Contact The Waltman Firm to schedule a consultation today! What is drug trafficking? All rights reserved. Columbus: 706-649-7700. We will forever be grateful to them for all their hard work, compassion and dedication. If you need the best, then hire the best! On February 22, 2019, pursuant to a valid federal search warrant, law enforcement searched Duffys narcotics sales location at his Sandy Springs home. What usually happens in a Georgia criminal case? If you've been charged with drug trafficking in Georgia, it's in your best interests to contact a local drug crime attorney who can help you understand and potentially challenge the most complicated aspects of the charges, such as determining whether the quantity of drugs amounts to trafficking. 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. DEFINITION OF TRAFFICKING MARIJUANA. 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. Duffy admitted that he conspired with others to possess with intent to distribute between one and three kilograms of heroin, or enough heroin to provide more than 10,000-30,000 doses, from December 2018 to February 2019. In order to convict somebody in federal court of a drug conspiracy charge, the government has to prove two elements. Many Georgia drug trafficking cases originate on the highways. 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 In December 2017, following the arrest of a heroin dealer in Macon, federal and local law enforcement began investigating heroin distribution by co-defendant Summerford. These are some defenses. If you have those two elements, then you have an entrapment defense, and its a very effective defense in trial. Share sensitive information only on official, secure websites. Bear in mind that if you are charged with drug trafficking, you may face a mandatory minimum sentence. A person convicted of possessing a drug in Schedule III, IV, or V may be imprisoned for 1 to 5 years. For 200 to 400 grams, the sentence is a minimum of 15 years with a fine of $300,000. So he had no knowledge of the agreement, and the jury found him not guilty of all charges. The number of illegally possessed firearms seized in this case also provides a glimpse into the dangerous underworld of narcotics trafficking.. March 10, 2009 - Regional drug-fighting hub opens in Carrollton. So I thought it might be helpful to talk about the basics. 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. If the search is characterized as an inventory search, the state must establish (among other things) that the search was conducted in accordance with that police departments policies regarding impounding vehicles and that the search was not simply a fishing expedition to find possible contraband. 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. One defendant, Torey Johnny Lee Washington, a/k/a Fool, 40, of Vidalia, is a fugitive. By Page Pate. By removing the most serious charges, you may be able to avoid the harshest sentences. 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. For any offense after that, you can expect to receive between 10 and 40 years to life in prison. What is Drug Trafficking? SE, Suite #417 Marietta, GA 30060, Title 16 Crimes and Offenses Chapter 13 Controlled Substances, Trafficking cocaine: O.C.G.A. During December 2018 and January 2019, Duffy sold heroin from a trap house located in an Atlanta apartment. The first obvious defense is that theres no unlawful agreement. Well, if its this broad, you wonder, Are there any defenses to it? Because it is very broad under federal law. It will serve as a multi-jurisdictional drug enforcement agency controlled by Georgia Bureau of Investigation. However, if the possession is 4-28 grams or more of opium, heroin, morphine, or several other substances under Schedules I and II, the punishment is much more severe. Attorneys Joseph McCool. PATRICK JOHNSON, 27, of Chicago, is charged with one count of murder in aid of racketeering. These issues are absent in most drug trafficking cases. 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. 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. We have successfully represented clients in serious criminal cases across the United States. That means the State of Georgia applies a federal mandatory minimum sentence when it comes to drug crimes. Post Office Box 1702 Those numbers go up with every amount over 200 grams. The entrapment defense. 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. In most states, such as Georgia, in order to be charged with drug trafficking, the case must involve more than several pounds of marijuana or an ounce or more . Weve also been successful suppressing wiretaps, and we see wiretaps now in almost every drug case. 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. Now notice whats missing here. PSN is an evidence-based program proven to be effective at reducing violent crime. Secure .gov websites use HTTPSA lock ( 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. The investigation culminated in a sealed, 61-count federal indictment returned in January 2020 with 26 defendants charged. If the government can prove both of these things then they can charge someone with a drug conspiracy. Call us or complete the form below. For methamphetamine and/or amphetamine, any person who sells, delivers, or brings into this state or who possesses 28 grams or more is guilty of trafficking. A traffic stop is only lawful where the officer had reasonable grounds based on specific and articulable facts for making the stop. 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. Finally, challenging an unlawful search or a wiretap. And it is. If successful, a motion to suppress evidence will usually result in the dismissal of all drug charges well before trial. A locked padlock 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 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). Assistant U.S. Attorney Robert McCullers is prosecuting the case. 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. 16-13-31(c), Trafficking methamphetamine: O.C.G.A. Lock How to Apply for the New Pretrial Diversion Program in Federal Court, Our Firm Helps Client Avoid Prison in Large Federal Drug Conspiracy Case, Federal Marijuana Sentences May Be Reduced Based on Changing Marijuana Laws, Law Enforcement Now Using Wiretaps for Facebook, Instagram. Williams was in possession of approximately one ounce of methamphetamine and arrested. Search for jobs related to Georgia drug trafficking cases or hire on the world's largest freelancing marketplace with 21m+ jobs. charged with Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack and Marijuana. In entrapment, you basically have to show two things. Understanding whats going on, they say, Hey, I wanna be a part of this. Now thats it, just those two elements. A locked padlock 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. But if you have other questions, feel free to give us a call.. Number one, the person was not predisposed at being involved in a drug conspiracy. You know, The government came after me. An individuals home receives greater protection under our Constitution than automobiles. Our lawyers are licensed to practice in all state and federal courts in Georgia. If you are facing drug trafficking charges, a felony lawyer is a wise choice to ensure you receive no more than the mandatory minimum sentences in sentencing court or your case is dismissed. All rights reserved. Drug trafficking is a significant problem in Georgia because it is one of the top five states for illegal drug use. Under the law, there are two types of possession. The most common drugs in each schedule are as follows: O.C.G.A. 16-13-31(a), Trafficking marijuana: O.C.G.A. What is a drug conspiracy? One of the most powerful tools a criminal defense lawyer has in a drug trafficking or possession case is the motion to suppress evidence. Watch thisvideo. 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. For 2,000 to 10,000 pounds, you can be sentenced to seven to thirty years in prison and a fine of $250,000. The Georgia laws on drug trafficking can seem overly complicated, as the penalties for being caught trafficking vary not only on the type of drug but also on the amount and whether you have priors. Defending Georgia Drug Trafficking Cases by Winning Motions to Suppress Evidence. As a general matter, possession of less than 1 ounce of marijuana is a misdemeanor (O.C.G.A. In early February 2019, Duffy moved into a house in Sandy Springs, Georgia, and used that residence to sell heroin. 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