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. The judge may also impose non-monetary restrictions (house arrest, no contact provisions, GPS ankle monitor, curfew, etc . If convicted of a second or subsequent offense, he may be imprisoned for 10 to 40 years. Weve also been successful suppressing wiretaps, and we see wiretaps now in almost every drug case. 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 . Attorneys Noah J . While the above-listed sentences are mandatory minimum sentences, there are three different ways a defendant can be sentenced to less than the mandatory minimum. 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. 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. 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. This field is for validation purposes and should be left unchanged. Williams was in possession of approximately one ounce of methamphetamine and arrested. Michael Duffy, 43, of Sandy Springs, Georgia, pleaded guilty to one count conspiracy to possess with intent to distribute heroin on Thursday, May 20. Georgia Drug Trafficking Charges O.C.G.A. In order to convict somebody in federal court of a drug conspiracy charge, the government has to prove two elements. 16-13-2). 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. One defendant, Torey Johnny Lee Washington, a/k/a Fool, 40, of Vidalia, is a fugitive. August 2010 - Atlanta man, Marlon . There is no parole in the federal system. Now notice whats missing here. Even when a driver consents to his vehicle being searched, it may be possible to challenge the lawfulness of the search. They are complete masters of their knowledge of the law and understanding the court system while providing the top investigative team and forensic technology with a top notch administrative staff. Drug trafficking laws in Georgia impose mandatory federal minimum sentences if convicted of this crime. watch thisvideo. Lock Horrific new details have emerged in the case of the LGBT activist couple arrested in Georgia this past summer on suspicion of using their two adopted children to make child porn.. Weve done that in many cases, and usually because the evidence that they find during the search is so important, if we can keep that out, the case will be dismissed. Post Office Box 1702 They have evidence that an individual is involved in the drug business, but they have charged him with a bunch of people that he didnt know. In early February 2019, Duffy moved into a house in Sandy Springs, Georgia, and used that residence to sell heroin. 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. They will walk you through each legal process, demonstrating professionalism while being aggressive advocates for you. A good example of that is a case I handled just last year representing a doctor who worked at a pain clinic. Call us or complete the form below. If the search was conducted pursuant to a warrant, there are three primary ways to attack the lawfulness of the search. We will contact you as soon as possible if we are able to help. Arthur Anderson, 57, of Macon, pleaded guilty to one count use of a communication facility to facilitate a drug trafficking offense. Contact The Waltman Firm to schedule a consultation today! 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. Drug trafficking charges in Georgia are based on accusations that a person possesses, sells, distributes or produces a large number of illegal drugs. They kept on after the person. In many consent cases, an officer will exceed the scope of the drivers consent. 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. 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. When law enforcement seizes a significant quantity of drugs, its typically the result of a search involving an individuals home or automobile. Adams was sentenced to 165 months in prison, followed by three years of supervised release, while Jackson was sentenced to 188 months in prison, followed by five years of supervised release. In 2014, the Ministry of Internal Affairs seized approx. Or, in other words, either actual or constructive possession will be enough to establish the possession needed to support a drug trafficking charge. Bear in mind that if you are charged with drug trafficking, you may face a mandatory minimum sentence. Two homes alleged to have been involved as locations for drug storage or distribution also are subject to forfeiture proceedings in the indictment. Lock 2.79 tons of liquid heroin from a lorry that entered Georgia from Azerbaijan. 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. Even though a judge signed off on it, the judge that handled the case said, I dont think there was sufficient probable cause here. They suppressed the wiretaps, they couldnt use them in trial. There are several factors involved. The Georgia laws on drug trafficking can seem overly complicated, as the penalties for being caught trafficking vary not only on the type of drug but also on the amount and whether you have priors. PATRICK JOHNSON, 27, of Chicago, is charged with one count of murder in aid of racketeering. We dont think these people really need it, and so you violated the federal drug laws. Well, we were able to show the government that there was no unlawful agreement. A locked padlock They tried to sell me drugs. Watch thisvideo. Trafficking methamphetamine can also have serious consequences and penalties. A total of 76 defendants are named in a newly unsealed federal indictment describing a massive drug trafficking investigation tied to the Ghost Face Gangsters criminal street gang that includes allegations of multiple deaths from illegal drug overdoses. 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. Columbus: 706-649-7700. The Justice Department announced the arrest of more than 110 people on gun and drug charges in three states. I didnt go after them. 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. You can also be charged with trafficking if you bring a large enough amount of a controlled substance from another country or state. Many Georgia drug trafficking cases originate on the highways. At some point he knew about the plan, he agreed to get involved, and he helped out. Eight men and four women are charged as part of Operation Breaking the Bond, an Organized Crime Drug Enforcement Task Force investigation centered in the Bibb County area, said David H. Estes, Acting U.S. Attorney for the Southern District of Georgia. Another defense, and this is a little more complicated, is that the person may be involved in the drug business, but its a different conspiracy than the one the government has charged him with in the indictment. 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. Assistant U.S. Attorney Alex Kalim is prosecuting the case. to be charged with drug trafficking. 16-13-31). 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. Heroin, morphine, and opium, however, can be harshly penalized for a mere four grams. Finally, challenging an unlawful search or a wiretap. Se Habla Espaol, 101 Marietta Street NWSuite 3300Atlanta, GA 30303(404) 223-3310, 2022 by The Church Law Firm LLC. Individuals pulled over in their automobiles during a traffic stop do not enjoy the same level of protection and privacy. 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. Their dedication and complete commitment to their client is beyond reproach. Great example of this defense is a case I tried here in Atlanta a couple of years ago. We will contact you as soon as possible if we are able to help. Official websites use .gov The terms possess, purchase, and deliver all have their ordinary every day meaning. 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