Bibb County Sheriff's Office Narcotics Unit, the Peach County Sheriff's 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. There is no parole in the federal system. To put it another way, the officer must have a particularized and objective basis for suspecting the person of criminal activity. Major South Georgia drug trafficker sentenced to nearly two decades in federal prison Drug Enforcement Administration Robert J. Murphy, Jr. Special Agent in Charge Atlanta @DEAAtlantaDiv October 13, 2020 Contact: Chuvalo Truesdell Phone Number: (571) 362-3517 For Immediate Release The heroine has probably the most unforgiving sentencing scheme. 16-13-2). Understanding whats going on, they say, Hey, I wanna be a part of this. Now thats it, just those two elements. The 118-count, 133-page indictment charges the 76 suspects with involvement in a drug trafficking conspiracy that distributed large amounts of methamphetamine, fentanyl, heroin and alprazolam in . Ryan Brown handles drug trafficking cases across the state of Georgia. Defending Georgia Drug Trafficking Cases by Winning Motions to Suppress Evidence. 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. According to Georgia law, selling drugs or trafficking a controlled substance can result in expensive drug charges that require substantial assistance. 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. If you are convicted of 400 grams or more, you face a minimum prison sentence of 25 years and a $1,000,000 fine. The person being charged, while there may be an agreement, he doesnt know about it. 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. 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. Help locate the three that are still wanted . 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. U.S. District Judge Marc Treadwell is presiding over the hearings. Another high-profile case also involving Georgia took place in 2014. 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 . A person convicted of possessing a drug in Schedule III, IV, or V may be imprisoned for 1 to 5 years. Including Adams, Jackson, and Toussaint, 22 of the 26 defendants have entered guilty pleas; 12 of them have been sentenced, with terms of up to 141 months in prison. August 2010 - Atlanta man, Marlon . Look no further then Page Pate and Jess Johnson if you want the best trial lawyers to represent you! BEST IN TOWN! You know, The government came after me. This exception allows law enforcement to search a vehicle (that has been lawfully stopped) without a search warrant if there is probable cause to believe that the vehicle contains contraband. 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) 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. Law enforcement also may not unreasonably prolong a traffic stop beyond the time required to fulfill the purpose of the stop (which is usually the time it takes to issue a citation). 2.79 tons of liquid heroin from a lorry that entered Georgia from Azerbaijan. Columbus: 706-649-7700. Post Office Box 1702 A lock ( Our lawyers are licensed to practice in all state and federal courts in Georgia. 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. As announced in a Jan. 11, 2023, multi-agency news conference held at Glynn County Police Department Headquarters [] Also follow DEA Atlanta via Twitter at @DEAATLANTADiv. 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. In general, drug trafficking is defined as manufacturing, transporting, selling, or having an illegal substance in more significant quantities than would typically be needed for use alone. There are others, it all depends on the specific facts of the case. 16-13-30 left off. The terms possess, purchase, and deliver all have their ordinary every day meaning. 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. 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. During December 2018 and January 2019, Duffy sold heroin from a trap house located in an Atlanta apartment. Or, in other words, either actual or constructive possession will be enough to establish the possession needed to support a drug trafficking charge. Similarly, these numbers will also go up for every amount over 2,000 pounds. An indictment is only an allegation of criminal conduct, and the defendant is presumed innocent until and unless proven guilty in a court of law beyond a reasonable doubt. 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. Both defendants will serve well-deserved time in prison., These sentences represent significant milestones in the prosecution of Operation Ace in the Hole, a multi-agency investigation disrupting a major source of illegal drugs and guns in the greater Toombs County area, said Acting U.S. Attorney Estes. 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. 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. 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. We will continue to work diligently along with our local and federal partners to investigate and dismantle drug trafficking organizations., These sentences reinforce our strong commitment to dismantle gangs that plague our communities with drugs, guns and violence, and threaten the safety of the citizens who live in them, said Chris Hacker, Special Agent in Charge of FBI Atlanta. In a press release from the department, on Jan . 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. Now he faces many years in prison for the damage he has caused.. 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. According to the ministry, at the time, that was the largest amount of drugs seized in Georgia. If you are convicted of trafficking 28 grams or more, you face a sentence of 25 to 30 years and a $500,000 fine. Assistant U.S. Attorney Robert McCullers is prosecuting the case. 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. The answer is that it varies because Georgia sets different limits for different categories of drugs, and they are not always the same for individual schedules. A good example of that is a case I handled just last year representing a doctor who worked at a pain clinic. Marshals Service, and prosecuted for the United States by Southern District of Georgia Assistant U.S. You need to consider that in almost any drug case theres usually going to be a search. Disclaimer|Sitemap. Well, if its this broad, you wonder, Are there any defenses to it? Because it is very broad under federal law. A locked padlock So when they go to trial, if they dont prove exactly whats in that indictment, then the jury cannot find the person guilty. The drugs were hidden in such items as childrens backpacks and baby-formula bottles. At some point he knew about the plan, he agreed to get involved, and he helped out. Drug trafficking laws in Georgia impose mandatory federal minimum sentences if convicted of this crime. I didnt go after them. Lock Number one, the person was not predisposed at being involved in a drug conspiracy. 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. 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. In fact, according to Georgia statutes, penalties for this crime include fines of up to one million dollars and jail time of up to 30 years. 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. If you need the best, then hire the best! The U.S. Attorneys Office for the Middle District of Georgia is recused from the case, which is being prosecuted by the Southern District. Read aboutour firms successin Georgia criminal cases. 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. Bear in mind that if you are charged with drug trafficking, you may face a mandatory minimum sentence. In order to convict somebody in federal court of a drug conspiracy charge, the government has to prove two elements. Ive been representing people in federal court over the past 20 years, and Ive handled a lot of federal drug conspiracy cases. All rights reserved. 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. Drug trafficking is a serious criminal charge based on certain quantities of illegal drugs. 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. 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. Two Key Defendants in Middle Georgia Drug Trafficking Conspiracy Sentenced to Federal Prison 'Operation Ace in the Hole' targeted major drug distributors 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. 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. Heroin, morphine, and opium, however, can be harshly penalized for a mere four grams. 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. This was a difficult case but due to the superb work of Page and Jess the charges were dropped. A .gov website belongs to an official government organization in the United States. The indictments come after a two-year-long investigation titled "Operation Ghost Busted," which looked into gang-related drug trafficking plaguing the Brunswick, . Drug trafficking charges in Georgia are based on accusations that a person possesses, sells, distributes or produces a large number of illegal drugs. These dangerous drugs cause immeasurable damage to communities, but DEA and its law enforcement partners are committed to protecting these communities. How to Apply for the New Pretrial Diversion Program in Federal Court, Our Firm Helps Client Avoid Prison in Large Federal Drug Conspiracy Case, Federal Marijuana Sentences May Be Reduced Based on Changing Marijuana Laws, Law Enforcement Now Using Wiretaps for Facebook, Instagram. Kathy Black, 40, of Macon, pleaded guilty to one count use of a communication facility to facilitate a drug trafficking offense. In some cases, the government will have a warrant, in some cases they wont. For 2,000 to 10,000 pounds, you can be sentenced to seven to thirty years in prison and a fine of $250,000. Anderson faces a maximum sentence of four years in prison to be followed by three years of supervised release and a $250,000 fine. We will contact you as soon as possible if we are able to help. So he had no knowledge of the agreement, and the jury found him not guilty of all charges. Case Update: Five of the eight individuals wanted by the #FBI for drug trafficking conspiracy in Georgia are in custody. Lock 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. . The lawfulness of such a search depends heavily on how the search is characterized. So there was no unlawful agreement. 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. 16-13-31). Because of this, many counties have special units dedicated to stopping drug trafficking on the roadways. 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. 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. So lets say they go to trial. A lock ( They are dangerous and threaten the safety of our communities, said Vic Reynolds, Director of the GBI. They didnt seal the recordings like they were supposed to. On Saturday, January 14, a Columbus officer attempted to initiate a traffic stop in the area of Beacon . 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. U.S. Attorney's Office, Middle District of Georgia, Nine Federally Charged, Arrested in Middle GA Drug Trafficking Investigation, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), ACTIVITY IN THE UNITED STATES ATTORNEY'S OFFICE, 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, Nine Federally Charged, Arrested In Middle GA Drug Trafficking Investigation. The most common drugs in each schedule are as follows: O.C.G.A years, and handled... To thirty years in prison to be followed by three years of supervised release a... Has to prove two elements have special units dedicated to stopping drug trafficking a! Conspiracy cases u.s. District judge Marc Treadwell is presiding over the past 20 years, and ive handled a of! 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