But those are the basic elements and defenses involved in a federal drug conspiracy charge. A .gov website belongs to an official government organization in the United States. They are complete masters of their knowledge of the law and understanding the court system while providing the top investigative team and forensic technology with a top notch administrative staff. The difference between drug trafficking and other drug crimes like drug possession, drug distribution or drug manufacturing is thequantityof drugs involved in the offense. Perhaps they made a call and suggested a drug deal, and he turned them down but they came back again. If you are convicted of moving 10,000 pounds or more, you face a sentence of at least fifteen years and a fine of million dollars ($1,000,000). U.S. Attorney's Office, Middle District of Georgia, Sandy Springs Heroin Supplier Pleads Guilty in Middle Georgia Drug Trafficking Case, Connecticut Man Pleads Guilty to Trafficking Fentanyl on the Darknet, 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, Sandy Springs Heroin Supplier Pleads Guilty In Middle Georgia Drug Trafficking Case. Each drug case has a unique set of facts, and whether the search that resulted in the drugs was lawful depends almost entirely on those facts. It can be manufacturing drugs. This case is the product of a concerted collaborative effort on the part of ATF and its local partners to target, investigate, and eliminate the perpetrators of violent crime, said Beau Kolodka, Assistant Special Agent in Charge of the Atlanta Field Office of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Anderson faces a maximum sentence of four years in prison to be followed by three years of supervised release and a $250,000 fine. We will continue to work diligently along with our local and federal partners to investigate and dismantle drug trafficking organizations.. Drug trafficking is a serious criminal charge based on certain quantities of illegal drugs. 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. The entrapment defense. 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. 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. We have successfully represented clients in serious criminal cases across the United States. Watch thisvideo. In other words, marijuana smoke billowing from the window will give law enforcement probable to cause to search. The terms possess, purchase, and deliver all have their ordinary every day meaning. The lawfulness of such a search depends heavily on how the search is characterized. 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. An official website of the United States government. That means the State of Georgia applies a federal mandatory minimum sentence when it comes to drug crimes. Under Georgia law, there are five different schedules or groups of types of drugs. 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. Trafficking generally includes allegations that an individual possesses, sells, distributes or manufactures a large amount of illegal drugs. In Cobb County, bonds for trafficking range from $65,000 up to $125,000. Search for jobs related to Georgia drug trafficking cases or hire on the world's largest freelancing marketplace with 21m+ jobs. Obviously there was an agreement. Se Habla Espaol, 101 Marietta Street NWSuite 3300Atlanta, GA 30303(404) 223-3310, 2022 by The Church Law Firm LLC. 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. A West Liberty-are man sentenced to prison for drug trafficking was among the cases handled recently in Logan County Common Pleas Court. PATRICK JOHNSON, 27, of Chicago, is charged with one count of murder in aid of racketeering. 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. 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. Anyone charged with drug trafficking in Georgia will need a good criminal defense attorney to help navigate the process. There are several factors involved. Major South Georgia drug trafficker sentenced to nearly two decades in federal prison Drug Enforcement Administration Robert J. Murphy, Jr. Special Agent in Charge Atlanta @DEAAtlantaDiv October 13, 2020 Contact: Chuvalo Truesdell Phone Number: (571) 362-3517 For Immediate Release Its a different conspiracy, and so the jury has to find him not guilty. 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. 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. 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. Trafficking methamphetamine can also have serious consequences and penalties. 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. U.S. District Judge Marc Treadwell is presiding over the hearings. A locked padlock We will contact you as soon as possible if we are able to help. 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 . Attorneys Joseph McCool. 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. On the way back from purchasing heroin from Duffy on February 20, 2019, Summerfords van was stopped and the heroin was seized. 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. ) or https:// means youve safely connected to the .gov website. 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. A Winsted, Connecticut, man pleaded guilty today to participating in a conspiracy to distribute fentanyl over the darknet. Want to know how we win appeals in Georgia criminal cases? The judge may also impose non-monetary restrictions (house arrest, no contact provisions, GPS ankle monitor, curfew, etc . Great example of this defense is a case I tried here in Atlanta a couple of years ago. So lets say they go to trial. And then once the government realized that, they dismissed the case. If you or someone you know is facing a charge like this, I hope this has answered some of your questions. Official websites use .govA .gov website belongs to an official government organization in the United States. The stop cannot be arbitrary or harassing. 16-13-31(c), Trafficking methamphetamine: O.C.G.A. 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. The Department of Justice (DOJ) has indicted 76 defendants following a large-scale drug trafficking investigation in Georgia, according to a Wednesday press release. 16-13-30). 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 investigation culminated in a sealed, 61-count federal indictment returned in January 2020 with 26 defendants charged. 2022 by The Church Law Firm LLC. The first element of trafficking involves whether you: The second element involves possessing, manufacturing, delivering, or distributing a certain amount of a drug, which varies between the controlled substances. A good example of that is a case I handled just last year representing a doctor who worked at a pain clinic. Marietta Office Suites 55 Atlanta St. 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. 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. Wade Watkins: Count 1- Trafficking Methamphetamine, 400 Grams or More (Conspiracy) Prison Empire: 2019-GS-47-23 (Pickens County) Count 1: Trafficking Methamphetamine, 400 Grams or More (Conspiracy) This affidavit is then submitted to the judge for his or her consideration. If you need the best, then hire the best! On the other hand, constructive possession means the individual has the illegal substances in an area where they have dominion or control over them. 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. A controlled substance is a drug, an immediate precursor or essential compound used to make a drug, or marijuana. POMEROY The Meigs County Sheriff's Department made two arrests in regards to the trafficking of illegal narcotics Sunday evening. He was simply prescribing medicine for his patients, and he was acting within the legitimate medical practice and what his license allowed. 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. 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. Share sensitive information only on official, secure websites. Operation Breaking the Bond is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. An official website of the United States government. 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. 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 the source of the operation, Duffy fueled an epidemic and wreaked havoc in many communities. All rights reserved. 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. 16-13-31(a), Trafficking marijuana: O.C.G.A. Have a question about Government Services? The first obvious defense is that theres 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. A lock ( document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Serving clients across the United States Its just a general understanding or plan between two or more people to do something that violates the federal drug laws. A driver who exhibits nervousness, however, is generally not enough to establish probable cause. 2.79 tons of liquid heroin from a lorry that entered Georgia from Azerbaijan. In early February 2019, Duffy moved into a house in Sandy Springs, Georgia, and used that residence to sell heroin. The penalties for drug trafficking vary depending on the type of drug, the weight of the drugs, and whether it was a first or repeated offense. Drug trafficking is a significant problem in Georgia because it is one of the top five states for illegal drug use. In some cases, the information submitted to the judge will be incomplete, false, stale, or obtained through unreliable sources. 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. Drug trafficking charges in Georgia are a felony. The State may also introduce the search warrant into evidence along with any other evidence it deems to be relevant. 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. Well, if its this broad, you wonder, Are there any defenses to it? Because it is very broad under federal law. Im out. Thats fine, but to really take advantage of this defense you have to communicate that to either law enforcement, or make it clear to everybody else in the conspiracy. 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. So there was no unlawful agreement. They can make a few phone calls and be part of a drug conspiracy. A locked padlock If that is the case, you can work with our law firm, and we can build a defense to help you get 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. When law enforcement seizes a significant quantity of drugs, its typically the result of a search involving an individuals home or automobile. Se Habla Espaol, 101 Marietta Street NWSuite 3300Atlanta, GA 30303(404) 223-3310, 2022 by The Church Law Firm LLC. This was a difficult case but due to the superb work of Page and Jess the charges were dropped. 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. It is also possible for a search warrant to be valid but the resulting search to be nonetheless unlawful. It will serve as a multi-jurisdictional drug enforcement agency controlled by Georgia Bureau of Investigation. 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. 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. For instance, the driver may grant permission for the officer to search the vehicles trunk. Of all drug charges, trafficking is often considered the worst, a conviction of which carries significant prison time, parole, and huge fines. 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. 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. Two homes alleged to have been involved as locations for drug storage or distribution also are subject to forfeiture proceedings in the indictment. If you have those two elements, then you have an entrapment defense, and its a very effective defense in trial. 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). It doesnt protect you from what you may have done with that group in the past. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Serving clients across 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. In most states, the case has to involve more than several pounds of marijuana or an ounce or more of harder drugs (like cocaine, methamphetamine, ecstasy, LSD, etc.) They are found in the Title 16 Crimes and Offenses Chapter 13 Controlled Substances. Bear in mind that if you are charged with drug trafficking, you may face a mandatory minimum sentence. Kathy Black, 40, of Macon, pleaded guilty to one count use of a communication facility to facilitate a drug trafficking offense. All rights reserved. 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. For example, for cocaine, as little as 28 grams or a mixture that is at least ten percent cocaine can result in serious consequences. Investigators also seized 39 illegally possessed firearms, ranging from pistols and shotguns to assault-style rifles. Individuals pulled over in their automobiles during a traffic stop do not enjoy the same level of protection and privacy. An official website of the United States government. 16-13-2). The government does not have to show that a person actually sold drugs. 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. Secure .gov websites use HTTPSA lock ( Drug trafficking charges in Georgia are based on accusations that a person possesses, sells, distributes or produces a large number of illegal drugs. An official website of the United States government. 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. The penalty for violating this statute depends on the type, the schedule the drug falls under, and amount of the drug. There are several viable defenses available to a person charged with drug possession. Deal, and so you violated the federal drug laws mandatory minimum sentence basic elements and involved! 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