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. A criminal defense lawyer may also challenge the lawfulness of the traffic stop itself. 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. Drug trafficking charges are serious in Georgia and are nearly always prosecuted as a felony offense. In 2014, the Ministry of Internal Affairs seized approx. Many Georgia drug trafficking cases originate on the highways. charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana. In entrapment, you basically have to show two things. 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. 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, the case has to involve more than several pounds of marijuana or an ounce or more of harder drugs (like cocaine, methamphetamine, ecstasy, LSD, etc.) The first element is that there is an agreement to violate the drug laws, and that sounds pretty simple. Case Update: Five of the eight individuals wanted by the #FBI for drug trafficking conspiracy in Georgia are in custody. One defendant, Torey Johnny Lee Washington, a/k/a Fool, 40, of Vidalia, is a fugitive. Bear in mind that if you are charged with drug trafficking, you may face a mandatory minimum sentence. Also follow DEA Atlanta via Twitter at @DEAATLANTADiv. The government does not have to show that a person actually sold drugs. 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. The most common drugs in each schedule are as follows: O.C.G.A. If you are charged with trafficking cocaine, that is not merely a slap on the wrist. Initial appearances for the defendants occurred today before U.S. Magistrate Judge Charles H. Weigle. As a general rule, probable cause is determined by the totality of the circumstances. Jan 17, 2023. This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justices violent crime reduction efforts. Albany: 229-430-7754 Well, if its this broad, you wonder, Are there any defenses to it? Because it is very broad under federal law. It can be manufacturing drugs. Have a question about Government Services? A locked padlock Call us or complete the form below. A person convicted of possessing a drug in Schedule III, IV, or V may be imprisoned for 1 to 5 years. These are some defenses. 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. The penalty for violating this statute depends on the type, the schedule the drug falls under, and amount of the drug. U.S. Attorney's Office, Middle District of Georgia, Sandy Springs Heroin Supplier Pleads Guilty in Middle Georgia Drug Trafficking Case, Connecticut Man Pleads Guilty to Trafficking Fentanyl on the Darknet, 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, Sandy Springs Heroin Supplier Pleads Guilty In Middle Georgia Drug Trafficking Case. 16-13-30). Operation Ace in the Hole, whose name was derived from Adams alias, was an Organized Crime Drug Enforcement Task Force (OCDETF) investigation initiated in August 2018 in response to increasing levels of gang violence and drug-related activities in the Vidalia area. Trafficking generally includes allegations that an individual possesses, sells, distributes or manufactures a large amount of illegal drugs. At some point after the arraignment the State will provide the defendants lawyer with the discovery in the case. It will serve as a multi-jurisdictional drug enforcement agency controlled by Georgia Bureau of Investigation. A driver who exhibits nervousness, however, is generally not enough to establish probable cause. U.S. District Judge Marc Treadwell is presiding over the hearings. 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. In early February 2019, Duffy moved into a house in Sandy Springs, Georgia, and used that residence to sell heroin. They tried to sell me drugs. The government stepped in and said, Youre prescribing too much medication. By removing the most serious charges, you may be able to avoid the harshest sentences. If you are convicted of trafficking 28 grams or more, you face a sentence of 25 to 30 years and a $500,000 fine. One of the most powerful tools a criminal defense lawyer has in a drug trafficking or possession case is the motion to suppress evidence. We can be grateful that countless individuals have been saved from a drug overdose or a gunshot wound by the work of the law enforcement professionals in this operation., Operation Breaking the Bond is another example of the FBIs willingness to work with our federal, state and local partners to dismantle organizations that endanger our communities, said Chris Hacker, Special Agent in Charge of FBI Atlanta. Its a different conspiracy, and so the jury has to find him not guilty. For any offense after that, you can expect to receive between 10 and 40 years to life in prison. 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. 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. If caught with 2,000 pounds or more but less than 10,000 pounds of marijuana, a person faces a mandatory minimum of 7 years imprisonment and a $250,000.00 fine. 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. Drug trafficking laws in Georgia impose mandatory federal minimum sentences if convicted of this crime. 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. Marshals Service, and prosecuted for the United States by Southern District of Georgia Assistant U.S. 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. 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. The drugs were hidden in such items as childrens backpacks and baby-formula bottles. An official website of the United States government. Another high-profile case also involving Georgia took place in 2014. The first obvious defense is that theres no unlawful agreement. This guide covers the basics of these laws and the penalties if someone violates them. 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. If you have been charged with a serious drug offense in Atlanta, or anywhere else in Georgia, it is imperative that you retain an aggressive Atlanta criminal defense attorney experienced in filing and arguing motions to suppress evidence. Lock If convicted of trafficking in Georgia of 200 grams or more but less than 400 grams, then the punishment range increases. 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. So lets say they go to trial. On the way back from purchasing heroin from Duffy on February 20, 2019, Summerfords van was stopped and the heroin was seized. Im out. Thats fine, but to really take advantage of this defense you have to communicate that to either law enforcement, or make it clear to everybody else in the conspiracy. 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. So, even if an individual doesnt have drugs on them, they can still face drug crime charges. As the source of the operation, Duffy fueled an epidemic and wreaked havoc in many communities. 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. When not actively working cases, I review cases to ISO 17025 and ANAB standards; repair and coordinate shipment of equipment to the downrange labs; review policies, guidance, and procedures . A lock ( 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. Have a question about Government Services? For 2,000 to 10,000 pounds, you can be sentenced to seven to thirty years in prison and a fine of $250,000. Punishment for possessing or distributing Schedule I drugs is the most severe. Including Adams, Jackson, and Toussaint, 22 of the 26 defendants have entered guilty pleas; 12 of them have been sentenced, with terms of up to 141 months in prison. The Justice Department announced the arrest of more than 110 people on gun and drug charges in three states. You can also be charged with trafficking if you bring a large enough amount of a controlled substance from another country or state. Georgia Drug Trafficking Charges O.C.G.A. 2.79 tons of liquid heroin from a lorry that entered Georgia from Azerbaijan. 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 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. 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. Number one, the person was not predisposed at being involved in a drug conspiracy. 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 a hearing is requested, the court will set the hearing down to be heard on a specific date. This exception allows law enforcement to search a vehicle (that has been lawfully stopped) without a search warrant if there is probable cause to believe that the vehicle contains contraband. The most strict penalties for trafficking marijuana, on the other hand, are measured in pounds. A few common defenses include: The information provided above is a very general summary of Georgia drug trafficking and possession law at the time this text was prepared. The State generally has the burden of convincing the court that the drugs were the product of a lawful search. 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. Nathaniel Ripley, 41, was sentenced Wednesday, Jan. 4, by . There are others, it all depends on the specific facts of the case. 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 difference between possession or selling methamphetamine from trafficking methamphetamine is the amount of drugs. 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