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. Albany: 229-430-7754
And even if you do that, it only protects you going forward. That can be importing drugs, it can be distributing drugs, it can be possessing drugs with the intent to distribute. watch thisvideo. By removing the most serious charges, you may be able to avoid the harshest sentences. We are lawyers who are committed to helping people in difficult situations and we invite you to call us at 404-551-5684 for a free consultation today. 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. It doesnt protect you from what you may have done with that group in the past. 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. 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. What usually happens in a Georgia criminal case? One defendant, Torey Johnny Lee Washington, a/k/a Fool, 40, of Vidalia, is a fugitive. 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 . All rights reserved. To meet this burden, the State usually calls the arresting or searching officer to testify about the facts that gave rise to the search. BEST IN TOWN! The punishment for trafficking or distributing drugs in any of these schedules is 1 to 10 years imprisonment. The investigation culminated in a sealed, 61-count federal indictment returned in January 2020 with 26 defendants charged. U.S. District Judge Marc Treadwell is presiding over the hearings. Columbus: 706-649-7700. 2.79 tons of liquid heroin from a lorry that entered Georgia from Azerbaijan. As outlined below, Georgia law defines both these controversial elements very broadly in trafficking matters. 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. On February 22, 2019, pursuant to a valid federal search warrant, law enforcement searched Duffys narcotics sales location at his Sandy Springs home. 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. 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. There is no parole in the federal system. 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. Look no further then Page Pate and Jess Johnson if you want the best trial lawyers to represent you! Contact The Waltman Firm to schedule a consultation today! 16-13-30 left off. 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. A .gov website belongs to an official government organization in the United States. Drug trafficking is a serious criminal charge based on certain quantities of illegal drugs. 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. They tried to sell me drugs. 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. 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. Attorneys Noah J. Abrams and OCDETF Coordinator Marcela C. Mateo. 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. 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. March 10, 2009 - Regional drug-fighting hub opens in Carrollton. PATRICK JOHNSON, 27, of Chicago, is charged with one count of murder in aid of racketeering. 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. 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. They dont have to show that a person even had drugs. 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. In some cases, the government will have a warrant, in some cases they wont. 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. On Saturday, January 14, a Columbus officer attempted to initiate a traffic stop in the area of Beacon . With so many recent changes in various state regulations, many people wonder, What amount of drugs is considered trafficking?. Of all drug charges, trafficking is often considered the worst, a conviction of which carries significant prison time, parole, and huge fines. Share sensitive information only on official, secure websites. 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). For instance, the driver may grant permission for the officer to search the vehicles trunk. Lock There is no parole in the federal system. 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 are convicted of trafficking 28 grams or more, you face a sentence of 25 to 30 years and a $500,000 fine. Lock Another high-profile case also involving Georgia took place in 2014. Call us or complete the form below. 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. Drug trafficking charges in Georgia are based on accusations that a person possesses, sells, distributes or produces a large number of illegal drugs. A drug crimes attorney can help explain your options and offer advocacy and representation when you have been charged with being involved in a drug operation. The entrapment defense. 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. For this quantity of cocaine the minimum prison sentence is 15 . Also follow DEA Atlanta via Twitter at @DEAATLANTADiv. 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. Have a question about Government Services? They are dangerous and threaten the safety of our communities, said Vic Reynolds, Director of the GBI. 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. Even when a driver consents to his vehicle being searched, it may be possible to challenge the lawfulness of the search. Dews was sentenced to serve 20 months in prison to be followed by one year of supervised release on March 3, 2021; and. Investigators also seized 39 illegally possessed firearms, ranging from pistols and shotguns to assault-style rifles. 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. MACON, Ga. Nine individuals were taken into custody today and are facing federal charges from an Organized Crime Drug Enforcement Task Force (OCDETF) investigation ledby the Drug Enforcement Administration (DEA) into a group of alleged drug traffickers in Houston and Bibb Counties. 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. Official websites use .gov ) or https:// means youve safely connected to the .gov website. 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. 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. These are some defenses. Help locate the three that are still wanted . If you are convicted of 400 grams or more, you face a minimum prison sentence of 25 years and a $1,000,000 fine. Its just a general understanding or plan between two or more people to do something that violates the federal drug laws. 16-13-31.1 criminalize the sale, manufacturing, delivery, or transportation into the state of controlled substances. The State may also introduce the search warrant into evidence along with any other evidence it deems to be relevant. During December 2018 and January 2019, Duffy sold heroin from a trap house located in an Atlanta apartment. Secure .gov websites use HTTPS If that is the case, you can work with our law firm, and we can build a defense to help you get a . Share sensitive information only on official, secure websites. Adams, a regional leader in the Gangster Disciples criminal street gang, was sentenced as an armed career criminal after pleading guilty to Distribution of Cocaine and Possession of a Firearm by a Convicted Felon. Now he ran a medical practice and he prescribed pain medication, opioid pain medication, to a number of different patients for chronic pain. 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. Obtaining legal advice regarding the most current illegal drugs law can potentially save you money and trouble. 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. What is Drug Trafficking? During the search, a Kel-Tec 9mm pistol, 9mm and .40 caliber ammunition, a bag containing small drug baggies and a quantity of suspected narcotics were seized. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. If you have those two elements, then you have an entrapment defense, and its a very effective defense in trial. 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. . Anyone charged with drug trafficking in Georgia will need a good criminal defense attorney to help navigate the process. 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 traffic stop is only lawful where the officer had reasonable grounds based on specific and articulable facts for making the stop. 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. Individuals pulled over in their automobiles during a traffic stop do not enjoy the same level of protection and privacy. Official websites use .gov The lawfulness of such a search depends heavily on how the search is characterized. ) or https:// means youve safely connected to the .gov website. If the search was conducted pursuant to a warrant, there are three primary ways to attack the lawfulness of the search. The person being charged, while there may be an agreement, he doesnt know about it. 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. 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. MACON, GA - Twelve defendants have been charged in a newly unsealed federal indictment alleging a middle Georgia drug trafficking conspiracy. And E. Greg Gilluly Jr. Similarly, these numbers will also go up for every amount over 2,000 pounds. Kathy Black, 40, of Macon, pleaded guilty to one count use of a communication facility to facilitate a drug trafficking offense. Marshals Service, and prosecuted for the United States by Southern District of Georgia Assistant U.S. Under Georgia law, there are five different schedules or groups of types of drugs. If a person is convicted of drug trafficking, he or she may face spending years in prison, having valuable assets taken away, and paying hefty fines, all in addition to having his or her own personal reputation and relationships compromised. 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. 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. 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. Therefore, you should know what the various categories are and the penalties for each. The most common drugs in each schedule are as follows: O.C.G.A. The wiretap investigation ultimately led to the discovery of Duffy being the source of heroin supply. The Supreme Court has carved out an exception to the warrant requirement known as the automobile exception. 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