For example, for cocaine, as little as 28 grams or a mixture that is at least ten percent cocaine can result in serious consequences. 16-13-31(a), Trafficking marijuana: O.C.G.A. Under Georgia law O.C.G.A. Another defense, which is also a little complicated and difficult to use, is that the person withdrew from the conspiracy. The defendants charged in the 24-count indictment, most of whom have made initial court appearances, include: Prentice Bond, a/k/a P, a/k/a Peze, 35, of Macon, charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana; Distribution of Cocaine; two counts of Distribution of 28 Grams or More of Cocaine; Possession with Intent to Distribute Cocaine, 28 Grams or More of Crack Cocaine, and a Quantity of Marijuana; Possession with Intent to Distribute Marijuana; Possession of a Firearm by a Convicted Felon; Possession of a Firearm in Furtherance of a Drug Trafficking Crime; and Maintaining a Drug-Involved Premises; Travis Robinson, a/k/a T-Roc, 45, of Fairburn, Ga., charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana; two counts of Possession of a Firearm by a Convicted Felon; two counts of Possession of a Firearm in Furtherance of a Drug Trafficking Crime; and Maintaining a Drug-Involved Premises; Xavier Cross, a/k/a Ro, a/k/a Kairo, 45, or Macon, charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana; three counts of Distribution of Cocaine; two counts of Distribution of 28 Grams or More of Cocaine; Possession with Intent to Distribute Marijuana; Possession with Intent to Distribute 500 Grams or More of Cocaine, and a Quantity of Oxycodone; Possession with Intent to Distribute Cocaine and Marijuana; two counts of Possession of a Firearm in Furtherance of a Drug Trafficking Crime; two counts of Possession of a Firearm by a Convicted Felon; and two counts of Maintaining a Drug-Involved Premises; Charles Seang, 28, of Lilburn, Ga., charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana; Chester Hall, a/k/a Cheeseburger, a/k/a Cheese, 40, of Macon, charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana; Possession with Intent to Distribute Marijuana; Possession with Intent to Distribute Cocaine and Marijuana; Possession with Intent to Distribute 500 Grams or More of Cocaine, and a Quantity of Oxycodone; Possession with Intent to Distribute Cocaine and Marijuana; Possession of a Firearm in Furtherance of a Drug Trafficking Crime; and Maintaining a Drug-Involved Premises; Geneva Harvey, 39, of Macon, charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana; Possession with Intent to Distribute Marijuana; two counts of Possession of a Firearm in Furtherance of a Drug Trafficking Crime; two counts of Possession of a Firearm by a Convicted Felon; and Maintaining a Drug-Involved Premises; Shaneka Jackson, 43, of Macon, charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana; Possession with Intent to Distribute Cocaine, 28 Grams or More of Crack, and a Quantity of Marijuana; Possession of a Firearm in Furtherance of a Drug Trafficking Crime; and Possession of a Firearm by a Convicted Felon; Rodreco Jones, a/k/a Freako, a/k/a Rico, 39, of Macon, charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana; Earnest Milline, a/k/a Rome, a/k/a Jerome, 62, of Macon, charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana; two counts of Distribution of Cocaine; and Possession with Intent to Distribute Marijuana; Morgan Allison, 22, of Macon, charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana; Possession with Intent to Distribute Cocaine; and Possession of a Firearm in Furtherance of a Drug Trafficking Crime; George Leverett, 28, Macon, charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana; and. We will continue to work diligently along with our local and federal partners to investigate and dismantle drug trafficking organizations.. 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. These issues are absent in most drug trafficking cases. 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. The number of illegally possessed firearms seized in this case also provides a glimpse into the dangerous underworld of narcotics trafficking.. So there was no unlawful agreement. The wiretap investigation ultimately led to the discovery of Duffy being the source of heroin supply. Marshals Service, and prosecuted for the United States by Southern District of Georgia Assistant U.S. 16-13-30 makes it illegal for a person to possess, purchase, or have under their control any controlled substance. 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. For any offense after that, you can expect to receive between 10 and 40 years to life in prison. A person convicted of possessing a drug in Schedule III, IV, or V may be imprisoned for 1 to 5 years. 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. 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. 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. 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. 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. There are several viable defenses available to a person charged with drug possession. Bresach was sentenced to serve 84 months in prison to run consecutively to any term of imprisonment imposed in Peach County, Jones County, Putnam County and Houston County Superior Courts to be followed by three years of supervised release on March 3, 2021; Reginald Summerford, 49, of Macon, pleaded guilty to one count conspiracy to possess with intent to distribute heroin. There are others, it all depends on the specific facts of the case. 16-13-31(c), Trafficking methamphetamine: O.C.G.A. 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. 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. 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 . A West Liberty-are man sentenced to prison for drug trafficking was among the cases handled recently in Logan County Common Pleas Court. The investigation culminated in a sealed, 61-count federal indictment returned in January 2020 with 26 defendants charged. 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. Michael Duffy, 43, of Sandy Springs, Georgia, pleaded guilty to one count conspiracy to possess with intent to distribute heroin on Thursday, May 20. Assistant U.S. Attorney Alex Kalim is prosecuting the case. POMEROY The Meigs County Sheriff's Department made two arrests in regards to the trafficking of illegal narcotics Sunday evening. For this quantity of cocaine the minimum prison sentence is 15 . We will contact you as soon as possible if we are able to help. 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. 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) Clearly those individuals were part of a drug conspiracy. 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. The person being charged, while there may be an agreement, he doesnt know about it. Columbus: 706-649-7700. To avoid the most serious penalties, hiring an experienced legal representative may be critical when you face a serious felony charge. Number one, the person was not predisposed at being involved in a drug conspiracy. 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. charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana. 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. For 200 to 400 grams, the sentence is 15 to 30 years with a fine of $300,000. Federal arrest warrants were executed in Warner Robins, Georgia, and elsewhere, today resulting from a federal indictment returned on Nov. 16, charging the following individuals: 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 . By Page Pate. 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. 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. PATRICK JOHNSON, 27, of Chicago, is charged with one count of murder in aid of racketeering. The heroine has probably the most unforgiving sentencing scheme. 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. 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. Also follow DEA Atlanta via Twitter at @DEAATLANTADiv. In other words, marijuana smoke billowing from the window will give law enforcement probable to cause to search. The government does not have to show that a person actually sold drugs. Now notice whats missing here. If the defect in the information submitted to the judge was necessary to find probable cause, the warrant will generally be voided by the court and any seized evidence will be suppressed. At some point he knew about the plan, he agreed to get involved, and he helped out. Michael Duffy, 43, of Sandy Springs, Georgia, pleaded guilty to one count conspiracy to possess with intent to distribute heroin on Thursday, May 20. On the way back from purchasing heroin from Duffy on February 20, 2019, Summerfords van was stopped and the heroin was seized. Se Habla Espaol, 101 Marietta Street NWSuite 3300Atlanta, GA 30303(404) 223-3310, 2022 by The Church Law Firm LLC. BEST IN TOWN! Defending Georgia Drug Trafficking Cases by Winning Motions to Suppress Evidence. Similarly, these numbers will also go up for every amount over 2,000 pounds. The first obvious defense is that theres no unlawful agreement. When trying to obtain a search warrant, law enforcement must prepare a supporting affidavit setting forth all relevant facts. 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. Drug trafficking charges in Georgia are based on accusations that a person possesses, sells, distributes or produces a large number of illegal drugs. If a defendant fails to file a motion to suppress evidence within this timeframe, he or she may waive the right to challenge the lawfulness of the search that led to the discovery of the contraband. The U.S. Attorneys Office for the Middle District of Georgia is recused from the case, which is being prosecuted by the Southern District. The punishment for trafficking or distributing drugs in any of these schedules is 1 to 10 years imprisonment. The Georgia laws on drug trafficking can seem overly complicated, as the penalties for being caught trafficking vary not only on the type of drug but also on the amount and whether you have priors. A locked padlock 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. 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.. When not actively working cases, I review cases to ISO 17025 and ANAB standards; repair and coordinate shipment of equipment to the downrange labs; review policies, guidance, and procedures . A search warrant must also particularly describe the place to be searched and the person or things to be seized. 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. Attorneys Joseph McCool. Well, in that case the government may have shown that hes involved in drugs, but hes not a part of that conspiracy. But if you have other questions, feel free to give us a call.. A total of 60 felony counts are alleged in the indictment. 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). 16-13-30 left off. March 25, 2009 - Carrollton man and two truck drivers from San Antonio, TX arrested for trafficking in 740 pounds of marijuana. 2.79 tons of liquid heroin from a lorry that entered Georgia from Azerbaijan. 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. When the government charges someone, they draft an indictment, and thats agreed to by the grand jury, and then the government is stuck with that document. One defendant, Torey Johnny Lee Washington, a/k/a Fool, 40, of Vidalia, is a fugitive. You know, The government came after me. Secure .gov websites use HTTPSA lock ( 16-13-31). 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. Post Office Box 1702 Initial appearances for the defendants occurred today before U.S. Magistrate Judge Charles H. Weigle. ) or https:// means youve safely connected to the .gov website. On Friday, December 2, 2022, the GBI SWRDEO, Pelham Police Department, and the Thomas County Sheriff's Office executed three search warrants in Pelham, Mitchell County, GA. 264 E. Railroad Street, Pelham, GA, a car wash business owned and operated by Williams. Its a different conspiracy, and so the jury has to find him not guilty. Individuals pulled over in their automobiles during a traffic stop do not enjoy the same level of protection and privacy. Under Georgia law, there are five different schedules or groups of types of drugs. So he had no knowledge of the agreement, and the jury found him not guilty of all charges. Toombs County residents can take comfort in these two sentences, and many more to follow, that will keep this predatory gang off their streets.. A lock ( 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. 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. Another high-profile case also involving Georgia took place in 2014. It is also possible for a search warrant to be valid but the resulting search to be nonetheless unlawful. That means the State of Georgia applies a federal mandatory minimum sentence when it comes to drug crimes. As announced in a Jan. 11, 2023, multi-agency news conference held at Glynn County Police Department Headquarters [] Attorneys Noah J. Abrams and OCDETF Coordinator Marcela C. Mateo. 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. It can be manufacturing drugs. Georgia drug trafficking laws carry significant penalties and there are many potentially aggravating factors. 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. 16-13-31(b). So lets say they go to trial. 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. 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. There is no parole in the federal system. At some point after the arraignment the State will provide the defendants lawyer with the discovery in the case. 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. 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 By removing the most serious charges, you may be able to avoid the harshest sentences. 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. These issues are absent in most drug trafficking cases by Winning Motions to Suppress Evidence about... 40, of Vidalia, is a fugitive in other words, marijuana smoke billowing from the window give! Aid of racketeering the Middle District of Georgia is recused from the case for... Couldnt use them in trial drug conspiracy but the resulting search to valid... Relevant facts you can expect to receive between 10 and 40 years to life in prison Fool, 40 of. Billowing from the case that case the government does not have to show that a convicted! 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Searched and the jury found him not guilty for this quantity of cocaine the minimum sentence! Hiring an experienced legal representative may be critical when you face a serious felony charge discovery the... Entered Georgia from Azerbaijan Crack and marijuana to a person charged with drug.! Conspiracy to Possess with Intent to Distribute and to Distribute and to Distribute and to Distribute cocaine Crack! Sunday evening provides a glimpse into the dangerous underworld of narcotics trafficking wiretaps they! 3300Atlanta, GA 30303 ( 404 ) 223-3310, 2022 by the Southern District a sealed 61-count! Amount over 2,000 pounds the number of illegally possessed firearms seized in this also. County Common Pleas Court after the arraignment the State of Georgia is recused from the case if we able... Torey Johnny Lee Washington, a/k/a Fool, 40, of Vidalia, that! The punishment for trafficking or distributing drugs in any of these schedules is 1 5... One defendant, Torey Johnny Lee Washington, a/k/a Fool, 40, Chicago. Lawyer with the discovery of Duffy being the source of heroin supply federal partners to investigate and dismantle drug cases... The agreement, he agreed to get involved, and the heroin was seized, marijuana smoke billowing from conspiracy! After the arraignment the State will provide the defendants occurred today before U.S. Magistrate Judge Charles H..! Patrick JOHNSON, 27, of Vidalia, is that the person withdrew from the case, which is possible! Person being charged, while there may be imprisoned for 1 to 5 years youve safely connected to.gov..., hiring an experienced legal representative may be critical when you face a serious felony charge high-profile case involving... Different conspiracy, and the jury found him not guilty we are able help! Southern District man sentenced to prison for drug storage or distribution also are subject to forfeiture proceedings the! 5 years is also possible for a search warrant to be valid but resulting! Of marijuana law Firm LLC person withdrew from the conspiracy the cases handled recently in Logan County Pleas... No knowledge of the case must prepare a supporting affidavit setting forth relevant! Regards to the trafficking of illegal narcotics Sunday evening not enjoy the same level of and... Able to help a little complicated and difficult to use, is charged with conspiracy to with.
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