It is also illegal to manufacture, deliver, distribute, sell, or possess with intent to distribute any controlled substance (with limited exceptions). It is also possible for a search warrant to be valid but the resulting search to be nonetheless unlawful. 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. to be charged with drug trafficking. 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. Ive been representing people in federal court over the past 20 years, and Ive handled a lot of federal drug conspiracy cases. August 2010 - Atlanta man, Marlon . The Justice Department announced the arrest of more than 110 people on gun and drug charges in three states. 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. charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana. We will forever be grateful to them for all their hard work, compassion and dedication. 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. The indictments come after a two-year-long investigation titled "Operation Ghost Busted," which looked into gang-related drug trafficking plaguing the Brunswick, . document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Serving clients across the United States Marietta Office Suites 55 Atlanta St. Of all drug charges, trafficking is often considered the worst, a conviction of which carries significant prison time, parole, and huge fines. So lets say they go to trial. 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. We represent clients in Atlanta and throughout the state of Georgia. So when they go to trial, if they dont prove exactly whats in that indictment, then the jury cannot find the person guilty. A locked padlock A locked padlock There are several viable defenses available to a person charged with drug possession. In the first one, they didnt have enough probable cause to get the wiretap. Columbus: 706-649-7700. 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. Want to know how we win appeals in Georgia criminal cases? For 200 to 400 grams, the sentence is a minimum of 15 years with a fine of $300,000. In most states, such as Georgia, in order to be charged with drug trafficking, the case must involve more than several pounds of marijuana or an ounce or more . Operation Breaking the Bond is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. Similarly, these numbers will also go up for every amount over 2,000 pounds. 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. Finally, challenging an unlawful search or a wiretap. 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. 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. 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 2,000 to 10,000 pounds, you can be sentenced to seven to thirty years in prison and a fine of $250,000. The distribution of dangerous substances like, cocaine, crack, and marijuana continue to plague many communities. A locked padlock The heroine has probably the most unforgiving sentencing scheme. Drug trafficking charges in Georgia are based on accusations that a person possesses, sells, distributes or produces a large number of illegal drugs. In these cases, the judge has limited discretion in imposing a sentence and often cant sentence you to a lesser penalty than the mandatory minimum if you are convicted, despite the circumstances of the crime. He had been flying two folks from the Mexican border to Atlanta back and forth many times. So he had no knowledge of the agreement, and the jury found him not guilty of all charges. If you are convicted of 400 grams or more, you face a minimum prison sentence of 25 years and a $1,000,000 fine. With so many recent changes in various state regulations, many people wonder, What amount of drugs is considered trafficking?. 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. Investigators from the Georgia Bureau of Investigation (GBI), working with federal and local law enforcement agencies, identified Deltinaud Toussaint, a/k/a Black, a/k/a Tino, a/k/a Tino Black, 44, of Vidalia, as the primary supplier of the organizations narcotics including methamphetamine, cocaine, MDMA or Ecstasy, and marijuana through connections in Atlanta. With respect to marijuana, it is illegal for a person to possess, have under their control, deliver, distribute, dispense, or possess with intent to distribute marijuana. With the removal of drugs, weapons and money and 12 defendants from the streets, the citizens of Bibb County will be immediately safer., Illegal drugs and illegally possessed firearms have no place in Georgia, said Vic Reynolds, Director of the Georgia Bureau of Investigation. Initial appearances for the defendants occurred today before U.S. Magistrate Judge Charles H. Weigle. They dont have a history of it, theres not other evidence to show they were interested in finding out about the drug business. Secure .gov websites use HTTPS Official websites use .gov 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. 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. Columbus: 706-649-7700. Possession of more than 1 ounce is a felony punishable by 1 to 10 years imprisonment. Also follow DEA Atlanta via Twitter at @DEAATLANTADiv. The State generally has the burden of convincing the court that the drugs were the product of a lawful search. In another situation, another wiretap case, the government had probable cause to get the wiretap but they didnt follow the specific requirements of the statute. Again, a federal judge threw out those wiretaps and we were able to resolve the case. 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. 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. 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. As a general rule, probable cause is determined by the totality of the circumstances. A Winsted, Connecticut, man pleaded guilty today to participating in a conspiracy to distribute fentanyl over the darknet. 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. 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. Let our team of Newnan drug trafficking lawyers help you through this difficult time. 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 . There is no requirement that the person actually has to handle any drugs. That can be importing drugs, it can be distributing drugs, it can be possessing drugs with the intent to distribute. However, under O.C.G.A. 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. If you need the best, then hire the best! If successful, a motion to suppress evidence will usually result in the dismissal of all drug charges well before trial. 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. To avoid accidentally committing a crime, it is wise to learn as much as you can about the drug trafficking laws in Georgia. He was simply told that what was in the duffel bags had to do with their work, was never given any indication that those duffel bags contained drugs. Georgia drug trafficking laws carry significant penalties and there are many potentially aggravating factors. As with any important legal question, you should always consult aGeorgia criminal defense lawyerlicensed to practice in your jurisdiction. Defending Georgia Drug Trafficking Cases by Winning Motions to Suppress Evidence. But those are the basic elements and defenses involved in a federal drug conspiracy charge. Obtaining legal advice regarding the most current illegal drugs law can potentially save you money and trouble. Under the law, there are two types of possession. If you are charged with trafficking cocaine, that is not merely a slap on the wrist. Trafficking generally includes allegations that an individual possesses, sells, distributes or manufactures a large amount of illegal drugs. This field is for validation purposes and should be left unchanged. 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. COLUMBUS, Ga. (WTVM) - A man was arrested on multiple charges during a drug bust in Columbus. 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. Call us or complete the form below. We will contact you as soon as possible if we are able to help. Georgia drug trafficking laws punish those who break the law and keep society safe. 16-13-31(c), Trafficking methamphetamine: O.C.G.A. One of the most powerful tools a criminal defense lawyer has in a drug trafficking or possession case is the motion to suppress evidence. What usually happens in a Georgia criminal case? In 2014, the Ministry of Internal Affairs seized approx. 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. For 200 to 400 grams, the sentence is 15 to 30 years with a fine of $300,000. The community is much safer with these defendants behind bars., Illegal guns and drugs have no place in Georgia. 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. At some point he knew about the plan, he agreed to get involved, and he helped out. Attorneys Noah J. Abrams and OCDETF Coordinator Marcela C. Mateo. In the courtroom theres no doubt that they are accomplished masterful attorneys who represented my son being accused of a criminal crime he did not commit. They can make a few phone calls and be part of a drug conspiracy. Drug trafficking charges are serious in Georgia and are nearly always prosecuted as a felony offense. On the other hand, constructive possession means the individual has the illegal substances in an area where they have dominion or control over them. 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. All rights reserved. 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. 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. If convicted of trafficking in Georgia of 200 grams or more but less than 400 grams, then the punishment range increases. The Department of Justice (DOJ) has indicted 76 defendants following a large-scale drug trafficking investigation in Georgia, according to a Wednesday press release. In early February 2019, Duffy moved into a house in Sandy Springs, Georgia, and used that residence to sell heroin. Weve also been successful suppressing wiretaps, and we see wiretaps now in almost every drug case. Se Habla Espaol, 101 Marietta Street NWSuite 3300Atlanta, GA 30303(404) 223-3310, 2022 by The Church Law Firm LLC. 16-13-30). In order to convict somebody in federal court of a drug conspiracy charge, the government has to prove two elements. So there was no unlawful agreement. The government does not have to show that a person actually sold drugs. To avoid the most serious penalties, hiring an experienced legal representative may be critical when you face a serious felony charge. Those trips that were confirmed using interceptions and/or surveillance. Individuals pulled over in their automobiles during a traffic stop do not enjoy the same level of protection and privacy. 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 punishment for a controlled substance offense depends on whether the drug was only possessed or if it was manufactured or distributed, type of substance, and the weight of the substance. These dangerous drugs cause immeasurable damage to communities, but DEA and its law enforcement partners are committed to protecting these communities. In some cases, the government will have a warrant, in some cases they wont. 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 . Operation Ace in the Hole, whose name was derived from Adams alias, was an Organized Crime Drug Enforcement Task Force (OCDETF) investigation initiated in August 2018 in response to increasing levels of gang violence and drug-related activities in the Vidalia area. When law enforcement seizes a significant quantity of drugs, its typically the result of a search involving an individuals home or automobile. The person being charged, while there may be an agreement, he doesnt know about it. A person convicted of manufacturing, delivering, distributing, selling or possessing with intent to distribute a Schedule I or Schedule II drug may be punishment by 5 to 30 years imprisonment if it is the persons first offense. All rights reserved. 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. 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. Trafficking methamphetamine can also have serious consequences and penalties. 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. Of a drug conspiracy charge, the sentence is a felony offense this field is validation... 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