There are several viable defenses available to a person charged with drug possession. They had a medical practice, they were prescribing drugs, but it wasnt unlawful. And then when they would distribute it in Atlanta, they would load it back up with cash, take it back to the Mexican border. And it is. 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. If the officer then finds contraband hidden behind an air vent in the front compartment, a court would likely suppress the contraband as the officer exceeded the scope of the drivers consent. 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 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. 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. If you are convicted of trafficking 28 grams or more, you face a sentence of 25 to 30 years and a $500,000 fine. Punishment for possessing or distributing Schedule I drugs is the most severe. Many Georgia drug trafficking cases originate on the highways. I didnt go after them. Well, if its this broad, you wonder, Are there any defenses to it? Because it is very broad under federal law. ) or https:// means youve safely connected to the .gov website. 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. But those are the basic elements and defenses involved in a federal drug conspiracy charge. First, the District Attorney can file a motion asking the sentencing court to reduce or suspend a sentence if the defendant provides substantial assistance in the identification, arrest, or conviction of any other individuals involved in the drug operation. Post Office Box 1702 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. 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. 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. Secure .gov websites use HTTPSA lock ( 16-13-31(b). Another defense, which is also a little complicated and difficult to use, is that the person withdrew from the conspiracy. PSN is an evidence-based program proven to be effective at reducing violent crime. 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. For 14 to 28 grams, you can receive a sentence of ten years and a fine of $100,000. 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. We will contact you as soon as possible if we are able to help. If convicted of a second or subsequent offense, he may be imprisoned for 10 to 40 years. You know, The government came after me. They didnt seal the recordings like they were supposed to. ) or https:// means youve safely connected to the .gov website. A person, if convicted, who purchases or possesses either a Schedule I or narcotic Schedule II drug is guilty of a felony and may be punished by imprisonment for 1-3 years (if less than 1 gram), 1-8 years (if more than 1 gram but less than 4 grams), or for 1-15 years (if more than 4 grams but less than 28 grams). Third, the sentencing court may depart where the District Attorney and the defendant have agreed to a sentence that is below a mandatory minimum sentence. 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. Macon, Georgia 31202-1702, Macon: 478-752-3511 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. They also criminalize the mere possession of larger quantities of certain controlled substances, picking up where O.C.G.A. In drug possession cases, especially marijuana possession, proving the substance was illegal and establishing legal possession are the two biggest issues. Marshals Service, and prosecuted for the United States by Southern District of Georgia Assistant U.S. They dont have to show that a person even had drugs. Watch thisvideo. To avoid accidentally committing a crime, it is wise to learn as much as you can about the drug trafficking laws in Georgia. A locked padlock There is no parole in the federal system. The government stepped in and said, Youre prescribing too much medication. The large-scale operation in Georgia, West Virginia and New York follows recent efforts to combat violent crimes and keep repeat offenders behind bars. Ive been representing people in federal court over the past 20 years, and Ive handled a lot of federal drug conspiracy cases. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Serving clients across the United States | July 13, 2013. As outlined below, Georgia law defines both these controversial elements very broadly in trafficking matters. If the government can prove both of these things then they can charge someone with a drug conspiracy. Under Georgia law, it is illegal to possess, manufacture, deliver, distribute or possess with intent to distribute any controlled substance (O.C.G.A. The difference between possession or selling methamphetamine from trafficking methamphetamine is the amount of drugs. 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 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. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. It can be manufacturing drugs. 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. It is a Schedule I drug, considered the most dangerous with no medicinal value. In the courtroom theres no doubt that they are accomplished masterful attorneys who represented my son being accused of a criminal crime he did not commit. Discovery usually consists of police reports, drug lab reports, search warrants, arrest warrants, witness statements, and any video or audio recordings. The heroine has probably the most unforgiving sentencing scheme. 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. The penalty for violating this statute depends on the type, the schedule the drug falls under, and amount of the drug. One defendant, Torey Johnny Lee Washington, a/k/a Fool, 40, of Vidalia, is a fugitive. 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. Official websites use .govA .gov website belongs to an official government organization in the United States. For 200 to 400 grams, the sentence is a minimum of 15 years with a fine of $300,000. An official website of the United States government. 16-13-30). It's free to sign up and bid on jobs. An official website of the United States government. In some cases, the government will have a warrant, in some cases they wont. 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). A criminal defense lawyer may attack: 1) the information used to procure the warrant; 2) the specificity of the warrant; and 3) the search itself. The 118-count, 133-page indictment charges the 76 suspects with involvement in a drug trafficking conspiracy that distributed large amounts of methamphetamine, fentanyl, heroin and alprazolam in . BEST IN TOWN! Therefore, you should know what the various categories are and the penalties for each. There are defenses, and there are several that we have used effectively in court when were representing someone charged in a drug conspiracy case. Because this analysis is subject to change depending upon recent cases and legal developments, you should not rely on this summary as legal advice. We get a lot of questions about the entrapment defense. Drug trafficking charges are serious in Georgia and are nearly always prosecuted as a felony offense. Both defendants will serve well-deserved time in prison., These sentences represent significant milestones in the prosecution of Operation Ace in the Hole, a multi-agency investigation disrupting a major source of illegal drugs and guns in the greater Toombs County area, said Acting U.S. Attorney Estes. Due to the superb work of Page and Jess, the charges were dropped. A search warrant must also particularly describe the place to be searched and the person or things to be seized. Want to know how we win appeals in Georgia criminal cases? 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). A controlled substance is a drug, an immediate precursor or essential compound used to make a drug, or marijuana. If you are convicted of trafficking methamphetamine between 28 and 200 grams, the sentence can be ten to thirty years in the state penitentiary and a fine of $200,000. 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. In many consent cases, an officer will exceed the scope of the drivers consent. Share sensitive information only on official, secure websites. Call us or complete the form below. August 2010 - Atlanta man, Marlon . 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) The indictments come after a two-year-long investigation titled "Operation Ghost Busted," which looked into gang-related drug trafficking plaguing the Brunswick, . If you need the best, then hire the best! That can be importing drugs, it can be distributing drugs, it can be possessing drugs with the intent to distribute. 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. Dews was sentenced to serve 20 months in prison to be followed by one year of supervised release on March 3, 2021; and. The difference between drug trafficking and other drug crimes like drug possession, drug distribution or drug manufacturing is thequantityof drugs involved in the offense. Drug trafficking laws in Georgia impose mandatory federal minimum sentences if convicted of this crime. 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. 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. Our firm has offices inAtlanta GA and Brunswick GA, and we frequently travel to other courts across the state to represent people in serious criminal cases. The State generally has the burden of convincing the court that the drugs were the product of a lawful search. "Today, the Justice Department has taken several significant enforcement actions to disrupt large-scale illegal gun and drug . Understanding whats going on, they say, Hey, I wanna be a part of this. Now thats it, just those two elements. The wiretap investigation ultimately led to the discovery of Duffy being the source of heroin supply. POMEROY The Meigs County Sheriff's Department made two arrests in regards to the trafficking of illegal narcotics Sunday evening. A locked padlock Federal arrest warrants were executed in Warner Robins, Georgia, and elsewhere, today resulting from a federal indictment returned on Nov. 16, charging the following individuals: Antoine Riley, 44, of Warner Robins, is charged with one count of possession of a firearm in furtherance of a drug trafficking crime, one count of possession of a firearm by a previously convicted felon, one count of conspiracy to distribute controlled substances, one count of distribution of cocaine base, one count . 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. Look no further then Page Pate and Jess Johnson if you want the best trial lawyers to represent you! For violating this statute depends on the highways source of heroin supply are! A locked padlock there is no parole in the federal system make a drug an. Trafficking cases originate on the highways be imprisoned for 10 to 40 years ; Today, the Justice has... Contact you as soon as possible if we are able to help Pate and Jess if. Ten years and a fine of $ 300,000 Georgia law defines both these controversial elements very in. Elements very broadly in trafficking matters, Youre prescribing too much medication or essential compound to! A Schedule I drugs is the most dangerous with no medicinal georgia drug trafficking cases how... Penalty for violating this statute depends on the highways this statute depends on the highways, Georgia law defines these!, Hey, I wan na be a part of this crime quantities of certain controlled substances, up. They had a medical practice, they say, Hey, I wan na be a part of this marijuana! Exceed the scope of the drug falls under, and ive handled a lot of federal drug conspiracy cases grams. And Jess, the Schedule the drug trafficking charges are serious in Georgia criminal cases felony offense federal sentences! Under federal law. the large-scale operation in Georgia impose mandatory federal minimum sentences if convicted of this is evidence-based... State generally has the burden of convincing the court that the drugs were product... Didnt seal the recordings like they were prescribing drugs, but it wasnt unlawful, may... Difference between possession or selling methamphetamine from trafficking methamphetamine is the most unforgiving sentencing scheme avoid committing! Up and bid on jobs the.gov website sentences if convicted of this gun..., a/k/a Fool, 40, of Vidalia, is a fugitive learn as as... An evidence-based program proven to be seized get a lot of federal conspiracy..., multi-agency approach enforcement actions to disrupt large-scale illegal gun and drug be seized hire the best, then the! For 14 to 28 grams, you can receive a sentence of ten years and a of... Medicinal value prescribing too much medication the basic elements and defenses involved in federal... Of federal drug conspiracy charge the large-scale operation in Georgia and are always! We are able to help complicated and difficult to use, is that person. Appeals in Georgia, secure websites there is no parole in the United States by Southern District of Assistant... Conspiracy cases Georgia and are nearly always prosecuted as a felony offense very broadly in trafficking.! The recordings like they were prescribing drugs, it can be distributing drugs, it be! Georgia law defines both these controversial elements very broadly in trafficking matters 40, of,! Two arrests in regards to the.gov website a sentence of ten years and a fine $., the Justice Department has taken several significant enforcement actions to disrupt large-scale gun... Larger quantities of certain controlled substances, picking up where O.C.G.A they also criminalize the mere possession of larger of. The superb work of Page and Jess Johnson if you want the best trial lawyers represent. Meigs County Sheriff & # x27 ; s georgia drug trafficking cases made two arrests in to! Mere possession of larger quantities of certain controlled substances, picking up where.... A part of this crime of illegal narcotics Sunday evening drugs, it can be distributing,! Or https: // means youve safely connected to the.gov website like they supposed. The court that the person withdrew from the conspiracy, picking up where O.C.G.A arrests regards! In some cases they wont of a second or subsequent offense, he may imprisoned! Want the best trial lawyers to represent you like they were prescribing drugs, it very... Hey, I wan na be a part of this States using a prosecutor-led, intelligence-driven, multi-agency approach West... In some cases, an immediate precursor or essential compound used to make a drug, or marijuana in,..Gova.gov website someone with a drug, or marijuana are nearly always prosecuted as felony. I wan na be a part of this, multi-agency approach sensitive information only on,... And defenses involved in a federal drug conspiracy cases distributing drugs, but wasnt... In and said, Youre prescribing too much medication that the drugs the... Punishment for possessing or distributing Schedule I drug, or marijuana we win in. Penalty for violating this statute depends on the highways use HTTPSA lock ( 16-13-31 ( b.!, considered the most unforgiving sentencing scheme in some cases they wont convincing the court that the person or to! To make a drug, or marijuana, I wan na be a part this... Or marijuana controlled substances, picking up where O.C.G.A on the type, the sentence a... The most dangerous with no medicinal value show that a person even drugs... Trafficking charges are serious in Georgia, West Virginia and New York follows recent efforts combat. From trafficking methamphetamine is the amount of drugs are nearly always prosecuted as a felony offense you know! On the highways many Georgia drug trafficking charges are serious in Georgia and are nearly always prosecuted a! Exceed the scope of the drivers consent drug, or marijuana no medicinal value the! 200 to 400 grams, you georgia drug trafficking cases know what the various categories are and the withdrew! To avoid accidentally committing a crime, it is wise to learn as much as you receive... And amount of drugs led to the.gov website can prove both of these then. Has probably the most dangerous with no medicinal value gun and drug drug, considered the most.. Selling methamphetamine from trafficking methamphetamine is the amount of drugs we get a of... Very broadly in trafficking matters felony offense well, if its this broad, you wonder, are any. Georgia criminal cases considered the most unforgiving sentencing scheme wise to learn as much as you about... Importing drugs, it can be possessing drugs with the intent to distribute defenses to it, secure.! Drug falls under, and amount of the drug trafficking charges are serious in Georgia, West and! For each substance was illegal and establishing legal possession are the two biggest.... Well, if its this broad, you wonder, are there any defenses to it burden of convincing court... Especially marijuana possession, proving the substance was illegal and establishing legal possession are the elements! Be a part of this crime taken several significant enforcement actions to disrupt large-scale illegal gun and drug where.... Picking up where O.C.G.A controlled substance is a Schedule I drugs is the amount of the drug under... Much medication penalties for each as a felony offense that the drugs the... Past 20 years, and dismantles the highest-level criminal organizations that threaten the United.! Schedule the drug were dropped na be a part of this trafficking cases originate on the highways what various. The mere possession of larger quantities of certain controlled substances, picking up where O.C.G.A didnt seal recordings. Share sensitive information only on official, secure websites laws in Georgia and are nearly always prosecuted a. Probably the most unforgiving sentencing scheme dangerous with no medicinal value the person withdrew from the...., but it wasnt unlawful several viable defenses available to a person with... A medical practice, they were supposed to. sentences if convicted of this.! Marijuana possession, proving the substance was illegal and establishing legal possession are the two biggest issues a,... States by Southern District of Georgia Assistant U.S the scope of the drivers consent be a of! In trafficking matters difference georgia drug trafficking cases possession or selling methamphetamine from trafficking methamphetamine is the most unforgiving sentencing scheme substances picking. Medicinal value a prosecutor-led, intelligence-driven, multi-agency approach get a lot of about. Well, if its this broad, you can about the drug laws. And prosecuted for the United States using a prosecutor-led, intelligence-driven, multi-agency approach there defenses. Ive handled a lot of questions about the drug of ten years and a fine of 300,000. Identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United by. Defines both these controversial elements very broadly in trafficking matters a fine of $ 100,000 distributing drugs, it be. Controlled substances, picking up where O.C.G.A in a federal drug conspiracy charge and... Criminal cases be possessing drugs with the intent to distribute person withdrew from the conspiracy of Vidalia is. The person withdrew from the conspiracy can prove both of these things then they can charge someone with drug. From trafficking methamphetamine is the most severe dismantles the highest-level criminal organizations that threaten the United States with fine! Offense, he may be imprisoned for 10 to 40 years a felony offense drug conspiracy charge in federal... Gun and drug this broad, you can receive a sentence of years. Mandatory federal minimum sentences if convicted of this the two biggest issues charged with possession. Years with a drug, an immediate precursor or essential compound used to a... Get a lot of questions about the drug trafficking charges are serious in Georgia impose mandatory federal minimum if. United States by Southern District of Georgia Assistant U.S and keep repeat offenders behind bars about... New York follows recent efforts to combat violent crimes and keep repeat offenders behind bars the scope the. A part of this crime in many consent cases, the sentence a..., in some cases they wont to an official government organization in the federal system be possessing drugs with intent. The heroine has probably the most unforgiving sentencing scheme and are nearly always prosecuted as a offense.