georgia drug trafficking cases

Marshals Service, and prosecuted for the United States by Southern District of Georgia Assistant U.S. What is a drug conspiracy? 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. So, even if an individual doesnt have drugs on them, they can still face drug crime charges. Here is a short video describing drug trafficking laws in Georgia, including some defenses that our firm has used in the past to win these cases at trial or successfully resolve them before they ever get to trial. Perhaps they made a call and suggested a drug deal, and he turned them down but they came back again. Those numbers go up with every amount over 200 grams. If convicted of a second or subsequent offense, he may be imprisoned for 10 to 40 years. charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana. Contact The Waltman Firm to schedule a consultation today! 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 general, drug trafficking is defined as manufacturing, transporting, selling, or having an illegal substance in more significant quantities than would typically be needed for use alone. The difference between drug trafficking and other drug crimes-such as possession of drugs, distribution of drugs or drug production-is the number of drugs implicated in the offense. All rights reserved. Again, a federal judge threw out those wiretaps and we were able to resolve the case. The Macon area is much safer because of this operation., This operation demonstrates the hard work and dedication of federal, state, and local law enforcement professionals in interdicting and disrupting the channels of illegal drug distribution in our communities, said Acting U.S. Attorney Estes. Se Habla Espaol, 101 Marietta Street NWSuite 3300Atlanta, GA 30303(404) 223-3310, 2022 by The Church Law Firm LLC. The person being charged, while there may be an agreement, he doesnt know about it. Marshals Service, and prosecuted for the United States by Southern District of Georgia Assistant U.S. Jackson pled guilty to Conspiracy to Possess with Intent to Distribute More Than 5 Grams of Methamphetamine, and Quantities of Marijuana and Cocaine. One way this may occur is when law enforcement exceeds the scope of the search warrant. 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. What is Drug Trafficking? The Justice Department announced the arrest of more than 110 people on gun and drug charges in three states. 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. Law enforcement successfully stopped what was a steady flow of heroin from an Atlanta-based supplier into the Macon community, undoubtedly saving lives, said Acting U.S. Attorney Peter D. Leary. 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. Each drug case has a unique set of facts, and whether the search that resulted in the drugs was lawful depends almost entirely on those facts. 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 . Furthermore, possession of larger quantities of certain types of drugs (such as cocaine, opium, heroin, marijuana, and methamphetamine, to name a few) allows the presumption that the drugs were being trafficked which comes with much harsher punishment. Finally, challenging an unlawful search or a wiretap. 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. 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. There is no requirement that the person actually has to handle any drugs. As a general matter, possession of less than 1 ounce of marijuana is a misdemeanor (O.C.G.A. Secure .gov websites use HTTPS 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. Dews was sentenced to serve 48 months in prison to be followed by one year of supervised release on March 3, 2021; Patrick Dews, 34, of Macon, pleaded guilty to one count use of a communication facility to facilitate a drug trafficking offense. And E. Greg Gilluly Jr. DEFINITION OF TRAFFICKING MARIJUANA. The charge carries upon conviction a penalty of up to life in prison. The punishment for trafficking or distributing drugs in any of these schedules is 1 to 10 years imprisonment. 16-13-31 (c), a person commits the offense of Trafficking in Marijuana when he or she sells, manufactures, grows, delivers, brings into this state, or has possession of a quantity of marijuana exceeding ten pounds. The most strict penalties for trafficking marijuana, on the other hand, are measured in pounds. If you are convicted of trafficking an amount of cocaine between 28 and 200 grams, the sentence can be ten to thirty years in the state penitentiary and a fine of $200,000. A controlled substance is a drug, an immediate precursor or essential compound used to make a drug, or marijuana. 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. Georgia Drug Trafficking Charges O.C.G.A. 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. 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. They also criminalize the mere possession of larger quantities of certain controlled substances, picking up where O.C.G.A. The large-scale operation in Georgia, West Virginia and New York follows recent efforts to combat violent crimes and keep repeat offenders behind bars. If you are convicted of 400 grams or more, you face a minimum prison sentence of 25 years and a $1,000,000 fine. Under Georgia law O.C.G.A. Attorneys Joseph McCool. And even if you do that, it only protects you going forward. The indictments come after a two-year-long investigation titled "Operation Ghost Busted," which looked into gang-related drug trafficking plaguing the Brunswick, . They didnt seal the recordings like they were supposed to. Obviously there was an agreement. In some cases, the government will have a warrant, in some cases they wont. Lock Now he faces many years in prison for the damage he has caused.. A .gov website belongs to an official government organization in the United States. ) or https:// means youve safely connected to the .gov website. This was a difficult case but due to the superb work of Page and Jess the charges were dropped. Well, if its this broad, you wonder, Are there any defenses to it? Because it is very broad under federal law. The judge may also impose non-monetary restrictions (house arrest, no contact provisions, GPS ankle monitor, curfew, etc . I didnt go after them. For 2,000 to 10,000 pounds, you can be sentenced to seven to thirty years in prison and a fine of $250,000. Its just a general understanding or plan between two or more people to do something that violates the federal drug laws. Official websites use .gov The government does not have to show that a person actually sold drugs. So he had no knowledge of the agreement, and the jury found him not guilty of all charges. Columbus: 706-649-7700. In drug possession cases, especially marijuana possession, proving the substance was illegal and establishing legal possession are the two biggest issues. In Cobb County, bonds for trafficking range from $65,000 up to $125,000. 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. Our lawyers are licensed to practice in all state and federal courts in Georgia. Toombs County residents can take comfort in these two sentences, and many more to follow, that will keep this predatory gang off their streets.. We have successfully represented clients in serious criminal cases across the United States. 16-13-30 left off. A West Liberty-are man sentenced to prison for drug trafficking was among the cases handled recently in Logan County Common Pleas Court. For 14 to 28 grams, you can receive a sentence of ten years and a fine of $100,000. The penalty for violating this statute depends on the type, the schedule the drug falls under, and amount of the drug. As a general rule, probable cause is determined by the totality of the circumstances. 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. Lock Drug trafficking is a serious criminal charge based on certain quantities of illegal drugs. 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 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. Drug trafficking charges in Georgia are based on accusations that a person possesses, sells, distributes or produces a large number of illegal drugs. 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. It is a Schedule I drug, considered the most dangerous with no medicinal value. 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. Drug trafficking charges are serious in Georgia and are nearly always prosecuted as a felony offense. 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. 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. The operation is being investigated by the U.S. Drug Enforcement Administration, the FBI, the Georgia Bureau of Investigation, the Bibb County Sheriff's Office Narcotics Unit, the Peach County Sheriff's Office, the Braselton Police Department and the Union City Police Department, with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives and the U.S. 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. 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. 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. The first element is that there is an agreement to violate the drug laws, and that sounds pretty simple. A criminal defense lawyer will have the opportunity to cross-examine the arresting or searching officer, call any witnesses of his own, and tender evidence into the record for the courts consideration. Another defense is that there is no knowledge of the agreement. A locked padlock 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. Weve been able to throw out two cases based on improper wiretaps. 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