The community is much safer with these defendants behind bars., Illegal guns and drugs have no place in Georgia. 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. You need to consider that in almost any drug case theres usually going to be a search. Lock You can also be charged with trafficking if you bring a large enough amount of a controlled substance from another country or state. PSN is an evidence-based program proven to be effective at reducing violent crime. A Winsted, Connecticut, man pleaded guilty today to participating in a conspiracy to distribute fentanyl over the darknet. 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. 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). An individuals home receives greater protection under our Constitution than automobiles. For example, for cocaine, as little as 28 grams or a mixture that is at least ten percent cocaine can result in serious consequences. During December 2018 and January 2019, Duffy sold heroin from a trap house located in an Atlanta apartment. 2022 by The Church Law Firm LLC. In Georgia, a motion to suppress evidence must generally be filed within 10 days after the arraignment date. 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) He was simply prescribing medicine for his patients, and he was acting within the legitimate medical practice and what his license allowed. The judge must then determine if law enforcement has provided enough information to establish probable cause to believe that a crime has been or is being committed at a specific location. 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. 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. 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. The defendants charged in the 24-count indictment, most of whom have made initial court appearances, include: Prentice Bond, a/k/a P, a/k/a Peze, 35, of Macon, charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana; Distribution of Cocaine; two counts of Distribution of 28 Grams or More of Cocaine; Possession with Intent to Distribute Cocaine, 28 Grams or More of Crack Cocaine, and a Quantity of Marijuana; Possession with Intent to Distribute Marijuana; Possession of a Firearm by a Convicted Felon; Possession of a Firearm in Furtherance of a Drug Trafficking Crime; and Maintaining a Drug-Involved Premises; Travis Robinson, a/k/a T-Roc, 45, of Fairburn, Ga., charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana; two counts of Possession of a Firearm by a Convicted Felon; two counts of Possession of a Firearm in Furtherance of a Drug Trafficking Crime; and Maintaining a Drug-Involved Premises; Xavier Cross, a/k/a Ro, a/k/a Kairo, 45, or Macon, charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana; three counts of Distribution of Cocaine; two counts of Distribution of 28 Grams or More of Cocaine; Possession with Intent to Distribute Marijuana; Possession with Intent to Distribute 500 Grams or More of Cocaine, and a Quantity of Oxycodone; Possession with Intent to Distribute Cocaine and Marijuana; two counts of Possession of a Firearm in Furtherance of a Drug Trafficking Crime; two counts of Possession of a Firearm by a Convicted Felon; and two counts of Maintaining a Drug-Involved Premises; Charles Seang, 28, of Lilburn, Ga., charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana; Chester Hall, a/k/a Cheeseburger, a/k/a Cheese, 40, of Macon, charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana; Possession with Intent to Distribute Marijuana; Possession with Intent to Distribute Cocaine and Marijuana; Possession with Intent to Distribute 500 Grams or More of Cocaine, and a Quantity of Oxycodone; Possession with Intent to Distribute Cocaine and Marijuana; Possession of a Firearm in Furtherance of a Drug Trafficking Crime; and Maintaining a Drug-Involved Premises; Geneva Harvey, 39, of Macon, charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana; Possession with Intent to Distribute Marijuana; two counts of Possession of a Firearm in Furtherance of a Drug Trafficking Crime; two counts of Possession of a Firearm by a Convicted Felon; and Maintaining a Drug-Involved Premises; Shaneka Jackson, 43, of Macon, charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana; Possession with Intent to Distribute Cocaine, 28 Grams or More of Crack, and a Quantity of Marijuana; Possession of a Firearm in Furtherance of a Drug Trafficking Crime; and Possession of a Firearm by a Convicted Felon; Rodreco Jones, a/k/a Freako, a/k/a Rico, 39, of Macon, charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana; Earnest Milline, a/k/a Rome, a/k/a Jerome, 62, of Macon, charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana; two counts of Distribution of Cocaine; and Possession with Intent to Distribute Marijuana; Morgan Allison, 22, of Macon, charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana; Possession with Intent to Distribute Cocaine; and Possession of a Firearm in Furtherance of a Drug Trafficking Crime; George Leverett, 28, Macon, charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana; and. In some cases, the information submitted to the judge will be incomplete, false, stale, or obtained through unreliable sources. 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. They tried to sell me drugs. If a judge signs a warrant not supported by probable cause, the warrant is invalid and the fruits of any search must generally be suppressed. 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. All rights reserved. This affidavit is then submitted to the judge for his or her consideration. 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. 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. Furthermore, for larger quantities of certain types of drugs, a person may also be charged with drug trafficking (O.C.G.A. We will continue to work diligently along with our local and federal partners to investigate and dismantle drug trafficking organizations.. ) or https:// means youve safely connected to the .gov website. Georgia drug trafficking laws punish those who break the law and keep society safe. Disclaimer|Sitemap. A .gov website belongs to an official government organization in the United States. Heroin, morphine, and opium, however, can be harshly penalized for a mere four grams. 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 of the most powerful tools a criminal defense lawyer has in a drug trafficking or possession case is the motion to suppress evidence. 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. The terms possess, purchase, and deliver all have their ordinary every day meaning. In a press release from the department, on Jan . Lock The charge carries upon conviction a penalty of up to life in prison. Drug trafficking is a serious criminal offense, and although incidents are usually not as widespread as the recent bust of the alleged Mexico-based cartel, these types of cases are some of the most complexes. If convicted of trafficking in Georgia of 200 grams or more but less than 400 grams, then the punishment range increases. 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. 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. On Saturday, January 14, a Columbus officer attempted to initiate a traffic stop in the area of Beacon . One of the most powerful tools a criminal defense lawyer has in a drug trafficking or possession case is the motion to suppress evidence. One of the things Ive learned is that most people, when theyre charged with something like this, really dont know what a drug conspiracy is. A good example of that is a case I handled just last year representing a doctor who worked at a pain clinic. 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. In 2014, the Ministry of Internal Affairs seized approx. 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: The charge of possession of a firearm in furtherance of a drug trafficking crime carries a mandatory minimum of five years up to a maximum life sentence and a $250,000 fine; The charge of possession of a firearm by a convicted felon carries a maximum ten years in prison and a $250,000 fine; The charges of conspiracy to distribute controlled substances and possession of methamphetamine each carry a mandatory minimum sentence of ten years up to a maximum life sentence and a $10,000,000 fine; The charge of distribution of cocaine base carries a maximum sentence of twenty years and a $1,000,000 fine; and. For any offense after that, you can expect to receive between 10 and 40 years to life in prison. Also follow DEA Atlanta via Twitter at @DEAATLANTADiv. When trying to obtain a search warrant, law enforcement must prepare a supporting affidavit setting forth all relevant facts. So when they go to trial, if they dont prove exactly whats in that indictment, then the jury cannot find the person guilty. Drug trafficking charges in Georgia are based on accusations that a person possesses, sells, distributes or produces a large number of illegal drugs. In early February 2019, Duffy moved into a house in Sandy Springs, Georgia, and used that residence to sell heroin. 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. If the search was conducted pursuant to a warrant, there are three primary ways to attack the lawfulness of the search. Many Georgia drug trafficking cases originate on the highways. We represent clients in Atlanta and throughout the state of Georgia. Even when a driver consents to his vehicle being searched, it may be possible to challenge the lawfulness of the search. . These are some defenses. The heroine has probably the most unforgiving sentencing scheme. A driver who exhibits nervousness, however, is generally not enough to establish probable cause. 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. When the government charges someone, they draft an indictment, and thats agreed to by the grand jury, and then the government is stuck with that document. In most states, the case has to involve more than several pounds of marijuana or an ounce or more of harder drugs (like cocaine, methamphetamine, ecstasy, LSD, etc.) An experienced attorney may be able to get the prosecutor to consent to a bond in the case if you have ties to the community and meet the above factors. Share sensitive information only on official, secure websites. Obviously there was an agreement. They tried to get me involved in this conspiracy. The entrapment defense is a very effective defense when its used the right way and by a lawyer who knows what he or she is doing. 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. Share sensitive information only on official, secure websites. Secure .gov websites use HTTPSA lock ( 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). In the first one, they didnt have enough probable cause to get the wiretap. Toombs County residents can take comfort in these two sentences, and many more to follow, that will keep this predatory gang off their streets.. 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. Macon, Georgia 31202-1702, Macon: 478-752-3511 For 2,000 to 10,000 pounds, you can be sentenced to seven to thirty years in prison and a fine of $250,000. 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 guide covers the basics of these laws and the penalties if someone violates them. 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. 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. Manufacture means the production, preparation, compounding, conversion, or processing of a controlled substance by extracting components of a substances natural origin or by chemical synthesis. Number one, the person was not predisposed at being involved in a drug conspiracy. The answer is that it varies because Georgia sets different limits for different categories of drugs, and they are not always the same for individual schedules. 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. 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. 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. They didnt seal the recordings like they were supposed to. 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. Georgia drug trafficking laws carry significant penalties and there are many potentially aggravating factors. The way to challenge that is by filing a motion early in the case, getting a hearing, and then showing the judge that the search was unlawful. Drug trafficking charges are serious in Georgia and are nearly always prosecuted as a felony offense. The distribution of dangerous substances like, cocaine, crack, and marijuana continue to plague many communities. Punishment for possessing or distributing Schedule I drugs is the most severe. Anderson faces a maximum sentence of four years in prison to be followed by three years of supervised release and a $250,000 fine. Weve been able to throw out two cases based on improper wiretaps. Albany: 229-430-7754 What usually happens in a Georgia criminal case? Clearly those individuals were part of a drug conspiracy. In entrapment, you basically have to show two things. As announced in a Jan. 11, 2023, multi-agency news conference held at Glynn County Police Department Headquarters [] 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. From December 2018 to February 2019, Summerford generally went to Duffy to resupply heroin approximately every four to five days and usually purchased approximately 142 grams on each trip. The number of illegally possessed firearms seized in this case also provides a glimpse into the dangerous underworld of narcotics trafficking.. The large-scale operation in Georgia, West Virginia and New York follows recent efforts to combat violent crimes and keep repeat offenders behind bars. And it is. 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. Of all drug charges, trafficking is often considered the worst, a conviction of which carries significant prison time, parole, and huge fines. 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. 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. Marietta Office Suites 55 Atlanta St. 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. There is no parole in the federal system. Final Defendant Sentenced in Gang-Related South Georgia Meth-Trafficking Conspiracy Drug Enforcement Administration Robert J. Murphy, Jr. Special Agent in Charge Atlanta @DEAAtlantaDiv January 05, 2023 Contact: SA Crystal Harper Phone Number: (571) 362-3433 For Immediate Release What is a drug conspiracy? A locked padlock For this quantity of cocaine the minimum prison sentence is 15 . Another high-profile case also involving Georgia took place in 2014. So I thought it might be helpful to talk about the basics. Secure .gov websites use HTTPS BEST IN TOWN! 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. They also criminalize the mere possession of larger quantities of certain controlled substances, picking up where O.C.G.A. There is no parole in the federal system. If you are charged with trafficking marijuana in Georgia, and the amount seized was somewhere between 10 pounds and 2,000 pounds, it is a mandatory minimum sentence of five years and a $100,000 fine. 16-13-31(b). So he had no knowledge of the agreement, and the jury found him not guilty of all charges. As with any important legal question, you should always consult aGeorgia criminal defense lawyerlicensed to practice in your jurisdiction. 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 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. If a hearing is requested, the court will set the hearing down to be heard on a specific date. Because this analysis is subject to change depending upon recent cases and legal developments, you should not rely on this summary as legal advice. The government stepped in and said, Youre prescribing too much medication. Weve also been successful suppressing wiretaps, and we see wiretaps now in almost every drug case. 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.. Its just this agreement, and then knowing about the agreement, saying, I wanna be a part of it. The person can drive a car and be part of a drug conspiracy. 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