With the removal of drugs, weapons and money and 12 defendants from the streets, the citizens of Bibb County will be immediately safer., Illegal drugs and illegally possessed firearms have no place in Georgia, said Vic Reynolds, Director of the Georgia Bureau of Investigation. But, in some cases, a judge can depart from the mandatory minimum term of imprisonment if, for example, the persons criminal conduct didnt result in death or serious injury, or they didnt possess a dangerous weapon or a firearm at the time when the crime was committed. 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. We will contact you as soon as possible if we are able to help. There are several viable defenses available to a person charged with drug possession. All rights reserved. If you need the best, then hire the best! Arthur Anderson, 57, of Macon, pleaded guilty to one count use of a communication facility to facilitate a drug trafficking offense. 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. 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. In order to convict somebody in federal court of a drug conspiracy charge, the government has to prove two elements. Michael Duffy, 43, of Sandy Springs, Georgia, pleaded guilty to one count conspiracy to possess with intent to distribute heroin on Thursday, May 20. If you have those two elements, then you have an entrapment defense, and its a very effective defense in trial. They are dangerous and threaten the safety of our communities, said Vic Reynolds, Director of the GBI. 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. Tawana Daniels, 40, of Fairburn, Ga., charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana; Possession of a Firearm in Furtherance of a Drug Trafficking Crime; and Possession of a Firearm by a Convicted Felon. 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. 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. The most common drugs in each schedule are as follows: O.C.G.A. On a number of occasions, co-defendants Summerford, Black and Patrick Dews would travel to metro-Atlanta to purchase heroin from Duffy, generally 142 grams on each trip enough heroin to provide more than 1,000 doses. Operation Breaking the Bond is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. 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 This case is a direct result of what can be achieved when the U.S. Drug Enforcement Administration (DEA) and its law enforcement partners confront, engage and eliminate drug trafficking, said the Special Agent in Charge of the DEA Atlanta Field Division Robert J. Murphy. 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. 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). Even when a driver consents to his vehicle being searched, it may be possible to challenge the lawfulness of the search. In early February 2019, Duffy moved into a house in Sandy Springs, Georgia, and used that residence to sell heroin. It doesnt protect you from what you may have done with that group in the past. The first obvious defense is that theres no unlawful agreement. As announced in a Jan. 11, 2023, multi-agency news conference held at Glynn County Police Department Headquarters [] MACON, GA - Twelve defendants have been charged in a newly unsealed federal indictment alleging a middle Georgia drug trafficking conspiracy. 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! Watch thisvideo. Have a question about Government Services? The drug trafficking penalty in Georgia may even include a mandatory minimum penalty of 25 years in prison along with a fine of 1 million dollars. An official website of the United States government. Investigators also seized 20 firearms, including a fully automatic machine gun and several assault-style rifles, a trove of gang-related documents, and nearly $50,000 in cash. 16-13-30 makes it illegal for a person to possess, purchase, or have under their control any controlled substance. 16-13-31(c), Trafficking methamphetamine: O.C.G.A. 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. 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. In other words, marijuana smoke billowing from the window will give law enforcement probable to cause to search. Marshals Service, and prosecuted for the United States by Southern District of Georgia Assistant U.S. As experienced trial attorneys, we are also not afraid to take your case to trial if necessary. 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. What is Drug Trafficking? On February 22, 2019, pursuant to a valid federal search warrant, law enforcement searched Duffys narcotics sales location at his Sandy Springs home. Disclaimer|Sitemap. Help locate the three that are still wanted . The government does not have to show that there is some sort of formal agreement, or contract, or anything like that. Obviously there was an agreement. Drug trafficking charges in Georgia are based on accusations that a person possesses, sells, distributes or produces a large number of illegal drugs. Lock Similarly, these numbers will also go up for every amount over 2,000 pounds. 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. The charges of possession of cocaine with intent to distribute and possession of cocaine base with intent to distribute each carry a mandatory minimum sentence of five years up to a maximum sentence of 40 years and a $5,000,000 fine. Somebodys house was searched, somebodys car was searched, a storage shed, a business. Motions to suppress evidence are based on the idea that law enforcement has violated an individual's Fourth Amendment right to be free of unreasonable searches and seizures or some other right protected by a specific Georgia law. 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. 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. The people that he was carrying into Atlanta had large duffel bags with them, and it turns out they had a lot of cocaine in those duffel bags. 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. Se Habla Espaol, 101 Marietta Street NWSuite 3300Atlanta, GA 30303(404) 223-3310, 2022 by The Church Law Firm LLC. PATRICK JOHNSON, 27, of Chicago, is charged with one count of murder in aid of racketeering. Toussaint is among seven defendants awaiting sentencing, while three defendants are awaiting trial. Toombs County residents can take comfort in these two sentences, and many more to follow, that will keep this predatory gang off their streets.. Have a question about Government Services? In a press release from the department, on Jan . Again, a federal judge threw out those wiretaps and we were able to resolve the case. Trafficking methamphetamine can also have serious consequences and penalties. They had nothing to do with drugs until the government came along, either an undercover agent or an informant, and they went after this individual and tried to convince them to get involved. Their dedication and complete commitment to their client is beyond reproach. Because this analysis is subject to change depending upon recent cases and legal developments, you should not rely on this summary as legal advice. A .gov website belongs to an official government organization in the United States. The drugs were hidden in such items as childrens backpacks and baby-formula bottles. Assistant U.S. Attorney Alex Kalim is prosecuting the case. 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. It will serve as a multi-jurisdictional drug enforcement agency controlled by Georgia Bureau of Investigation. The State generally has the burden of convincing the court that the drugs were the product of a lawful search. There is no parole in the federal system. The indictments come after a two-year-long investigation titled "Operation Ghost Busted," which looked into gang-related drug trafficking plaguing the Brunswick, . So there was no unlawful agreement. ) or https:// means youve safely connected to the .gov website. Therefore, you should know what the various categories are and the penalties for each. 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. 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. Justin Adams, a/k/a Ace, 40, of Vidalia, and Andre Jackson, a/k/a Dre, 31, of Vidalia, were sentenced by U.S. District Court Judge R. Stan Baker, said Acting U.S. Attorney David H. Estes. 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. Or, in other words, either actual or constructive possession will be enough to establish the possession needed to support a drug trafficking charge. 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