Manufacture means the production, preparation, compounding, conversion, or processing of a controlled substance by extracting components of a substances natural origin or by chemical synthesis. The punishment for trafficking or distributing drugs in any of these schedules is 1 to 10 years imprisonment. As outlined below, Georgia law defines both these controversial elements very broadly in trafficking matters. Punishment for possessing or distributing Schedule I drugs is the most severe. In Georgia, a motion to suppress evidence must generally be filed within 10 days after the arraignment date. Our lawyers are licensed to practice in all state and federal courts in Georgia. 16-13-31(a), Trafficking marijuana: O.C.G.A. The U.S. Attorneys Office for the Middle District of Georgia is recused from the case, which is being prosecuted by the Southern District. 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. Marietta Office Suites 55 Atlanta St. It can be manufacturing drugs. Official websites use .govA .gov website belongs to an official government organization in the United States. 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. 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. Those numbers go up with every amount over 200 grams. Actual possession means that an individual has an illegal substance on them, in their proximity or that he or she has direct control over the drugs. In that case, it is considered drug trafficking under Section 16-13-31 and the punishment is as follows: mandatory 5-year minimum imprisonment if the quantity is more than 4 but less than 14 grams and a $50,000.00 fine; mandatory 10 year minimum imprisonment if the quantity is more than 14 but less than 28 grams and a $100,000.00 fine; and mandatory 25 year minimum imprisonment if the quantity is more than 28 grams and a $500,000.00 fine. This field is for validation purposes and should be left unchanged. In the first one, they didnt have enough probable cause to get the wiretap. They are dangerous and threaten the safety of our communities, said Vic Reynolds, Director of the GBI. 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. So its lack of predisposition, and its that second thing, the government conduct. 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 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. 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. If that is the case, you can work with our law firm, and we can build a defense to help you get a . Drug trafficking is a significant problem in Georgia because it is one of the top five states for illegal drug use. Also follow DEA Atlanta via Twitter at @DEAATLANTADiv. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Serving clients across the United States They tried to sell me drugs. Share sensitive information only on official, secure websites. 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. All rights reserved. According to Georgia law, selling drugs or trafficking a controlled substance can result in expensive drug charges that require substantial assistance. PATRICK JOHNSON, 27, of Chicago, is charged with one count of murder in aid of racketeering. But if you have other questions, feel free to give us a call.. Also follow DEA Atlanta via Twitter at @DEAATLANTADiv. 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. There is no parole in the federal system. The first obvious defense is that theres no unlawful agreement. The judge may also impose non-monetary restrictions (house arrest, no contact provisions, GPS ankle monitor, curfew, etc . document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Serving clients across the United States Individuals pulled over in their automobiles during a traffic stop do not enjoy the same level of protection and privacy. Drug trafficking is a serious criminal charge based on certain quantities of illegal drugs. There are others, it all depends on the specific facts of the case. 2022 by The Church Law Firm LLC. A search warrant must also particularly describe the place to be searched and the person or things to be seized. Albany: 229-430-7754 When trying to obtain a search warrant, law enforcement must prepare a supporting affidavit setting forth all relevant facts. If you are convicted of 400 grams or more, you face a minimum prison sentence of 25 years and a $1,000,000 fine. 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. Well, if its this broad, you wonder, Are there any defenses to it? Because it is very broad under federal law. Assistant U.S. Attorney Robert McCullers is prosecuting the case. The stop cannot be arbitrary or harassing. The drugs were hidden in such items as childrens backpacks and baby-formula bottles. Justin Adams, a/k/a Ace, 40, of Vidalia, and Andre Jackson, a/k/a Dre, 31, of Vidalia, were sentenced by U.S. District Court Judge R. Stan Baker, said Acting U.S. Attorney David H. Estes. 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). The most strict penalties for trafficking marijuana, on the other hand, are measured in pounds. 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. What usually happens in a Georgia criminal case? Understanding whats going on, they say, Hey, I wanna be a part of this. Now thats it, just those two elements. Operation Breaking the Bond is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. At some point he knew about the plan, he agreed to get involved, and he helped out. 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 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. 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. Because this analysis is subject to change depending upon recent cases and legal developments, you should not rely on this summary as legal advice. 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. The difference between drug trafficking and other drug crimes like drug possession, drug distribution or drug manufacturing is thequantityof drugs involved in the offense. Official websites use .govA .gov website belongs to an official government organization in the United States. 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. To meet this burden, the State usually calls the arresting or searching officer to testify about the facts that gave rise to the search. A locked padlock 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. 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 He was simply prescribing medicine for his patients, and he was acting within the legitimate medical practice and what his license allowed. Its just this agreement, and then knowing about the agreement, saying, I wanna be a part of it. The person can drive a car and be part of a drug conspiracy. You need to consider that in almost any drug case theres usually going to be a search. 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. So there was no unlawful agreement. 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. 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 . It is also possible for a search warrant to be valid but the resulting search to be nonetheless unlawful. All rights reserved. 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. 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. Furthermore, for larger quantities of certain types of drugs, a person may also be charged with drug trafficking (O.C.G.A. One defendant, Torey Johnny Lee Washington, a/k/a Fool, 40, of Vidalia, is a fugitive. If successful, a motion to suppress evidence will usually result in the dismissal of all drug charges well before trial. Perhaps they made a call and suggested a drug deal, and he turned them down but they came back again. Defending Georgia Drug Trafficking Cases by Winning Motions to Suppress Evidence. 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. For 2,000 to 10,000 pounds, you can be sentenced to seven to thirty years in prison and a fine of $250,000. According to the ministry, at the time, that was the largest amount of drugs seized in Georgia. 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. 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. A person convicted of possessing a drug in Schedule III, IV, or V may be imprisoned for 1 to 5 years. A good example of that is a case I handled just last year representing a doctor who worked at a pain clinic. "Today, the Justice Department has taken several significant enforcement actions to disrupt large-scale illegal gun and drug . Drug trafficking is a serious criminal charge based on certain quantities of illegal drugs. They will walk you through each legal process, demonstrating professionalism while being aggressive advocates for you. A .gov website belongs to an official government organization in the United States. The first element is that there is an agreement to violate the drug laws, and that sounds pretty simple. 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. However, if the possession is 4-28 grams or more of opium, heroin, morphine, or several other substances under Schedules I and II, the punishment is much more severe. Contact The Waltman Firm to schedule a consultation today! If a hearing is requested, the court will set the hearing down to be heard on a specific date. A locked padlock Criminal indictments contain only charges; defendants are presumed innocent unless and until proven guilty. 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. Lock Bear in mind that if you are charged with drug trafficking, you may face 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. 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. Have a question about Government Services? Weve done that in many cases, and usually because the evidence that they find during the search is so important, if we can keep that out, the case will be dismissed. 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. 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. Attorneys Joseph McCool. 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. 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. Toombs County residents can take comfort in these two sentences, and many more to follow, that will keep this predatory gang off their streets.. Obviously there was an agreement. 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. 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.. And it is. A Winsted, Connecticut, man pleaded guilty today to participating in a conspiracy to distribute fentanyl over the darknet. There is no requirement that the person actually has to handle any drugs. 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. Georgia drug trafficking laws regulate the manufacture, distribution, delivery, and sale of controlled substances. The community is much safer with these defendants behind bars., Illegal guns and drugs have no place in Georgia. 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. 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. What is drug trafficking? 16-13-31(e), Trafficking morphine, opium,or heroin: O.C.G.A. Macon, Georgia 31202-1702, Macon: 478-752-3511 DEFINITION OF TRAFFICKING MARIJUANA. We will contact you as soon as possible if we are able to help. It will serve as a multi-jurisdictional drug enforcement agency controlled by Georgia Bureau of Investigation. So when they go to trial, if they dont prove exactly whats in that indictment, then the jury cannot find the person guilty. Drug trafficking charges are serious in Georgia and are nearly always prosecuted as a felony offense. Michael Duffy, 43, of Sandy Springs, Georgia, pleaded guilty to one count conspiracy to possess with intent to distribute heroin on Thursday, May 20. In entrapment, you basically have to show two things. In some cases, the government will have a warrant, in some cases they wont. Well, in that case the government may have shown that hes involved in drugs, but hes not a part of that conspiracy. So I thought it might be helpful to talk about the basics. The entrapment defense. The lawfulness of such a search depends heavily on how the search is characterized. The investigation culminated in a sealed, 61-count federal indictment returned in January 2020 with 26 defendants charged. Here is a short video describing drug trafficking laws in Georgia, including some defenses that our firm has used in the past to win these cases at trial or successfully resolve them before they ever get to trial. 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. 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. 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. Share sensitive information only on official, secure websites. SE, Suite #417 Marietta, GA 30060, Title 16 Crimes and Offenses Chapter 13 Controlled Substances, Trafficking cocaine: O.C.G.A. Their dedication and complete commitment to their client is beyond reproach. You can also be charged with trafficking if you bring a large enough amount of a controlled substance from another country or state. 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. And even if you do that, it only protects you going forward. 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. That can be importing drugs, it can be distributing drugs, it can be possessing drugs with the intent to distribute. A driver who exhibits nervousness, however, is generally not enough to establish probable cause. Some are truly illegal (like heroin) and some are legal with a valid prescription from a doctor. There is no parole in the federal system. Jackson faces a maximum 20 years in prison to be followed by at least three years of supervised release and a $1,000,000 fine; and.