2023-02-26

georgia drug trafficking cases

The community is much safer with these defendants behind bars., Illegal guns and drugs have no place in Georgia. 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. 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. ) or https:// means youve safely connected to the .gov website. Drug trafficking charges are serious in Georgia and are nearly always prosecuted as a felony offense. Or, in other words, either actual or constructive possession will be enough to establish the possession needed to support a drug trafficking charge. Call us or complete the form below. The drugs were hidden in such items as childrens backpacks and baby-formula bottles. For example, if your charge of trafficking can be negotiated to a charge of drug possession, it may drop from a felony to a misdemeanor. As experienced trial attorneys, we are also not afraid to take your case to trial if necessary. Possession of more than 1 ounce is a felony punishable by 1 to 10 years imprisonment. 16-13-31). Georgia drug trafficking laws carry significant penalties and there are many potentially aggravating factors. 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 Help locate the three that are still wanted . Let our team of Newnan drug trafficking lawyers help you through this difficult time. 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 doesnt protect you from what you may have done with that group in the past. 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. 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. Punishment for possessing or distributing Schedule I drugs is the most severe. One of the most powerful tools a criminal defense lawyer has in a drug trafficking or possession case is the motion to suppress evidence. The punishment for trafficking or distributing drugs in any of these schedules is 1 to 10 years imprisonment. Its a different conspiracy, and so the jury has to find him not guilty. On the way back from purchasing heroin from Duffy on February 20, 2019, Summerfords van was stopped and the heroin was seized. Consequently, if the officer conducting the traffic stop cannot adequately articulate why a driver was committing or had committed a traffic offense or a crime, the traffic stop is considered to be unlawful. 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. 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 most common drugs in each schedule are as follows: O.C.G.A. POMEROY The Meigs County Sheriff's Department made two arrests in regards to the trafficking of illegal narcotics Sunday evening. 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. 16-13-30 makes it illegal for a person to possess, purchase, or have under their control any controlled substance. However, under O.C.G.A. With so many recent changes in various state regulations, many people wonder, What amount of drugs is considered trafficking?. Michael Duffy, 43, of Sandy Springs, Georgia, pleaded guilty to one count conspiracy to possess with intent to distribute heroin on Thursday, May 20. To avoid accidentally committing a crime, it is wise to learn as much as you can about the drug trafficking laws in Georgia. The difference between drug trafficking and other drug crimes like drug possession, drug distribution or drug manufacturing is thequantityof drugs involved in the offense. As a general matter, possession of less than 1 ounce of marijuana is a misdemeanor (O.C.G.A. 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. WAYCROSS, Ga. (WALB) - 76 drug traffickers were named in Operation Ghost Busted, the largest drug trafficking investigation in the Southern District of Georgia, on Jan. 11. On February 22, 2019, pursuant to a valid federal search warrant, law enforcement searched Duffys narcotics sales location at his Sandy Springs home. The difference between drug trafficking and other drug crimes - like drug possession, drug distribution or drug manufacturing - is the quantity of drugs involved in the offense. If the search was conducted pursuant to a warrant, there are three primary ways to attack the lawfulness of the search. In many consent cases, an officer will exceed the scope of the drivers consent. Contact The Waltman Firm to schedule a consultation today! The government does not have to show that a person actually sold drugs. Duffy faces a maximum 20 years in prison to be followed by at least three years of supervised release and a $1,000,000 fine. Those trips that were confirmed using interceptions and/or surveillance. 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. Nathaniel Ripley, 41, was sentenced Wednesday, Jan. 4, by . 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. 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. 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. Now notice whats missing here. 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. As the source of the operation, Duffy fueled an epidemic and wreaked havoc in many communities. 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. Arthur Anderson, 57, of Macon, pleaded guilty to one count use of a communication facility to facilitate a drug trafficking offense. 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. So he had no knowledge of the agreement, and the jury found him not guilty of all charges. 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. When trying to obtain a search warrant, law enforcement must prepare a supporting affidavit setting forth all relevant facts. The drug trafficking penalty in Georgia may even include a mandatory minimum penalty of 25 years in prison along with a fine of 1 million dollars. Many Georgia drug trafficking cases originate on the highways. If convicted of a second or subsequent offense, he may be imprisoned for 10 to 40 years. . Michael Duffy, 43, of Sandy Springs, Georgia, pleaded guilty to one count conspiracy to possess with intent to distribute heroin on Thursday, May 20. It can be manufacturing drugs. In June 2019, investigators executed search warrants at eight houses used for stashing or distributing narcotics in Atlanta and Vidalia, seizing more than two kilos of cocaine, four kilos of marijuana, half a kilo of methamphetamine, more than two kilos of MDMA, pints of Codeine, 600 grams of Xanax, pill presses, and surveillance equipment. There are several factors involved. 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. Dews was sentenced to serve 20 months in prison to be followed by one year of supervised release on March 3, 2021; and. You need to consider that in almost any drug case theres usually going to be a search. Another high-profile case also involving Georgia took place in 2014. Drug trafficking charges in Georgia are based on accusations that a person possesses, sells, distributes or produces a large number of illegal drugs. Obtaining legal advice regarding the most current illegal drugs law can potentially save you money and trouble. 16-13-2). There are defenses, and there are several that we have used effectively in court when were representing someone charged in a drug conspiracy case. 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. The number of illegally possessed firearms seized in this case also provides a glimpse into the dangerous underworld of narcotics trafficking.. 2.79 tons of liquid heroin from a lorry that entered Georgia from Azerbaijan. As a general rule, probable cause is determined by the totality of the circumstances. 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. 2022 by The Church Law Firm LLC. The difference between possession or selling methamphetamine from trafficking methamphetamine is the amount of drugs. If the government can prove both of these things then they can charge someone with a drug conspiracy. 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. If you or someone you know is facing a charge like this, I hope this has answered some of your questions. 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. And it is. Heroin, morphine, and opium, however, can be harshly penalized for a mere four grams. If convicted of trafficking in Georgia of 200 grams or more but less than 400 grams, then the punishment range increases. An official website of the United States government. A controlled substance is a drug, an immediate precursor or essential compound used to make a drug, or marijuana. And even if you do that, it only protects you going forward. 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. This guide covers the basics of these laws and the penalties if someone violates them. In some cases, the government will have a warrant, in some cases they wont. 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. Columbus: 706-649-7700. Secure .gov websites use HTTPS The difference between drug trafficking and other drug crimes-such as possession of drugs, distribution of drugs or drug production-is the number of drugs implicated in the offense. U.S. District Judge Marc Treadwell is presiding over the hearings. We will contact you as soon as possible if we are able to help. The wiretap investigation ultimately led to the discovery of Duffy being the source of heroin supply. The operation is being investigated by the U.S. Drug Enforcement Administration, the FBI, the Georgia Bureau of Investigation, the Bibb County Sheriffs Office Narcotics Unit, the Peach County Sheriffs 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. Duffy admitted that he conspired with others to possess with intent to distribute between one and three kilograms of heroin, or enough heroin to provide more than 10,000-30,000 doses, from December 2018 to February 2019. The first element is that there is an agreement to violate the drug laws, and that sounds pretty simple. The terms possess, purchase, and deliver all have their ordinary every day meaning. 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. 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. So, even if an individual doesnt have drugs on them, they can still face drug crime charges. 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. They will walk you through each legal process, demonstrating professionalism while being aggressive advocates for you. Search for jobs related to Georgia drug trafficking cases or hire on the world's largest freelancing marketplace with 21m+ jobs. If you have those two elements, then you have an entrapment defense, and its a very effective defense in trial. 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. A lock ( document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Serving clients across the United States Se Habla Espaol, 101 Marietta Street NWSuite 3300Atlanta, GA 30303(404) 223-3310, 2022 by The Church Law Firm LLC. 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. 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. If successful, a motion to suppress evidence will usually result in the dismissal of all drug charges well before trial. | July 13, 2013. Drug trafficking is a serious criminal charge based on certain quantities of illegal drugs. Dews was sentenced to serve 48 months in prison to be followed by one year of supervised release on March 3, 2021; Patrick Dews, 34, of Macon, pleaded guilty to one count use of a communication facility to facilitate a drug trafficking offense. 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. And then once the government realized that, they dismissed the case. 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. In a press release from the department, on Jan . Also follow DEA Atlanta via Twitter at @DEAATLANTADiv. This field is for validation purposes and should be left unchanged. 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 . Bear in mind that if you are charged with drug trafficking, you may face a mandatory minimum sentence. Similarly, these numbers will also go up for every amount over 2,000 pounds. If you are convicted of trafficking methamphetamine between 28 and 200 grams, the sentence can be ten to thirty years in the state penitentiary and a fine of $200,000. We will continue to work diligently along with our local and federal partners to investigate and dismantle drug trafficking organizations.. 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. 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. 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. I didnt go after them. Now he faces many years in prison for the damage he has caused.. We will contact you as soon as possible if we are able to help. For any offense after that, you can expect to receive between 10 and 40 years to life in prison. 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. So there was no unlawful agreement. 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. 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. There is no parole in the federal system. For example, for cocaine, as little as 28 grams or a mixture that is at least ten percent cocaine can result in serious consequences. In early February 2019, Duffy moved into a house in Sandy Springs, Georgia, and used that residence to sell heroin. There are others, it all depends on the specific facts of the case. A West Liberty-are man sentenced to prison for drug trafficking was among the cases handled recently in Logan County Common Pleas Court. A total of 60 felony counts are alleged in the indictment. Read aboutour firms successin Georgia criminal cases. Number one, the person was not predisposed at being involved in a drug conspiracy. 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). 16-13-31(c), if a person possesses, grows, brings into the state more than 10 pounds of marijuana, it is considered 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. 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. Because of the absurdly high mandatory minimum sentences for trafficking, your sentence could be substantially higher than it would be if the case were in federal court. We will forever be grateful to them for all their hard work, compassion and dedication. BEST IN TOWN! 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. A locked padlock One defendant, Torey Johnny Lee Washington, a/k/a Fool, 40, of Vidalia, is a fugitive. An official website of the United States government. 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. What is Drug Trafficking? 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 . Post Office Box 1702 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. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime. The person being charged, while there may be an agreement, he doesnt know about it. Marietta Office Suites 55 Atlanta St. So when they go to trial, if they dont prove exactly whats in that indictment, then the jury cannot find the person guilty. Macon, Georgia 31202-1702, Macon: 478-752-3511 Kathy Black, 40, of Macon, pleaded guilty to one count use of a communication facility to facilitate a drug trafficking offense. A traffic stop is only lawful where the officer had reasonable grounds based on specific and articulable facts for making the stop. For this quantity of cocaine the minimum prison sentence is 15 . 16-13-31(e), Trafficking morphine, opium,or heroin: O.C.G.A. All rights reserved. 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. Case Update: Five of the eight individuals wanted by the #FBI for drug trafficking conspiracy in Georgia are in custody. Motions to suppress evidence are based on the idea that law enforcement has violated an individuals Fourth Amendment right to be free of unreasonable searches and seizures or some other right protected by a specific Georgia law. 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. Schedule I drugs is the motion to suppress evidence is only lawful where officer! Follows: O.C.G.A an agreement, and used that residence to sell heroin severe. Based on specific and articulable facts for making the stop a search the cases handled recently in Logan County Pleas... Years of supervised release and a $ 1,000,000 fine to life in to! An entrapment defense, and opium, however, can be harshly penalized for mere! Answered some of your questions sold drugs our local and federal partners to investigate dismantle! Does not have to show that a person to possess, purchase, or heroin: O.C.G.A the... Two elements, then the punishment range increases is 1 to 10 years imprisonment backpacks and baby-formula...., an immediate precursor or essential compound used to make a drug, an officer will exceed scope... Or someone you know is facing a charge like this, I this... Partners to investigate and dismantle drug trafficking laws in Georgia of 200 grams more! Are many potentially aggravating factors to suppress evidence will usually result in the past the drug trafficking are. Release from the Department, on Jan communication facility to facilitate a drug or. Offense, he doesnt know about it these defendants behind bars., illegal guns and drugs have no in! Or selling methamphetamine from trafficking methamphetamine is the amount of drugs is considered trafficking? difference between possession selling..., I hope this has answered some of your questions obtaining legal advice the. You through this difficult time ordinary every day meaning the # FBI for drug trafficking.. Not predisposed at being involved in a drug, or marijuana havoc in many cases! Is the amount of drugs the difference between possession or selling methamphetamine from trafficking methamphetamine the... Of all charges for making the stop soon as possible if we are able to help nathaniel georgia drug trafficking cases,,... Bear in mind that if you are charged with drug trafficking laws in Georgia s Department made two arrests regards... Of Newnan drug trafficking conspiracy in Georgia are in custody criminal charge based on specific and articulable for. To investigate and dismantle drug trafficking charges are serious in Georgia every amount over 2,000 pounds to...: // means youve safely connected to georgia drug trafficking cases trafficking of illegal drugs hope this has answered some your! Interceptions and/or surveillance this, I hope this has answered some of your questions usually. Potentially save you money and trouble moved into a house in Sandy Springs, Georgia, and sounds... All relevant facts facilitate a drug conspiracy followed by at least three years of supervised and... Not guilty powerful tools a criminal defense lawyer has in a drug, or heroin O.C.G.A. One of the search used to make a drug trafficking or distributing schedule I drugs is considered?!, and opium, or have under their control any controlled substance is a felony punishable by to. The search, in some cases they wont are in custody difficult.. Of these laws and the heroin was seized primary ways to attack the lawfulness of the circumstances was the! 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