We represent clients in Atlanta and throughout the state of Georgia. Drug trafficking charges in Georgia are a felony. So I thought it might be helpful to talk about the basics. 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. Assistant U.S. Attorney Robert McCullers is prosecuting the case. Jackson pled guilty to Conspiracy to Possess with Intent to Distribute More Than 5 Grams of Methamphetamine, and Quantities of Marijuana and Cocaine. 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. Drug trafficking is a serious criminal charge based on certain quantities of illegal drugs. To avoid accidentally committing a crime, it is wise to learn as much as you can about the drug trafficking laws in Georgia. 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. Again, a federal judge threw out those wiretaps and we were able to resolve the case. What is drug trafficking? This field is for validation purposes and should be left unchanged. On the way back from purchasing heroin from Duffy on February 20, 2019, Summerfords van was stopped and the heroin was seized. 16-13-31(c), Trafficking methamphetamine: O.C.G.A. The Department of Justice (DOJ) has indicted 76 defendants following a large-scale drug trafficking investigation in Georgia, according to a Wednesday press release. 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 "Today, the Justice Department has taken several significant enforcement actions to disrupt large-scale illegal gun and drug . . For any offense after that, you can expect to receive between 10 and 40 years to life in prison. Somebodys house was searched, somebodys car was searched, a storage shed, a business. 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. If the search was conducted pursuant to a warrant, there are three primary ways to attack the lawfulness of the search. 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. 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. The most strict penalties for trafficking marijuana, on the other hand, are measured in pounds. 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. 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. At some point he knew about the plan, he agreed to get involved, and he helped out. If a hearing is requested, the court will set the hearing down to be heard on a specific date. Now he faces many years in prison for the damage he has caused.. The government stepped in and said, Youre prescribing too much medication. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Serving clients across the United States Attorneys Joseph McCool. Albany: 229-430-7754 Under Georgia law, there are five different schedules or groups of types of drugs. In the first one, they didnt have enough probable cause to get the wiretap. As described in the recently unsealed indictment, each of the 12 defendants is charged with Conspiracy to Possess with Intent to Distribute and to Distribute Controlled Substances, including 5 kilograms or more of cocaine; 28 grams or more of crack cocaine; and a quantity of marijuana. Probable cause to search an automobile exists when the facts and circumstances would lead a reasonably discreet and prudent man to believe that the contents of the vehicle offend the law. 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. On February 22, 2019, pursuant to a valid federal search warrant, law enforcement searched Duffys narcotics sales location at his Sandy Springs home. Se Habla Espaol, 101 Marietta Street NWSuite 3300Atlanta, GA 30303(404) 223-3310, 2022 by The Church Law Firm LLC. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Serving clients across the United States But the government also has to show a second element that the person, the person being charged in this case, knows about the agreement and joins in the agreement. In other words, marijuana smoke billowing from the window will give law enforcement probable to cause to search. If the search was done incident to the arrest, the officer must have had a reason to believe that there was evidence in the vehicle relating to the crime for which the driver was arrested. 16-13-2). There is no parole in the federal system. Its just a general understanding or plan between two or more people to do something that violates the federal drug laws. All rights reserved. Its a Schedule II drug, and 28 grams was chosen as the threshold that can result in grave consequences. As announced in a Jan. 11, 2023, multi-agency news conference held at Glynn County Police Department Headquarters [] These are considered to be drugs with low or moderate potential for psychological or physical dependence, a lower chance of abuse, and accepted medical use. One of the most powerful tools a criminal defense lawyer has in a drug trafficking or possession case is the motion to suppress evidence. Theyll be recording the conversations that people in this alleged conspiracy have, then they will use those tapes against them in court, but they have to do it the right way. 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. 16-13-31 and O.C.G.A. Help locate the three that are still wanted . The entrapment defense. The Supreme Court has carved out an exception to the warrant requirement known as the automobile exception. 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. 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. Drug trafficking charges are serious in Georgia and are nearly always prosecuted as a felony offense. 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. Although all trafficking charges are somewhat dependent on the amount involved, according to the Georgia marijuana law, the amounts that result in significant penalties are much larger than other drugs. Or, in other words, either actual or constructive possession will be enough to establish the possession needed to support a drug trafficking charge. Drug trafficking charges in Georgia are based on accusations that a person possesses, sells, distributes or produces a large number of illegal drugs. They are dangerous and threaten the safety of our communities, said Vic Reynolds, Director of the GBI. 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. Disclaimer|Sitemap. 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 The punishment for trafficking or distributing drugs in any of these schedules is 1 to 10 years imprisonment. 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. 16-13-30). The large-scale operation in Georgia, West Virginia and New York follows recent efforts to combat violent crimes and keep repeat offenders behind bars. The government does not have to show that a person actually sold drugs. If you've been charged with drug trafficking in Georgia, it's in your best interests to contact a local drug crime attorney who can help you understand and potentially challenge the most complicated aspects of the charges, such as determining whether the quantity of drugs amounts to trafficking. 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. 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. PSN is an evidence-based program proven to be effective at reducing violent crime. 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. 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. 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. In order to convict somebody in federal court of a drug conspiracy charge, the government has to prove two elements. It is also possible for a search warrant to be valid but the resulting search to be nonetheless unlawful. With so many recent changes in various state regulations, many people wonder, What amount of drugs is considered trafficking?. 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. 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. Final Defendant Sentenced in Gang-Related South Georgia Meth-Trafficking Conspiracy Drug Enforcement Administration Robert J. Murphy, Jr. Special Agent in Charge Atlanta @DEAAtlantaDiv January 05, 2023 Contact: SA Crystal Harper Phone Number: (571) 362-3433 For Immediate Release As a felony offense court will set the hearing down to be heard a! For validation purposes and should be left unchanged 3300Atlanta, GA 30303 ( 404 ) 223-3310, 2022 the. 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