According to Georgia law, selling drugs or trafficking a controlled substance can result in expensive drug charges that require substantial assistance. The Supreme Court has carved out an exception to the warrant requirement known as the automobile exception. Even when a driver consents to his vehicle being searched, it may be possible to challenge the lawfulness of the search. So I thought it might be helpful to talk about the basics. 16-13-30). 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. The most strict penalties for trafficking marijuana, on the other hand, are measured in pounds. 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. Black was sentenced to serve 18 months in prison to be followed by one year of supervised release on March 3, 2021. Kathy Black, 40, of Macon, pleaded guilty to one count use of a communication facility to facilitate a drug trafficking offense. An official website of the United States government. And E. Greg Gilluly Jr. 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. 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. 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. 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). DEFINITION OF TRAFFICKING MARIJUANA. 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. If you are convicted of 400 grams or more, you face a prison sentence of 25 to 30 years and a $1,000,000 fine. 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. There are several factors involved. Share sensitive information only on official, secure websites. In Georgia, a motion to suppress evidence must generally be filed within 10 days after the arraignment date. 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. 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. Including Adams, Jackson, and Toussaint, 22 of the 26 defendants have entered guilty pleas; 12 of them have been sentenced, with terms of up to 141 months in prison. The terms possess, purchase, and deliver all have their ordinary every day meaning. 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. If you have been charged with a serious drug offense in Atlanta, or anywhere else in Georgia, it is imperative that you retain an aggressive Atlanta criminal defense attorney experienced in filing and arguing motions to suppress evidence. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Serving clients across the United States The people that he was carrying into Atlanta had large duffel bags with them, and it turns out they had a lot of cocaine in those duffel bags. This affidavit is then submitted to the judge for his or her consideration. Call us or complete the form below. 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. Under Georgia law O.C.G.A. Official websites use .gov 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. If the search was conducted pursuant to a warrant, there are three primary ways to attack the lawfulness of the search. 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. 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. We will forever be grateful to them for all their hard work, compassion and dedication. 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. 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. PATRICK JOHNSON, 27, of Chicago, is charged with one count of murder in aid of racketeering. 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. Bear in mind that if you are charged with drug trafficking, you may face a mandatory minimum sentence. Columbus: 706-649-7700. 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. 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. Share sensitive information only on official, secure websites. Assistant U.S. Attorney Robert McCullers is prosecuting the case. A total of 76 defendants are named in a newly unsealed federal indictment describing a massive drug trafficking investigation tied to the Ghost Face Gangsters criminal street gang that includes allegations of multiple deaths from illegal drug overdoses. Sometimes theyll say they had consent to search, the person agreed to it, but they really didnt. Furthermore, possession of larger quantities of certain types of drugs (such as cocaine, opium, heroin, marijuana, and methamphetamine, to name a few) allows the presumption that the drugs were being trafficked which comes with much harsher punishment. For any offense after that, you can expect to receive between 10 and 40 years to life in prison. If you need the best, then hire the best! What usually happens in a Georgia criminal case? Another high-profile case also involving Georgia took place in 2014. A few common defenses include: The information provided above is a very general summary of Georgia drug trafficking and possession law at the time this text was prepared. 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. This field is for validation purposes and should be left unchanged. They kept on after the person. The punishment for trafficking or distributing drugs in any of these schedules is 1 to 10 years imprisonment. 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. It can be manufacturing drugs. They tried to sell me drugs. 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. 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. This was a difficult case but due to the superb work of Page and Jess the charges were dropped. 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. On the other hand, constructive possession means the individual has the illegal substances in an area where they have dominion or control over them. But, in some cases, a judge can depart from the mandatory minimum term of imprisonment if, for example, the persons criminal conduct didnt result in death or serious injury, or they didnt possess a dangerous weapon or a firearm at the time when the crime was committed. 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. Somebodys house was searched, somebodys car was searched, a storage shed, a business. Possession of more than 1 ounce is a felony punishable by 1 to 10 years imprisonment. A .gov website belongs to an official government organization in the United States. 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. 16-13-30 left off. However, the quantity of marijuana being trafficked impacts the penalties, and even affects parole guidelines. 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). A West Liberty-are man sentenced to prison for drug trafficking was among the cases handled recently in Logan County Common Pleas Court. Share sensitive information only on official, secure websites. A good example of that is a case I handled just last year representing a doctor who worked at a pain clinic. 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. In entrapment, you basically have to show two things. 2.79 tons of liquid heroin from a lorry that entered Georgia from Azerbaijan. And so, while he actually helped them commit the offense, he wasnt aware of the unlawful plan,. 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. The government does not have to show that a person actually sold drugs. For 2,000 to 10,000 pounds, you can be sentenced to seven to thirty years in prison and a fine of $250,000. In a press release from the department, on Jan . If a hearing is requested, the court will set the hearing down to be heard on a specific date. Official websites use .gov 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. Look no further then Page Pate and Jess Johnson if you want the best trial lawyers to represent you! A locked padlock Under the law, there are two types of possession. 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. Two Key Defendants in Middle Georgia Drug Trafficking Conspiracy Sentenced to Federal Prison 'Operation Ace in the Hole' targeted major drug distributors 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. If that is the case, you can work with our law firm, and we can build a defense to help you get a . Official websites use .govA .gov website belongs to an official government organization in the United States. . Secure .gov websites use HTTPSA lock ( The government stepped in and said, Youre prescribing too much medication. On February 22, 2019, pursuant to a valid federal search warrant, law enforcement searched Duffys narcotics sales location at his Sandy Springs home. 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. U.S. District Judge Marc Treadwell is presiding over the hearings. Ryan Brown handles drug trafficking cases across the state of Georgia. March 25, 2009 - Carrollton man and two truck drivers from San Antonio, TX arrested for trafficking in 740 pounds of marijuana. 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. Adams, a regional leader in the Gangster Disciples criminal street gang, was sentenced as an armed career criminal after pleading guilty to Distribution of Cocaine and Possession of a Firearm by a Convicted Felon. It doesnt protect you from what you may have done with that group in the past. Understanding whats going on, they say, Hey, I wanna be a part of this. Now thats it, just those two elements. | July 13, 2013. These dangerous drugs cause immeasurable damage to communities, but DEA and its law enforcement partners are committed to protecting these communities. Drug trafficking charges in Georgia are based on accusations that a person possesses, sells, distributes or produces a large number of illegal drugs. Are two types of possession years imprisonment then Page Pate and Jess the charges were dropped when a consents! To search, the person agreed georgia drug trafficking cases it, but they really didnt,,... 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