The following co-defendants have previously pleaded guilty for their crimes in federal court and have been sentenced for their crimes: Chad Bresach, 38, of Eatonton, Georgia, pleaded guilty to one count distribution of heroin. If the search was conducted pursuant to a warrant, there are three primary ways to attack the lawfulness of the search. 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. Because this analysis is subject to change depending upon recent cases and legal developments, you should not rely on this summary as legal advice. There is very little difference between a trafficking charge and the lesser charge of O.C.G.A 16-13-30 (j) "Purchase, possession, manufacture, distribution, or sale of controlled substances or marijuana . 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 . 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. Contact The Waltman Firm to schedule a consultation today! 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. For example, for cocaine, as little as 28 grams or a mixture that is at least ten percent cocaine can result in serious consequences. In some cases, the information submitted to the judge will be incomplete, false, stale, or obtained through unreliable sources. All rights reserved. Under the law, there are two types of possession. 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. We represent clients in Atlanta and throughout the state of Georgia. 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. Trafficking methamphetamine can also have serious consequences and penalties. 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 charge carries upon conviction a penalty of up to life in prison. Marshals Service, and prosecuted for the United States by Southern District of Georgia Assistant U.S. 16-13-31(e), Trafficking morphine, opium,or heroin: O.C.G.A. 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. 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. If a warrant fails to state the exact address of the place to be searched or the specific items that may be seized by law enforcement, the warrant may be deemed invalid. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime. 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). He was simply told that what was in the duffel bags had to do with their work, was never given any indication that those duffel bags contained drugs. For 200 to 400 grams, the sentence is a minimum of 15 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: 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. 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. As with any important legal question, you should always consult aGeorgia criminal defense lawyerlicensed to practice in your jurisdiction. 16-13-31(b). The Justice Department announced the arrest of more than 110 people on gun and drug charges in three states. One of the things Ive learned is that most people, when theyre charged with something like this, really dont know what a drug conspiracy is. The wiretap investigation ultimately led to the discovery of Duffy being the source of heroin supply. 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. 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. And then once the government realized that, they dismissed the case. ) or https:// means youve safely connected to the .gov website. If you are convicted of 400 grams or more, you face a minimum prison sentence of 25 years and a $1,000,000 fine. In the courtroom theres no doubt that they are accomplished masterful attorneys who represented my son being accused of a criminal crime he did not commit. Sometimes theyll say they had consent to search, the person agreed to it, but they really didnt. 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. The following were arrested: Grayling Coley, age 26, of Cordele, Georgia was charged with: Two counts of Trafficking Heroin Two counts of Trafficking Methamphetamine One count of Distribution of Heroin One count of Possession of methamphetamine with the intent to distribute One count of Possession of cocaine with the intent to distribute 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. In drug possession cases, especially marijuana possession, proving the substance was illegal and establishing legal possession are the two biggest issues. 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). August 2010 - Atlanta man, Marlon . A search warrant must also particularly describe the place to be searched and the person or things to be seized. 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. In entrapment, you basically have to show two things. 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. 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. They also criminalize the mere possession of larger quantities of certain controlled substances, picking up where O.C.G.A. Somebodys house was searched, somebodys car was searched, a storage shed, a business. 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. 16-13-31 and O.C.G.A. They kept on after the person. There are several factors involved. Lock SE, Suite #417 Marietta, GA 30060, Title 16 Crimes and Offenses Chapter 13 Controlled Substances, Trafficking cocaine: O.C.G.A. The number of illegally possessed firearms seized in this case also provides a glimpse into the dangerous underworld of narcotics trafficking.. Georgia Drug Trafficking Charges O.C.G.A. If you or someone you know is facing a charge like this, I hope this has answered some of your questions. A Winsted, Connecticut, man pleaded guilty today to participating in a conspiracy to distribute fentanyl over the darknet. 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. The heroine has probably the most unforgiving sentencing scheme. 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. 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). 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. Call us or complete the form below. This field is for validation purposes and should be left unchanged. 16-13-31(c), if a person possesses, grows, brings into the state more than 10 pounds of marijuana, it is considered trafficking. A traffic stop is only lawful where the officer had reasonable grounds based on specific and articulable facts for making the stop. Bear in mind that if you are charged with drug trafficking, you may face a mandatory minimum sentence. Or, in other words, either actual or constructive possession will be enough to establish the possession needed to support a drug trafficking charge. If you are convicted of trafficking methamphetamine between 28 and 200 grams, the sentence can be ten to thirty years in the state penitentiary and a fine of $200,000. According to Georgia drug trafficking laws, for the lesser offenses of trafficking Schedule III, Schedule IV, and Schedule V controlled substances, you may receive 1 to 10 years in prison. 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. Even when a driver consents to his vehicle being searched, it may be possible to challenge the lawfulness of the search. There is no parole in the federal system. But those are the basic elements and defenses involved in a federal drug conspiracy charge. If you are charged with trafficking cocaine, that is not merely a slap on the wrist. The U.S. Attorneys Office for the Middle District of Georgia is recused from the case, which is being prosecuted by the Southern District. There are defenses, and there are several that we have used effectively in court when were representing someone charged in a drug conspiracy case. If that is the case, you can work with our law firm, and we can build a defense to help you get a . And E. Greg Gilluly Jr. 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. March 25, 2009 - Carrollton man and two truck drivers from San Antonio, TX arrested for trafficking in 740 pounds of marijuana. If successful, a motion to suppress evidence will usually result in the dismissal of all drug charges well before trial. A controlled substance is a drug, an immediate precursor or essential compound used to make a drug, or marijuana. The most strict penalties for trafficking marijuana, on the other hand, are measured in pounds. 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. In a press release from the department, on Jan . 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. This field is for validation purposes and should be left unchanged. The difference between drug trafficking and other drug crimes like drug possession, drug distribution or drug manufacturing is thequantityof drugs involved in the offense. PSN is an evidence-based program proven to be effective at reducing violent crime. So lets say they go to trial. The lawfulness of such a search depends heavily on how the search is characterized. An official website of the United States government. 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. Share sensitive information only on official, secure websites. The government stepped in and said, Youre prescribing too much medication. During December 2018 and January 2019, Duffy sold heroin from a trap house located in an Atlanta apartment. Our lawyers are licensed to practice in all state and federal courts in Georgia. 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. And even if you do that, it only protects you going forward. Read aboutour firms successin Georgia criminal cases. 16-13-31(c), Trafficking methamphetamine: O.C.G.A. As outlined below, Georgia law defines both these controversial elements very broadly in trafficking matters. 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. Discovery usually consists of police reports, drug lab reports, search warrants, arrest warrants, witness statements, and any video or audio recordings. Let our team of Newnan drug trafficking lawyers help you through this difficult time. They dont have to show that a person even had drugs. Now he faces many years in prison for the damage he has caused.. 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. 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. Attorneys Noah J . Columbus: 706-649-7700.