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 the government also has to show a second element that the person, the person being charged in this case, knows about the agreement and joins in the agreement. 16-13-2). 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. 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. All rights reserved. Also follow DEA Atlanta via Twitter at @DEAATLANTADiv. "Today, the Justice Department has taken several significant enforcement actions to disrupt large-scale illegal gun and drug . The heroin that was seized at that time was tested at the Drug Enforcement Agency (DEA) Mid-Atlantic Laboratory and was positively identified as heroin weighing 98.47 grams. In June 2019, investigators executed search warrants at eight houses used for stashing or distributing narcotics in Atlanta and Vidalia, seizing more than two kilos of cocaine, four kilos of marijuana, half a kilo of methamphetamine, more than two kilos of MDMA, pints of Codeine, 600 grams of Xanax, pill presses, and surveillance equipment. 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. 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. So there was no unlawful agreement. Obtaining legal advice regarding the most current illegal drugs law can potentially save you money and trouble. There are defenses, and there are several that we have used effectively in court when were representing someone charged in a drug conspiracy case. 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. Individuals pulled over in their automobiles during a traffic stop do not enjoy the same level of protection and privacy. An official website of the United States government. All rights reserved. Share sensitive information only on official, secure websites. They have evidence that an individual is involved in the drug business, but they have charged him with a bunch of people that he didnt know. 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. 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 . Of all drug charges, trafficking is often considered the worst, a conviction of which carries significant prison time, parole, and huge fines. That means the State of Georgia applies a federal mandatory minimum sentence when it comes to drug crimes. 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. In some cases, the information submitted to the judge will be incomplete, false, stale, or obtained through unreliable sources. At the conclusion of the hearing, the State and the defense will argue why the drugs should be suppressed under the Fourth Amendment or a specific Georgia statute. Have a question about Government Services? Trafficking methamphetamine can also have serious consequences and penalties. Secure .gov websites use HTTPS Anyone charged with drug trafficking in Georgia will need a good criminal defense attorney to help navigate the process. 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. 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. We get a lot of questions about the entrapment defense. Attorneys Noah J . The amount of cocaine chosen as the dividing line between possession and trafficking is 28 grams. I represented a pilot who had a charter airline service. 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. In the vast majority of cases involving the search of a home, law enforcement is required to obtain a valid warrant before setting foot inside of the home. An official website of the United States government. On the other hand, constructive possession means the individual has the illegal substances in an area where they have dominion or control over them. A traffic stop is only lawful where the officer had reasonable grounds based on specific and articulable facts for making the stop. August 2010 - Atlanta man, Marlon . 16-13-31(a), Trafficking marijuana: O.C.G.A. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. 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. 2.79 tons of liquid heroin from a lorry that entered Georgia from Azerbaijan. One way this may occur is when law enforcement exceeds the scope of the search warrant. You know, The government came after me. Jackson pled guilty to Conspiracy to Possess with Intent to Distribute More Than 5 Grams of Methamphetamine, and Quantities of Marijuana and Cocaine. 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). 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. However, under O.C.G.A. One of the most powerful tools a criminal defense lawyer has in a drug trafficking or possession case is the motion to suppress evidence. Marshals Service, and prosecuted for the United States by Southern District of Georgia Assistant U.S. Drug trafficking charges in Georgia are based on accusations that a person possesses, sells, distributes or produces a large number of illegal drugs. Number one, the person was not predisposed at being involved in a drug conspiracy. While the above-listed sentences are mandatory minimum sentences, there are three different ways a defendant can be sentenced to less than the mandatory minimum. These dangerous drugs cause immeasurable damage to communities, but DEA and its law enforcement partners are committed to protecting these communities. As with any important legal question, you should always consult aGeorgia criminal defense lawyerlicensed to practice in your jurisdiction. 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 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. You need to consider that in almost any drug case theres usually going to be a search. Kathy Black, 40, of Macon, pleaded guilty to one count use of a communication facility to facilitate a drug trafficking offense. 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. Initial appearances for the defendants occurred today before U.S. Magistrate Judge Charles H. Weigle. If successful, a motion to suppress evidence will usually result in the dismissal of all drug charges well before trial. If the quantity of marijuana is is more than 10 pounds but less than 2,000 pounds, a person faces a mandatory minimum 5 years imprisonment and a $50,000.00 fine. The drugs were hidden in such items as childrens backpacks and baby-formula bottles. There is no parole in the federal system. They didnt seal the recordings like they were supposed to. 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. Secure .gov websites use HTTPSA lock ( 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. 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. Therefore, you should know what the various categories are and the penalties for each. In fact, according to Georgia statutes, penalties for this crime include fines of up to one million dollars and jail time of up to 30 years. According to Georgia Code 16-13-31 and 16-13-31.1, the following is considered drug trafficking: However, the penalties vary depending on the type and quantity of the substance. The terms possess, purchase, and deliver all have their ordinary every day meaning. Now he ran a medical practice and he prescribed pain medication, opioid pain medication, to a number of different patients for chronic pain. Now he faces many years in prison for the damage he has caused.. The government stepped in and said, Youre prescribing too much medication. And it is. We will contact you as soon as possible if we are able to help. Dews was sentenced to serve 20 months in prison to be followed by one year of supervised release on March 3, 2021; and. 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. The person being charged, while there may be an agreement, he doesnt know about it. 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. 16-13-31(b). That can be importing drugs, it can be distributing drugs, it can be possessing drugs with the intent to distribute. 16-13-30 left off. 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.) Drug trafficking charges are serious in Georgia and are nearly always prosecuted as a felony offense. DEFINITION OF TRAFFICKING MARIJUANA. 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. Weve also been successful suppressing wiretaps, and we see wiretaps now in almost every drug case. Share sensitive information only on official, secure websites. If the search was conducted pursuant to a warrant, there are three primary ways to attack the lawfulness of the search. 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. If a hearing is requested, the court will set the hearing down to be heard on a specific date. A criminal defense lawyer may also challenge the lawfulness of the traffic stop itself. The operation is being investigated by the U.S. Drug Enforcement Administration, the FBI, the Georgia Bureau of Investigation, the Bibb County Sheriffs Office Narcotics Unit, the Peach County Sheriffs 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.
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