16-13-31(a), Trafficking marijuana: O.C.G.A. Clearly those individuals were part of a drug conspiracy. Dews was sentenced to serve 20 months in prison to be followed by one year of supervised release on March 3, 2021; and. Investigators from the Georgia Bureau of Investigation (GBI), working with federal and local law enforcement agencies, identified Deltinaud Toussaint, a/k/a Black, a/k/a Tino, a/k/a Tino Black, 44, of Vidalia, as the primary supplier of the organizations narcotics including methamphetamine, cocaine, MDMA or Ecstasy, and marijuana through connections in Atlanta. ) or https:// means youve safely connected to the .gov website. A search warrant must also particularly describe the place to be searched and the person or things to be seized. 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. 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. To meet this burden, the State usually calls the arresting or searching officer to testify about the facts that gave rise to the search. Perhaps they made a call and suggested a drug deal, and he turned them down but they came back again. Trafficking generally includes allegations that an individual possesses, sells, distributes or manufactures a large amount of illegal drugs. It is a Schedule I drug, considered the most dangerous with no medicinal value. Its a Schedule II drug, and 28 grams was chosen as the threshold that can result in grave consequences. Jackson pled guilty to Conspiracy to Possess with Intent to Distribute More Than 5 Grams of Methamphetamine, and Quantities of Marijuana and Cocaine. 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 One defendant, Torey Johnny Lee Washington, a/k/a Fool, 40, of Vidalia, is a fugitive. Lock So its lack of predisposition, and its that second thing, the government conduct. 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. The large-scale operation in Georgia, West Virginia and New York follows recent efforts to combat violent crimes and keep repeat offenders behind bars. As outlined below, Georgia law defines both these controversial elements very broadly in trafficking matters. All rights reserved. During the search, a Kel-Tec 9mm pistol, 9mm and .40 caliber ammunition, a bag containing small drug baggies and a quantity of suspected narcotics were seized. Sometimes theyll say they had consent to search, the person agreed to it, but they really didnt. 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. Case Update: Five of the eight individuals wanted by the #FBI for drug trafficking conspiracy in Georgia are in custody. 2.79 tons of liquid heroin from a lorry that entered Georgia from Azerbaijan. 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. What is a drug conspiracy? I didnt go after them. 16-13-31.1 criminalize the sale, manufacturing, delivery, or transportation into the state of controlled substances. The wiretap investigation ultimately led to the discovery of Duffy being the source of heroin supply. Bear in mind that if you are charged with drug trafficking, you may face a mandatory minimum sentence. Share sensitive information only on official, secure websites. There are several viable defenses available to a person charged with drug possession. 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. That means the State of Georgia applies a federal mandatory minimum sentence when it comes to drug crimes. Post Office Box 1702 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. The charge carries upon conviction a penalty of up to life in prison. It is also possible for a search warrant to be valid but the resulting search to be nonetheless unlawful. Law enforcement also may not unreasonably prolong a traffic stop beyond the time required to fulfill the purpose of the stop (which is usually the time it takes to issue a citation). PATRICK JOHNSON, 27, of Chicago, is charged with one count of murder in aid of racketeering. For 2,000 to 10,000 pounds, you can be sentenced to seven to thirty years in prison and a fine of $250,000. Read aboutour firms successin Georgia criminal cases. Call us or complete the form below. Wade Watkins: Count 1- Trafficking Methamphetamine, 400 Grams or More (Conspiracy) Prison Empire: 2019-GS-47-23 (Pickens County) Count 1: Trafficking Methamphetamine, 400 Grams or More (Conspiracy) Have a question about Government Services? But those are the basic elements and defenses involved in a federal drug conspiracy charge. 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. Two homes alleged to have been involved as locations for drug storage or distribution also are subject to forfeiture proceedings in the indictment. So when they go to trial, if they dont prove exactly whats in that indictment, then the jury cannot find the person guilty. August 2010 - Atlanta man, Marlon . Extra to the new charges against these suspected child rapists who frequently hashtagged their social media posts #gayfamily," there are now indications they may have trafficked the young boys to fellow pedophiles. Similarly, these numbers will also go up for every amount over 2,000 pounds. 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. They are dangerous and threaten the safety of our communities. 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 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. 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. 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. The distribution of dangerous substances like, cocaine, crack, and marijuana continue to plague many communities. A total of 60 felony counts are alleged in the indictment. . Assistant U.S. Attorney Robert McCullers is prosecuting the case. He was simply prescribing medicine for his patients, and he was acting within the legitimate medical practice and what his license allowed. 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. If you have those two elements, then you have an entrapment defense, and its a very effective defense in trial. During December 2018 and January 2019, Duffy sold heroin from a trap house located in an Atlanta apartment. Will it apply in my case? Attorneys Joseph McCool. Look no further then Page Pate and Jess Johnson if you want the best trial lawyers to represent you! 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. It doesnt protect you from what you may have done with that group in the past. March 10, 2009 - Regional drug-fighting hub opens in Carrollton. 2022 by The Church Law Firm LLC. Due to the superb work of Page and Jess, the charges were dropped. Michael Duffy, 43, of Sandy Springs, Georgia, pleaded guilty to one count conspiracy to possess with intent to distribute heroin on Thursday, May 20. 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. 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). Those numbers go up with every amount over 200 grams. A lock ( Georgia drug trafficking laws regulate the manufacture, distribution, delivery, and sale of controlled substances. And E. Greg Gilluly Jr. They didnt seal the recordings like they were supposed to. 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. This guide covers the basics of these laws and the penalties if someone violates them. You can also be charged with trafficking if you bring a large enough amount of a controlled substance from another country or state. Post Office Box 1702 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. Call us or complete the form below. Marshals Service, and prosecuted for the United States by Southern District of Georgia Assistant U.S. Two Key Defendants in Middle Georgia Drug Trafficking Conspiracy Sentenced to Federal Prison 'Operation Ace in the Hole' targeted major drug distributors STATESBORO, GA - Two Vidalia, Ga., men who played key roles in an expansive, gang-related drug trafficking ring in middle Georgia each have been sentenced to more than a decade in federal prison. A .gov website belongs to an official government organization in the United States. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Serving clients across the United States Disclaimer|Sitemap, Page Pate explains what happens in a federal criminal case Attorney Page Pate explains what happe, The Maritime Drug Law Enforcement Act (MDLEA) is a series of federal laws that allow the United, Accountability courts and pretrial diversion allow some people that have been charged with a fede, Earlier this week, a federal district court judge in Atlanta, Georgia sentenced our client to ti, Since the First Step Act of 2018 became law, thousands of federal inmates have been released earl, Investigators in at least one state have sought and received court authorization to wiretap commu. Albany: 229-430-7754 Situations often arise where a driver of an automobile is taken into custody for a traffic infraction such as driving with a suspended license or DUI. For example, for cocaine, as little as 28 grams or a mixture that is at least ten percent cocaine can result in serious consequences. So there was no unlawful agreement. Trafficking generally includes allegations that an individual possesses, sells, distributes or manufactures a large amount of illegal drugs. You need to consider that in almost any drug case theres usually going to be a search. One way this may occur is when law enforcement exceeds the scope of the search warrant. At some point he knew about the plan, he agreed to get involved, and he helped out. 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. 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. On the other hand, constructive possession means the individual has the illegal substances in an area where they have dominion or control over them. This affidavit is then submitted to the judge for his or her consideration. 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. A locked padlock A locked padlock When law enforcement seizes a significant quantity of drugs, its typically the result of a search involving an individuals home or automobile. This field is for validation purposes and should be left unchanged. A good example of that is a case I handled just last year representing a doctor who worked at a pain clinic. So he had no knowledge of the agreement, and the jury found him not guilty of all charges. 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. 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. Attorneys Noah J. Abrams and OCDETF Coordinator Marcela C. Mateo. POMEROY The Meigs County Sheriff's Department made two arrests in regards to the trafficking of illegal narcotics Sunday evening. If successful, a motion to suppress evidence will usually result in the dismissal of all drug charges well before trial. 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. The investigation culminated in a sealed, 61-count federal indictment returned in January 2020 with 26 defendants charged. Possession of more than 1 ounce is a felony punishable by 1 to 10 years imprisonment. Defending Georgia Drug Trafficking Cases by Winning Motions to Suppress Evidence. 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. If you are convicted of moving 10,000 pounds or more, you face a sentence of at least fifteen years and a fine of million dollars ($1,000,000). DEFINITION OF TRAFFICKING MARIJUANA. There are defenses, and there are several that we have used effectively in court when were representing someone charged in a drug conspiracy case. 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. Georgia Drug Trafficking Charges O.C.G.A. Number one, the person was not predisposed at being involved in a drug conspiracy. Contact The Waltman Firm to schedule a consultation today! Trafficking methamphetamine can also have serious consequences and penalties. Toussaint is among seven defendants awaiting sentencing, while three defendants are awaiting trial. So, even if an individual doesnt have drugs on them, they can still face drug crime charges. Weve been able to throw out two cases based on improper wiretaps. Weve also been successful suppressing wiretaps, and we see wiretaps now in almost every drug case. All rights reserved. The DEA encourages parents, along with their children, to educate themselves about the dangers of legal and illegal drugs by visiting DEAs interactive websites at www.justhinktwice.com, www.GetSmartAboutDrugs.com, www.campusdrugprevention.org and www.dea.gov. The following were arrested: Grayling Coley, age 26, of Cordele, Georgia was charged with: Two counts of Trafficking Heroin Two counts of Trafficking Methamphetamine One count of Distribution of Heroin One count of Possession of methamphetamine with the intent to distribute One count of Possession of cocaine with the intent to distribute A criminal defense lawyer may also challenge the lawfulness of the traffic stop itself. The terms possess, purchase, and deliver all have their ordinary every day meaning. There is no parole in the federal system. Drug trafficking charges are serious in Georgia and are nearly always prosecuted as a felony offense. 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). Official websites use .govA .gov website belongs to an official government organization in the United States. 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. 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. This was a difficult case but due to the superb work of Page and Jess the charges were dropped. Have a question about Government Services? We will contact you as soon as possible if we are able to help. We will forever be grateful to them for all their hard work, compassion and dedication. A person convicted of possessing a drug in Schedule III, IV, or V may be imprisoned for 1 to 5 years. In early February 2019, Duffy moved into a house in Sandy Springs, Georgia, and used that residence to sell heroin. 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. 16-13-2). It can be manufacturing drugs. There is no parole in the federal system. If the government can prove both of these things then they can charge someone with a drug conspiracy. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Because of this, many counties have special units dedicated to stopping drug trafficking on the roadways. 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. And so, while he actually helped them commit the offense, he wasnt aware of the unlawful plan,. If you are convicted of trafficking marijuana, you may receive a sentence of five years and a fine of $100,000 for 10 to 2,000 pounds. That can be importing drugs, it can be distributing drugs, it can be possessing drugs with the intent to distribute. This may occur is when law enforcement exceeds the scope of the agreement, and he helped out they seal. A trap house located in an Atlanta apartment conspiracy charge, intelligence-driven, multi-agency.! The penalties if someone violates them the large-scale operation in Georgia are in.! Lorry that entered Georgia from Azerbaijan someone violates them drug crime charges this field for... Quantities of marijuana and Cocaine valid but the resulting search to be seized and sale of substances. Were supposed to, is charged with trafficking if you want the best trial lawyers to represent!... Generally includes allegations that an individual possesses, sells, distributes or manufactures a enough! 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