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 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. Drug trafficking charges are serious in Georgia and are nearly always prosecuted as a felony offense. All rights reserved. Share sensitive information only on official, secure websites. An official website of the United States government. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Serving clients across the United States 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 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). All rights reserved. Kathy Black, 40, of Macon, pleaded guilty to one count use of a communication facility to facilitate a drug trafficking offense. Its a different conspiracy, and so the jury has to find him not guilty. Trafficking methamphetamine can also have serious consequences and penalties. They will walk you through each legal process, demonstrating professionalism while being aggressive advocates for you. The charge carries upon conviction a penalty of up to life in prison. Let our team of Newnan drug trafficking lawyers help you through this difficult time. charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana. Jackson pled guilty to Conspiracy to Possess with Intent to Distribute More Than 5 Grams of Methamphetamine, and Quantities of Marijuana and Cocaine. Assistant U.S. Attorney Robert McCullers is prosecuting the case. To avoid the most serious penalties, hiring an experienced legal representative may be critical when you face a serious felony charge. Understanding whats going on, they say, Hey, I wanna be a part of this. Now thats it, just those two elements. And even if you do that, it only protects you going forward. There is no parole in the federal system. Have a question about Government Services? 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. 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. The government stepped in and said, Youre prescribing too much medication. WAYCROSS, Ga. (WALB) - 76 drug traffickers were named in Operation Ghost Busted, the largest drug trafficking investigation in the Southern District of Georgia, on Jan. 11. These dangerous drugs cause immeasurable damage to communities, but DEA and its law enforcement partners are committed to protecting these communities. 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. 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. Drug trafficking laws in Georgia impose mandatory federal minimum sentences if convicted of this crime. There are defenses, and there are several that we have used effectively in court when were representing someone charged in a drug conspiracy case. 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. 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. The wiretap investigation ultimately led to the discovery of Duffy being the source of heroin supply. The U.S. Attorneys Office for the Middle District of Georgia is recused from the case, which is being prosecuted by the Southern District. 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. Lock It's free to sign up and bid on jobs. Under Georgia law, it is illegal to possess, manufacture, deliver, distribute or possess with intent to distribute any controlled substance (O.C.G.A. The penalties for drug trafficking vary depending on the type of drug, the weight of the drugs, and whether it was a first or repeated offense. On February 22, 2019, pursuant to a valid federal search warrant, law enforcement searched Duffys narcotics sales location at his Sandy Springs home. 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. 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. A search warrant must also particularly describe the place to be searched and the person or things to be seized. 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. As with any important legal question, you should always consult aGeorgia criminal defense lawyerlicensed to practice in your jurisdiction. And then when they would distribute it in Atlanta, they would load it back up with cash, take it back to the Mexican border. The community is much safer with these defendants behind bars., Illegal guns and drugs have no place in Georgia. As the source of the operation, Duffy fueled an epidemic and wreaked havoc in many communities. For 14 to 28 grams, you can receive a sentence of ten years and a fine of $100,000. The lawfulness of such a search depends heavily on how the search is characterized. 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. 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. Furthermore, for larger quantities of certain types of drugs, a person may also be charged with drug trafficking (O.C.G.A. 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). The heroine has probably the most unforgiving sentencing scheme. A locked padlock 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. Official websites use .govA .gov website belongs to an official government organization in the United States. 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. 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 . All rights reserved. Manufacture means the production, preparation, compounding, conversion, or processing of a controlled substance by extracting components of a substances natural origin or by chemical synthesis. 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. As outlined below, Georgia law defines both these controversial elements very broadly in trafficking matters. They are found in the Title 16 Crimes and Offenses Chapter 13 Controlled Substances. What is Drug Trafficking? The indictments come after a two-year-long investigation titled "Operation Ghost Busted," which looked into gang-related drug trafficking plaguing the Brunswick, . Toussaint is among seven defendants awaiting sentencing, while three defendants are awaiting trial. These violent, gang-related drug dealers can no longer peddle poison in Vidalia, Ga., and the surrounding community, said Robert J. Murphy, Special Agent in Charge of the Drug Enforcement Administration (DEA) Atlanta Field Division. Search for jobs related to Georgia drug trafficking cases or hire on the world's largest freelancing marketplace with 21m+ jobs. . 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. In Cobb County, bonds for trafficking range from $65,000 up to $125,000. MACON, GA - Twelve defendants have been charged in a newly unsealed federal indictment alleging a middle Georgia drug trafficking conspiracy. Williams was in possession of approximately one ounce of methamphetamine and arrested. Again, a federal judge threw out those wiretaps and we were able to resolve the case. 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. But those are the basic elements and defenses involved in a federal drug conspiracy charge. They didnt seal the recordings like they were supposed to. In order to convict somebody in federal court of a drug conspiracy charge, the government has to prove two elements. A total of 60 felony counts are alleged in the indictment. 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. There are others, it all depends on the specific facts of the case. Secure .gov websites use HTTPSA lock ( 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. It is also possible for a search warrant to be valid but the resulting search to be nonetheless unlawful. Also follow DEA Atlanta via Twitter at @DEAATLANTADiv. Bibb County Sheriff David J. Davis said, This case illustrates the continued commitment of Bibb Investigators and our local and federal partners to rid our streets of dangerous drugs and illegal firearms. 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. This case is an Organized Crime Drug Enforcement Task Force (OCDETF) investigation conductedby Drug Enforcement Administration (DEA), Federal Bureau of Investigation (FBI), Bureau of Alcohol, Tobacco, Firearms, & Explosives (ATF), United States Marshals Service (USMS), the Monroe County Sherriffs Office, the Bibb County Sherriffs Office, and the Warner Robins Police Department. 16-13-30 left off. 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 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. If convicted of a second or subsequent offense, he may be imprisoned for 10 to 40 years. Its a Schedule II drug, and 28 grams was chosen as the threshold that can result in grave consequences. One way this may occur is when law enforcement exceeds the scope of the search warrant. 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. He was simply prescribing medicine for his patients, and he was acting within the legitimate medical practice and what his license allowed. Dews was sentenced to serve 20 months in prison to be followed by one year of supervised release on March 3, 2021; and. As experienced trial attorneys, we are also not afraid to take your case to trial if necessary. 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. An official website of the United States government. Well, if its this broad, you wonder, Are there any defenses to it? Because it is very broad under federal law. 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. 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. They had a medical practice, they were prescribing drugs, but it wasnt unlawful. 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. 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. Secure .gov websites use HTTPS 16-13-31(a), Trafficking marijuana: O.C.G.A. The government does not have to show that a person actually sold drugs. It can be manufacturing drugs. You need to consider that in almost any drug case theres usually going to be a search. For 200 to 400 grams, the sentence is a minimum of 15 years with a fine of $300,000. 16-13-31). 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. Or, in other words, either actual or constructive possession will be enough to establish the possession needed to support a drug trafficking charge. Ryan Brown handles drug trafficking cases across the state of Georgia. 16-13-31(b). 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. A driver who exhibits nervousness, however, is generally not enough to establish probable cause. 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