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. If you are convicted of 400 grams or more, you face a minimum prison sentence of 25 years and a $1,000,000 fine. 16-13-31(c), if a person possesses, grows, brings into the state more than 10 pounds of marijuana, it is considered trafficking. Consequently, if the officer conducting the traffic stop cannot adequately articulate why a driver was committing or had committed a traffic offense or a crime, the traffic stop is considered to be unlawful. Attorneys Noah J . With respect to marijuana, it is illegal for a person to possess, have under their control, deliver, distribute, dispense, or possess with intent to distribute marijuana. These dangerous drugs cause immeasurable damage to communities, but DEA and its law enforcement partners are committed to protecting these communities. A good example of that is a case I handled just last year representing a doctor who worked at a pain clinic. 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. Its just a general understanding or plan between two or more people to do something that violates the federal drug laws. PATRICK JOHNSON, 27, of Chicago, is charged with one count of murder in aid of racketeering. When trying to obtain a search warrant, law enforcement must prepare a supporting affidavit setting forth all relevant facts. 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. 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. He was simply prescribing medicine for his patients, and he was acting within the legitimate medical practice and what his license allowed. 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 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. Georgia drug trafficking laws punish those who break the law and keep society safe. Because of this, many counties have special units dedicated to stopping drug trafficking on the roadways. 2022 by The Church Law Firm LLC. Marietta Office Suites 55 Atlanta St. 16-13-31). 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. In 2014, the Ministry of Internal Affairs seized approx. In many consent cases, an officer will exceed the scope of the drivers consent. 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. 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 Albany Herald, Ga. Dec. 7MACON A career offender with a violent criminal history who participated in a middle Georgia drug trafficking network responsible for distributing approximately 16 kilograms of methamphetamine has been sentenced to serve 20 years in federal prison resulting from an Organized Crime Drug Enforcement Task Forces investigation centered in Warner Robins. There is no parole in the federal system. For example, for cocaine, as little as 28 grams or a mixture that is at least ten percent cocaine can result in serious consequences. The Supreme Court has carved out an exception to the warrant requirement known as the automobile exception. Their dedication and complete commitment to their client is beyond reproach. A person convicted of possessing a drug in Schedule III, IV, or V may be imprisoned for 1 to 5 years. 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. Number one, the person was not predisposed at being involved in a drug conspiracy. The person being charged, while there may be an agreement, he doesnt know about it. 2022 by The Church Law Firm LLC. Now he faces many years in prison for the damage he has caused.. PSN is an evidence-based program proven to be effective at reducing violent crime. If you live in the state of Georgia, you are probably familiar with many of the controlled substance regulations, but if you are visiting or passing through, you should have a basic understanding of the Georgia drug trafficking laws. If a hearing is requested, the court will set the hearing down to be heard on a specific date. 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. The State may also introduce the search warrant into evidence along with any other evidence it deems to be relevant. As a general matter, possession of less than 1 ounce of marijuana is a misdemeanor (O.C.G.A. Also follow DEA Atlanta via Twitter at @DEAATLANTADiv. 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. What usually happens in a Georgia criminal case? Share sensitive information only on official, secure websites. It will serve as a multi-jurisdictional drug enforcement agency controlled by Georgia Bureau of Investigation. We will contact you as soon as possible if we are able to help. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Serving clients across the United States Official websites use .gov Even when a driver consents to his vehicle being searched, it may be possible to challenge the lawfulness of the search. MACON, Ga. Nine individuals were taken into custody today and are facing federal charges from an Organized Crime Drug Enforcement Task Force (OCDETF) investigation ledby the Drug Enforcement Administration (DEA) into a group of alleged drug traffickers in Houston and Bibb Counties. SE, Suite #417 Marietta, GA 30060, Title 16 Crimes and Offenses Chapter 13 Controlled Substances, Trafficking cocaine: O.C.G.A. 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. Post Office Box 1702 Will it apply in my case? Obviously there was an agreement. 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. 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. 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 December 2017, following the arrest of a heroin dealer in Macon, federal and local law enforcement began investigating heroin distribution by co-defendant Summerford. Individuals pulled over in their automobiles during a traffic stop do not enjoy the same level of protection and privacy. 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 distribution of dangerous substances like, cocaine, crack, and marijuana continue to plague many communities. As outlined below, Georgia law defines both these controversial elements very broadly in trafficking matters. Assistant U.S. Attorney Robert McCullers is prosecuting the case. Somebodys house was searched, somebodys car was searched, a storage shed, a business. Macon, Georgia 31202-1702, Macon: 478-752-3511 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. 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. This affidavit is then submitted to the judge for his or her consideration. A .gov website belongs to an official government organization in the United States. 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. 2.79 tons of liquid heroin from a lorry that entered Georgia from Azerbaijan. Or, in other words, either actual or constructive possession will be enough to establish the possession needed to support a drug trafficking charge. And E. Greg Gilluly Jr. Trafficking generally includes allegations that an individual possesses, sells, distributes or manufactures a large amount of illegal drugs. A lock ( The terms possess, purchase, and deliver all have their ordinary every day meaning. Clearly those individuals were part of a drug conspiracy. Macon, Georgia 31202-1702, Macon: 478-752-3511 They dont have to show that a person even had drugs. 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. 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. But he realized down the road he did not wanna be a part of this, and so he said, Look, you know, Im done with this. Have a question about Government Services? A driver who exhibits nervousness, however, is generally not enough to establish probable cause. To avoid accidentally committing a crime, it is wise to learn as much as you can about the drug trafficking laws in Georgia. You know, The government came after me. Arthur Anderson, 57, of Macon, pleaded guilty to one count use of a communication facility to facilitate a drug trafficking offense. This guide covers the basics of these laws and the penalties if someone violates them. 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. The entrapment defense. 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. 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. ) or https:// means youve safely connected to the .gov website. Investigators also seized 20 firearms, including a fully automatic machine gun and several assault-style rifles, a trove of gang-related documents, and nearly $50,000 in cash. Se Habla Espaol, 101 Marietta Street NWSuite 3300Atlanta, GA 30303(404) 223-3310, 2022 by The Church Law Firm LLC. Bresach was sentenced to serve 84 months in prison to run consecutively to any term of imprisonment imposed in Peach County, Jones County, Putnam County and Houston County Superior Courts to be followed by three years of supervised release on March 3, 2021; Reginald Summerford, 49, of Macon, pleaded guilty to one count conspiracy to possess with intent to distribute heroin. BEST IN TOWN! In order to convict somebody in federal court of a drug conspiracy charge, the government has to prove two elements. 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. For 200 to 400 grams, the sentence is a minimum of 15 years with a fine of $300,000. 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. The number of illegally possessed firearms seized in this case also provides a glimpse into the dangerous underworld of narcotics trafficking.. All rights reserved. The government does not have to show that there is some sort of formal agreement, or contract, or anything like that. PATRICK JOHNSON, 27, of Chicago, is charged with one count of murder in aid of racketeering. These are some defenses. 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. 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. to be charged with drug trafficking. 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. Drug trafficking is a serious criminal offense, and although incidents are usually not as widespread as the recent bust of the alleged Mexico-based cartel, these types of cases are some of the most complexes. In the first one, they didnt have enough probable cause to get the wiretap. 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). 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. 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.