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. They kept on after the person. If you or someone you know is facing a charge like this, I hope this has answered some of your questions. A .gov website belongs to an official government organization in the United States. Lock A person, if convicted, who purchases or possesses either a Schedule I or narcotic Schedule II drug is guilty of a felony and may be punished by imprisonment for 1-3 years (if less than 1 gram), 1-8 years (if more than 1 gram but less than 4 grams), or for 1-15 years (if more than 4 grams but less than 28 grams). Assistant U.S. Attorney Alex Kalim is prosecuting the case. Operation Breaking the Bond is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. Official websites use .govA .gov website belongs to an official government organization in the United States. Another high-profile case also involving Georgia took place in 2014. He was simply prescribing medicine for his patients, and he was acting within the legitimate medical practice and what his license allowed. In Georgia, a motion to suppress evidence must generally be filed within 10 days after the arraignment date. 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. The charges of possession of cocaine with intent to distribute and possession of cocaine base with intent to distribute each carry a mandatory minimum sentence of five years up to a maximum sentence of 40 years and a $5,000,000 fine. Have a question about Government Services? 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. 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. I didnt go after them. 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. For example, if your charge of trafficking can be negotiated to a charge of drug possession, it may drop from a felony to a misdemeanor. Under Georgia law O.C.G.A. They didnt seal the recordings like they were supposed to. 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. The penalty for violating this statute depends on the type, the schedule the drug falls under, and amount of the drug. 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. A person who purchases or possesses a non-narcotic Schedule II drug can be punished by imprisonment for 1-3 years (if less than 2 grams), 1-8 years (if more than 2 grams but less than 4 grams), or for 1-15 years (if more than 4 grams but less than 28 grams). 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. 16-13-31(c), if a person possesses, grows, brings into the state more than 10 pounds of marijuana, it is considered trafficking. All rights reserved. In a press release from the department, on Jan . 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. That means the State of Georgia applies a federal mandatory minimum sentence when it comes to drug crimes. 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. 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. According to the ministry, at the time, that was the largest amount of drugs seized in Georgia. However, if you are convicted of trafficking between 4 and 14 grams of heroin, morphine, and opium, the sentence is five to thirty years in prison with an associated fine of $50,000. Let our team of Newnan drug trafficking lawyers help you through this difficult time. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Serving clients across the United States MACON, GA - Twelve defendants have been charged in a newly unsealed federal indictment alleging a middle Georgia drug trafficking conspiracy. Obtaining legal advice regarding the most current illegal drugs law can potentially save you money and trouble. 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. 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. If a person is convicted of drug trafficking, he or she may face spending years in prison, having valuable assets taken away, and paying hefty fines, all in addition to having his or her own personal reputation and relationships compromised. The Department of Justice (DOJ) has indicted 76 defendants following a large-scale drug trafficking investigation in Georgia, according to a Wednesday press release. 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. Drug trafficking charges are serious in Georgia and are nearly always prosecuted as a felony offense. The stop cannot be arbitrary or harassing. Under Georgia law, it is illegal to possess, manufacture, deliver, distribute or possess with intent to distribute any controlled substance (O.C.G.A. 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. The most strict penalties for trafficking marijuana, on the other hand, are measured in pounds. Now he faces many years in prison for the damage he has caused.. A person convicted of possessing a drug in Schedule III, IV, or V may be imprisoned for 1 to 5 years. The difference between possession or selling methamphetamine from trafficking methamphetamine is the amount of drugs. Many Georgia drug trafficking cases originate on the highways. Bear in mind that if you are charged with drug trafficking, you may face a mandatory minimum sentence. watch thisvideo. August 2010 - Atlanta man, Marlon . Two homes alleged to have been involved as locations for drug storage or distribution also are subject to forfeiture proceedings in the indictment. You can also be charged with trafficking if you bring a large enough amount of a controlled substance from another country or state. They have evidence that an individual is involved in the drug business, but they have charged him with a bunch of people that he didnt know. Tawana Daniels, 40, of Fairburn, Ga., charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana; Possession of a Firearm in Furtherance of a Drug Trafficking Crime; and Possession of a Firearm by a Convicted Felon. PATRICK JOHNSON, 27, of Chicago, is charged with one count of murder in aid of racketeering. 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. 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. 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: The charge of possession of a firearm in furtherance of a drug trafficking crime carries a mandatory minimum of five years up to a maximum life sentence and a $250,000 fine; The charge of possession of a firearm by a convicted felon carries a maximum ten years in prison and a $250,000 fine; The charges of conspiracy to distribute controlled substances and possession of methamphetamine each carry a mandatory minimum sentence of ten years up to a maximum life sentence and a $10,000,000 fine; The charge of distribution of cocaine base carries a maximum sentence of twenty years and a $1,000,000 fine; and. 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. Drug trafficking is a serious criminal charge based on certain quantities of illegal drugs. Now he ran a medical practice and he prescribed pain medication, opioid pain medication, to a number of different patients for chronic pain. To put it another way, the officer must have a particularized and objective basis for suspecting the person of criminal activity. The number of illegally possessed firearms seized in this case also provides a glimpse into the dangerous underworld of narcotics trafficking.. 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. An official website of the United States government. Macon, Georgia 31202-1702, Macon: 478-752-3511 An individuals home receives greater protection under our Constitution than automobiles. 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. So, even if an individual doesnt have drugs on them, they can still face drug crime 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. During December 2018 and January 2019, Duffy sold heroin from a trap house located in an Atlanta apartment. During the search, a Kel-Tec 9mm pistol, 9mm and .40 caliber ammunition, a bag containing small drug baggies and a quantity of suspected narcotics were seized. The drugs were hidden in such items as childrens backpacks and baby-formula bottles. 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. 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 . 16-13-30). A Winsted, Connecticut, man pleaded guilty today to participating in a conspiracy to distribute fentanyl over the darknet. 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. 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. The investigation culminated in a sealed, 61-count federal indictment returned in January 2020 with 26 defendants charged. And E. Greg Gilluly Jr. 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. There is no parole in the federal system. Watch thisvideo. 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. 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. 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. ) or https:// means youve safely connected to the .gov website. A locked padlock As a general matter, possession of less than 1 ounce of marijuana is a misdemeanor (O.C.G.A. We will contact you as soon as possible if we are able to help. The government does not have to show that a person actually sold drugs. Marshals Service, and prosecuted for the United States by Southern District of Georgia Assistant U.S. Their dedication and complete commitment to their client is beyond reproach. 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. An official website of the United States government. Share sensitive information only on official, secure websites. 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. 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 . There is no parole in the federal system. Ive been representing people in federal court over the past 20 years, and Ive handled a lot of federal drug conspiracy cases. Under Georgia law, there are five different schedules or groups of types of drugs. In general, drug trafficking is defined as manufacturing, transporting, selling, or having an illegal substance in more significant quantities than would typically be needed for use alone. According to Georgia Code 16-13-31 and 16-13-31.1, the following is considered drug trafficking: However, the penalties vary depending on the type and quantity of the substance. If a hearing is requested, the court will set the hearing down to be heard on a specific date. 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. Investigators also seized 39 illegally possessed firearms, ranging from pistols and shotguns to assault-style rifles. One of the most powerful tools a criminal defense lawyer has in a drug trafficking or possession case is the motion to suppress evidence. Williams was in possession of approximately one ounce of methamphetamine and arrested. For this quantity of cocaine the minimum prison sentence is 15 . A locked padlock An official website of the United States government. The community is much safer with these defendants behind bars., Illegal guns and drugs have no place in Georgia. It doesnt protect you from what you may have done with that group in the past. If convicted of a second or subsequent offense, he may be imprisoned for 10 to 40 years. Number one, the person was not predisposed at being involved in a drug conspiracy. ) or https:// means youve safely connected to the .gov website. A search warrant must also particularly describe the place to be searched and the person or things to be seized. PATRICK JOHNSON, 27, of Chicago, is charged with one count of murder in aid of racketeering. The distribution of dangerous substances like, cocaine, crack, and marijuana continue to plague many communities. The large-scale operation in Georgia, West Virginia and New York follows recent efforts to combat violent crimes and keep repeat offenders behind bars. There are others, it all depends on the specific facts of the case. Another defense is that there is no knowledge of the agreement. It is also illegal to manufacture, deliver, distribute, sell, or possess with intent to distribute any controlled substance (with limited exceptions). 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