16-13-31). Assistant U.S. Attorney Robert McCullers is prosecuting the case. These are considered to be drugs with low or moderate potential for psychological or physical dependence, a lower chance of abuse, and accepted medical use. To avoid accidentally committing a crime, it is wise to learn as much as you can about the drug trafficking laws in Georgia. Weve also been successful suppressing wiretaps, and we see wiretaps now in almost every drug case. 16-13-2). 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. If the quantity is greater than 28 grams but less than 200 grams the person shall be sentenced to a mandatory minimum prison sentence of 10 years and pay a fine of $200,000. 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. Help locate the three that are still wanted . These laws can be confusing, so if you are charged with drug trafficking, consulting an experienced criminal defense attorney would be beneficial to your case. As experienced trial attorneys, we are also not afraid to take your case to trial if necessary. 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 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. There is no parole in the federal system. Those trips that were confirmed using interceptions and/or surveillance. Jan 17, 2023. Drug trafficking is a significant problem in Georgia because it is one of the top five states for illegal drug use. Disclaimer|Sitemap. Therefore, you should know what the various categories are and the penalties for each. They also criminalize the mere possession of larger quantities of certain controlled substances, picking up where O.C.G.A. 2022 by The Church Law Firm LLC. 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. Another defense is that there is no knowledge of the agreement. According to the ministry, at the time, that was the largest amount of drugs seized in Georgia. Attorneys Noah J. Abrams and OCDETF Coordinator Marcela C. Mateo. 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. 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. 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 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. 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. The most strict penalties for trafficking marijuana, on the other hand, are measured in pounds. Operation Breaking the Bond is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. The U.S. Attorneys Office for the Middle District of Georgia is recused from the case, which is being prosecuted by the Southern District. In some cases, the information submitted to the judge will be incomplete, false, stale, or obtained through unreliable sources. So lets say they go to trial. Obviously there was an agreement. There are several factors involved. This affidavit is then submitted to the judge for his or her consideration. 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. Bear in mind that if you are charged with drug trafficking, you may face a mandatory minimum sentence. The State may also introduce the search warrant into evidence along with any other evidence it deems to be relevant. They will walk you through each legal process, demonstrating professionalism while being aggressive advocates for you. Anderson faces a maximum sentence of four years in prison to be followed by three years of supervised release and a $250,000 fine. The wiretap investigation ultimately led to the discovery of Duffy being the source of heroin supply. 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. But my client, even though he carried them into Atlanta, even though he flew them back and obviously helped them accomplish their unlawful plan, he didnt know about it. 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. 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. Well, in that case the government may have shown that hes involved in drugs, but hes not a part of that conspiracy. Williams was in possession of approximately one ounce of methamphetamine and arrested. ) or https:// means youve safely connected to the .gov website. 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. So when they go to trial, if they dont prove exactly whats in that indictment, then the jury cannot find the person guilty. 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 Michael Duffy, 43, of Sandy Springs, Georgia, pleaded guilty to one count conspiracy to possess with intent to distribute heroin on Thursday, May 20. 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. So he had no knowledge of the agreement, and the jury found him not guilty of all charges. Albany: 229-430-7754 Georgia Drug Trafficking Charges O.C.G.A. To meet this burden, the State usually calls the arresting or searching officer to testify about the facts that gave rise to the search. Now he faces many years in prison for the damage he has caused.. Drug trafficking charges are serious in Georgia and are nearly always prosecuted as a felony offense. Assistant U.S. Attorney Alex Kalim is prosecuting the case. Post Office Box 1702 A criminal defense lawyer may also challenge the lawfulness of the traffic stop itself. 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. 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). COLUMBUS, Ga. (WTVM) - A man was arrested on multiple charges during a drug bust in Columbus. So its lack of predisposition, and its that second thing, the government conduct. Se Habla Espaol, 101 Marietta Street NWSuite 3300Atlanta, GA 30303(404) 223-3310, 2022 by The Church Law Firm LLC. The stop cannot be arbitrary or harassing. 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. It is a Schedule I drug, considered the most dangerous with no medicinal value. 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. We will contact you as soon as possible if we are able to help. Jackson pled guilty to Conspiracy to Possess with Intent to Distribute More Than 5 Grams of Methamphetamine, and Quantities of Marijuana and Cocaine. 16-13-31(c), Trafficking methamphetamine: O.C.G.A. The OCDETF case was investigated by the ATF, the DEA, the FBI, the GBI, the Georgia Department of Community Supervision, the Toombs County Sheriffs Office, the Lyons Police Department, the Oconee Drug Task Force, and the Liberty County Sheriffs Office, and is being prosecuted for the United States by Assistant U.S. By removing the most serious charges, you may be able to avoid the harshest sentences. There is no requirement that the person actually has to handle any drugs. Will it apply in my case? 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. 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. Columbus: 706-649-7700. The community is much safer with these defendants behind bars., Illegal guns and drugs have no place in Georgia. As long as theres an agreement between two or more people to do something that violates the federal drug laws, the government can prove that first element. Under Georgia law, there are five different schedules or groups of types of drugs. A locked padlock If you or someone you know is facing a charge like this, I hope this has answered some of your questions. 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. A good example of that is a case I handled just last year representing a doctor who worked at a pain clinic. Finally, challenging an unlawful search or a wiretap. 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. 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. As outlined below, Georgia law defines both these controversial elements very broadly in trafficking matters. 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. We will continue to work diligently along with our local and federal partners to investigate and dismantle drug trafficking organizations.. 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. Look no further then Page Pate and Jess Johnson if you want the best trial lawyers to represent you! 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. Search for jobs related to Georgia drug trafficking cases or hire on the world's largest freelancing marketplace with 21m+ jobs. We dont think these people really need it, and so you violated the federal drug laws. Well, we were able to show the government that there was no unlawful agreement. Official websites use .govA .gov website belongs to an official government organization in the United States. We will contact you as soon as possible if we are able to help. They had nothing to do with drugs until the government came along, either an undercover agent or an informant, and they went after this individual and tried to convince them to get involved. What is drug trafficking? Call us or complete the form below. 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. 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. 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. 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. 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. 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). Possession of more than 1 ounce is a felony punishable by 1 to 10 years imprisonment. 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. Secure .gov websites use HTTPSA lock ( The first element is that there is an agreement to violate the drug laws, and that sounds pretty simple. In drug possession cases, especially marijuana possession, proving the substance was illegal and establishing legal possession are the two biggest issues. There is no parole in the federal system. I didnt go after them. That can be importing drugs, it can be distributing drugs, it can be possessing drugs with the intent to distribute. 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. The judge may also impose non-monetary restrictions (house arrest, no contact provisions, GPS ankle monitor, curfew, etc . 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 heroine has probably the most unforgiving sentencing scheme. It doesnt protect you from what you may have done with that group in the past. For 14 to 28 grams, you can receive a sentence of ten years and a fine of $100,000. The government stepped in and said, Youre prescribing too much medication. They tried to get me involved in this conspiracy. The entrapment defense is a very effective defense when its used the right way and by a lawyer who knows what he or she is doing. Another defense, which is also a little complicated and difficult to use, is that the person withdrew from the conspiracy. 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.) Read aboutour firms successin Georgia criminal cases. Lock 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. 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.. If there is 10,000 pounds or more of marijuana, the person faces a mandatory minimum of 15 years imprisonment and a $1 million fine. 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. However, the quantity of marijuana being trafficked impacts the penalties, and even affects parole guidelines. On the way back from purchasing heroin from Duffy on February 20, 2019, Summerfords van was stopped and the heroin was seized. 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 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 investigation culminated in a sealed, 61-count federal indictment returned in January 2020 with 26 defendants charged. 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. Georgia drug trafficking laws carry significant penalties and there are many potentially aggravating factors. Furthermore, for larger quantities of certain types of drugs, a person may also be charged with drug trafficking (O.C.G.A. 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. 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. A .gov website belongs to an official government organization in the United States. 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). If you have those two elements, then you have an entrapment defense, and its a very effective defense in trial. And it is. 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