Assistant U.S. Attorney Robert McCullers is prosecuting the case. 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 This field is for validation purposes and should be left unchanged. 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. The community is much safer with these defendants behind bars., Illegal guns and drugs have no place in Georgia. 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. March 10, 2009 - Regional drug-fighting hub opens in Carrollton. There is no requirement that the person actually has to handle any drugs. Investigators also seized 39 illegally possessed firearms, ranging from pistols and shotguns to assault-style rifles. Operation Breaking the Bond is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. Kathy Black, 40, of Macon, pleaded guilty to one count use of a communication facility to facilitate a drug trafficking offense. If, for example, law enforcement detained a driver accused of speeding for an hour simply to wait on the arrival of a drug sniffing dog, the court would likely find such prolonged detention to be unlawful. A Winsted, Connecticut, man pleaded guilty today to participating in a conspiracy to distribute fentanyl over the darknet. The punishment for a controlled substance offense depends on whether the drug was only possessed or if it was manufactured or distributed, type of substance, and the weight of the substance. Assistant U.S. Attorney Alex Kalim is prosecuting the case. 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. And even if you do that, it only protects you going forward. It can be manufacturing drugs. You know, The government came after me. A criminal defense lawyer may attack: 1) the information used to procure the warrant; 2) the specificity of the warrant; and 3) the search itself. Drug trafficking charges in Georgia are a felony. 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. 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. 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. At some point after the arraignment the State will provide the defendants lawyer with the discovery in the case. Possession of more than 1 ounce is a felony punishable by 1 to 10 years imprisonment. Look no further then Page Pate and Jess Johnson if you want the best trial lawyers to represent you! If you are convicted of trafficking an amount of cocaine between 28 and 200 grams, the sentence can be ten to thirty years in the state penitentiary and a fine of $200,000. A traffic stop is only lawful where the officer had reasonable grounds based on specific and articulable facts for making the stop. 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.. Se Habla Espaol, 101 Marietta Street NWSuite 3300Atlanta, GA 30303(404) 223-3310, 2022 by The Church Law Firm LLC. 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. Michael Duffy, 43, of Sandy Springs, Georgia, pleaded guilty to one count conspiracy to possess with intent to distribute heroin on Thursday, May 20. 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. 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. In other words, marijuana smoke billowing from the window will give law enforcement probable to cause to search. Dews was sentenced to serve 20 months in prison to be followed by one year of supervised release on March 3, 2021; and. So, even if an individual doesnt have drugs on them, they can still face drug crime charges. The first element is that there is an agreement to violate the drug laws, and that sounds pretty simple. 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. 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. We will forever be grateful to them for all their hard work, compassion and dedication. The operation, which started in mid-2019, targeted sources of illegal drugs brought into and distributed in the Macon area, and led to a series of searches in which large amounts of cocaine, crack cocaine, oxycodone, and marijuana were seized, along with nearly $97,000 in cash, a machine for pressing kilo-sized bricks of cocaine, money counters, scales, and drug packaging materials. Attorneys Joseph McCool. Now he ran a medical practice and he prescribed pain medication, opioid pain medication, to a number of different patients for chronic pain. 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. to be charged with drug trafficking. 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. 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) They can make a few phone calls and be part of a drug conspiracy. 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. Furthermore, for larger quantities of certain types of drugs, a person may also be charged with drug trafficking (O.C.G.A. BEST IN TOWN! For 200 to 400 grams, the sentence is 15 to 30 years with a fine of $300,000. 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 . Weve also been successful suppressing wiretaps, and we see wiretaps now in almost every drug case. 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. Trafficking generally includes allegations that an individual possesses, sells, distributes or manufactures a large amount of illegal drugs. 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. They are found in the Title 16 Crimes and Offenses Chapter 13 Controlled Substances. According to Georgia law, selling drugs or trafficking a controlled substance can result in expensive drug charges that require substantial assistance. 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. If you are convicted of trafficking 28 grams or more, you face a sentence of 25 to 30 years and a $500,000 fine. 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. 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 . 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 . 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. 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. 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. Again, a federal judge threw out those wiretaps and we were able to resolve the case. One defendant, Torey Johnny Lee Washington, a/k/a Fool, 40, of Vidalia, is a fugitive. 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. A lock ( If convicted of a second or subsequent offense, he may be imprisoned for 10 to 40 years. 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. Will it apply in my case? 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. It is also illegal to manufacture, deliver, distribute, sell, or possess with intent to distribute any controlled substance (with limited exceptions). Marshals Service, and prosecuted for the United States by Southern District of Georgia Assistant U.S. A locked padlock 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. A locked padlock ) or https:// means youve safely connected to the .gov website. 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. To avoid accidentally committing a crime, it is wise to learn as much as you can about the drug trafficking laws in Georgia. This guide covers the basics of these laws and the penalties if someone violates them. After reviewing the discovery, a criminal defense attorney will decide whether to challenge the search by demanding that the court hold a hearing to determine the admissibility of the drugs. . We get a lot of questions about the entrapment defense. POMEROY The Meigs County Sheriff's Department made two arrests in regards to the trafficking of illegal narcotics Sunday evening. 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. As the source of the operation, Duffy fueled an epidemic and wreaked havoc in many communities. There is no parole in the federal system. The U.S. Attorneys Office for the Middle District of Georgia is recused from the case, which is being prosecuted by the Southern District. An official website of the United States government. Our firm has offices inAtlanta GA and Brunswick GA, and we frequently travel to other courts across the state to represent people in serious criminal cases. Let our team of Newnan drug trafficking lawyers help you through this difficult time. The investigation culminated in a sealed, 61-count federal indictment returned in January 2020 with 26 defendants charged. For instance, the driver may grant permission for the officer to search the vehicles trunk. The entrapment defense. Official websites use .gov Obviously there was an agreement. On Saturday, January 14, a Columbus officer attempted to initiate a traffic stop in the area of Beacon . Post Office Box 1702 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. So its lack of predisposition, and its that second thing, the government conduct. PATRICK JOHNSON, 27, of Chicago, is charged with one count of murder in aid of racketeering. Toussaint is among seven defendants awaiting sentencing, while three defendants are awaiting trial. Se Habla Espaol, 101 Marietta Street NWSuite 3300Atlanta, GA 30303(404) 223-3310, 2022 by The Church Law Firm LLC. Drug trafficking charges are serious in Georgia and are nearly always prosecuted as a felony offense. For this quantity of cocaine the minimum prison sentence is 15 . So I thought it might be helpful to talk about the basics. The distribution of dangerous substances like, cocaine, crack, and marijuana continue to plague many communities. If you have those two elements, then you have an entrapment defense, and its a very effective defense in trial. Disclaimer|Sitemap. Columbus: 706-649-7700. An official website of the United States government. 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. It's free to sign up and bid on jobs. 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. If you are charged with trafficking cocaine, that is not merely a slap on the wrist. 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. 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 Cobb County, bonds for trafficking range from $65,000 up to $125,000. Another high-profile case also involving Georgia took place in 2014. In drug possession cases, especially marijuana possession, proving the substance was illegal and establishing legal possession are the two biggest issues. Secure .gov websites use HTTPSA lock ( 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. SE, Suite #417 Marietta, GA 30060, Title 16 Crimes and Offenses Chapter 13 Controlled Substances, Trafficking cocaine: O.C.G.A. watch thisvideo. Clearly those individuals were part of a drug conspiracy. 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. For any offense after that, you can expect to receive between 10 and 40 years to life in prison. 16-13-31(b). 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. Trafficking methamphetamine can also have serious consequences and penalties. Under Georgia law O.C.G.A. However, the quantity of marijuana being trafficked impacts the penalties, and even affects parole guidelines. The person being charged, while there may be an agreement, he doesnt know about it. What is drug trafficking? To meet this burden, the State usually calls the arresting or searching officer to testify about the facts that gave rise to the search. Albany: 229-430-7754 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. Bear in mind that if you are charged with drug trafficking, you may face a mandatory minimum sentence. 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. 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