It is also illegal to manufacture, deliver, distribute, sell, or possess with intent to distribute any controlled substance (with limited exceptions). The punishment for trafficking or distributing drugs in any of these schedules is 1 to 10 years imprisonment. Drug trafficking is a significant problem in Georgia because it is one of the top five states for illegal drug use. They are dangerous and threaten the safety of our communities, said Vic Reynolds, Director of the GBI. 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. Of all drug charges, trafficking is often considered the worst, a conviction of which carries significant prison time, parole, and huge fines. Two homes alleged to have been involved as locations for drug storage or distribution also are subject to forfeiture proceedings in the indictment. As a general matter, possession of less than 1 ounce of marijuana is a misdemeanor (O.C.G.A. Share sensitive information only on official, secure websites. They are found in the Title 16 Crimes and Offenses Chapter 13 Controlled Substances. To avoid the most serious penalties, hiring an experienced legal representative may be critical when you face a serious felony charge. Perhaps they made a call and suggested a drug deal, and he turned them down but they came back again. An official website of the United States government. So I thought it might be helpful to talk about the basics. According to Georgia law, selling drugs or trafficking a controlled substance can result in expensive drug charges that require substantial assistance. You can also be charged with trafficking if you bring a large enough amount of a controlled substance from another country or state. The investigation culminated in a sealed, 61-count federal indictment returned in January 2020 with 26 defendants charged. Because of this, many counties have special units dedicated to stopping drug trafficking on the roadways. A 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. It's free to sign up and bid on jobs. Its just a general understanding or plan between two or more people to do something that violates the federal drug laws. Columbus: 706-649-7700. They didnt seal the recordings like they were supposed to. 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. 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. The distribution of dangerous substances like, cocaine, crack, and marijuana continue to plague many communities. If the officer then finds contraband hidden behind an air vent in the front compartment, a court would likely suppress the contraband as the officer exceeded the scope of the drivers consent. The number of illegally possessed firearms seized in this case also provides a glimpse into the dangerous underworld of narcotics trafficking.. ) or https:// means youve safely connected to the .gov website. The first obvious defense is that theres no unlawful agreement. When trying to obtain a search warrant, law enforcement must prepare a supporting affidavit setting forth all relevant facts. They are dangerous and threaten the safety of our communities. These are some defenses. 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. As with any important legal question, you should always consult aGeorgia criminal defense lawyerlicensed to practice in your jurisdiction. Our firm has offices inAtlanta GA and Brunswick GA, and we frequently travel to other courts across the state to represent people in serious criminal cases. The government stepped in and said, Youre prescribing too much medication. 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. In December 2017, following the arrest of a heroin dealer in Macon, federal and local law enforcement began investigating heroin distribution by co-defendant Summerford. It will serve as a multi-jurisdictional drug enforcement agency controlled by Georgia Bureau of Investigation. 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 State may also introduce the search warrant into evidence along with any other evidence it deems to be relevant. A locked padlock 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. 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. Adams was sentenced to 165 months in prison, followed by three years of supervised release, while Jackson was sentenced to 188 months in prison, followed by five years of supervised release. Let our team of Newnan drug trafficking lawyers help you through this difficult time. A Winsted, Connecticut, man pleaded guilty today to participating in a conspiracy to distribute fentanyl over the darknet. The community is much safer with these defendants behind bars., Illegal guns and drugs have no place in Georgia. By Page Pate. 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. 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. Secure .gov websites use HTTPSA lock ( Columbus: 706-649-7700. And then when they would distribute it in Atlanta, they would load it back up with cash, take it back to the Mexican border. To avoid accidentally committing a crime, it is wise to learn as much as you can about the drug trafficking laws in Georgia. Our lawyers are licensed to practice in all state and federal courts in Georgia. We will forever be grateful to them for all their hard work, compassion and dedication. 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. Second, the sentencing court may use its own discretion to depart from a mandatory minimum sentence if the defendant was not a leader in the drug operation, if the defendant did not possess a weapon, the criminal conduct did not result in a death or serious bodily injury, the defendant has no prior felonies, and the interests of justice will not be served by applying the mandatory minimum sentence. 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. Punishment for possessing or distributing Schedule I drugs is the most severe. The wiretap investigation ultimately led to the discovery of Duffy being the source of heroin supply. Clearly those individuals were part of a drug conspiracy. 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. Dews was sentenced to serve 20 months in prison to be followed by one year of supervised release on March 3, 2021; and. These issues are absent in most drug trafficking cases. A lock ( If convicted of trafficking in Georgia of 200 grams or more but less than 400 grams, then the punishment range increases. They also criminalize the mere possession of larger quantities of certain controlled substances, picking up where O.C.G.A. For instance, the driver may grant permission for the officer to search the vehicles trunk. The penalty for violating this statute depends on the type, the schedule the drug falls under, and amount of the drug. Attorneys Joseph McCool. 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. One way this may occur is when law enforcement exceeds the scope of the search warrant. If you are charged with trafficking cocaine, that is not merely a slap on the wrist. The difference between drug trafficking and other drug crimes like drug possession, drug distribution or drug manufacturing is thequantityof drugs involved in the offense. A traffic stop is only lawful where the officer had reasonable grounds based on specific and articulable facts for making the stop. Finally, challenging an unlawful search or a wiretap. They kept on after the person. 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. For 2,000 to 10,000 pounds, you can be sentenced to seven to thirty years in prison and a fine of $250,000. charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana. If you are convicted of trafficking marijuana, you may receive a sentence of five years and a fine of $100,000 for 10 to 2,000 pounds. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Serving clients across the United States 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. We get a lot of questions about the entrapment defense. By removing the most serious charges, you may be able to avoid the harshest sentences. There are several factors involved. 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 . 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. It is a Schedule I drug, considered the most dangerous with no medicinal value. 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. 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. 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 . Obtaining legal advice regarding the most current illegal drugs law can potentially save you money and trouble. Obviously there was an agreement. Now he ran a medical practice and he prescribed pain medication, opioid pain medication, to a number of different patients for chronic pain. Have a question about Government Services? 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. Toussaint is among seven defendants awaiting sentencing, while three defendants are awaiting trial. 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. 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. 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. Number one, the person was not predisposed at being involved in a drug conspiracy. 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 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. This guide covers the basics of these laws and the penalties if someone violates them. In order to convict somebody in federal court of a drug conspiracy charge, the government has to prove two elements. If the defect in the information submitted to the judge was necessary to find probable cause, the warrant will generally be voided by the court and any seized evidence will be suppressed. 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. The stop cannot be arbitrary or harassing. What is a drug conspiracy? 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. 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. 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. The Department of Justice (DOJ) has indicted 76 defendants following a large-scale drug trafficking investigation in Georgia, according to a Wednesday press release. A controlled substance from another country or state drug deal, and he turned them down but came!, 61-count federal indictment returned in January 2020 with 26 defendants charged to years! 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