Operation Breaking the Bond is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. A locked padlock If you have those two elements, then you have an entrapment defense, and its a very effective defense in trial. Michael Duffy, 43, of Sandy Springs, Georgia, pleaded guilty to one count conspiracy to possess with intent to distribute heroin on Thursday, May 20. 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. 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 . If you need the best, then hire the best! If you are charged with trafficking cocaine, that is not merely a slap on the wrist. 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. 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. This was a difficult case but due to the superb work of Page and Jess the charges were dropped. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime. A traffic stop is only lawful where the officer had reasonable grounds based on specific and articulable facts for making the stop. Its a different conspiracy, and so the jury has to find him not guilty. 16-13-31(c), Trafficking methamphetamine: O.C.G.A. Depending on the amount of marijuana involved, a conviction may result in a prison sentence with the term of imprisonment increasing beyond the mandatory minimum sentence with the quantity being moved. A lock ( Anyone charged with drug trafficking in Georgia will need a good criminal defense attorney to help navigate the process. 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. Criminal indictments contain only charges; defendants are presumed innocent unless and until proven guilty. We will continue to work diligently along with our local and federal partners to investigate and dismantle drug trafficking organizations.. This field is for validation purposes and should be left unchanged. If there is 10,000 pounds or more of marijuana, the person faces a mandatory minimum of 15 years imprisonment and a $1 million fine. 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.. Disclaimer|Sitemap. Post Office Box 1702 I represented a pilot who had a charter airline service. 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. Albany: 229-430-7754 ) or https:// means youve safely connected to the .gov website. 16-13-2). Discovery usually consists of police reports, drug lab reports, search warrants, arrest warrants, witness statements, and any video or audio recordings. 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. Official websites use .gov There is no parole in the federal system. There are several viable defenses available to a person charged with drug possession. As outlined below, Georgia law defines both these controversial elements very broadly in trafficking matters. to be charged with drug trafficking. The U.S. Attorneys Office for the Middle District of Georgia is recused from the case, which is being prosecuted by the Southern District. Lock If that is the case, you can work with our law firm, and we can build a defense to help you get a . What is a drug conspiracy? 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. 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. 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. On the way back from purchasing heroin from Duffy on February 20, 2019, Summerfords van was stopped and the heroin was seized. Possession of more than 1 ounce is a felony punishable by 1 to 10 years imprisonment. In many consent cases, an officer will exceed the scope of the drivers consent. In drug possession cases, especially marijuana possession, proving the substance was illegal and establishing legal possession are the two biggest issues. 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.) 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. 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. Trafficking methamphetamine can also have serious consequences and penalties. 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. You need to consider that in almost any drug case theres usually going to be a search. PATRICK JOHNSON, 27, of Chicago, is charged with one count of murder in aid of racketeering. 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. Ive been representing people in federal court over the past 20 years, and Ive handled a lot of federal drug conspiracy cases. If you or someone you know is facing a charge like this, I hope this has answered some of your questions. "Today, the Justice Department has taken several significant enforcement actions to disrupt large-scale illegal gun and drug . For 200 to 400 grams, the sentence is a minimum of 15 years with a fine of $300,000. They didnt seal the recordings like they were supposed to. They tried to sell me drugs. Drug trafficking charges are serious in Georgia and are nearly always prosecuted as a felony offense. 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 Investigators also seized 39 illegally possessed firearms, ranging from pistols and shotguns to assault-style rifles. 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. Second, the sentencing court may use its own discretion to depart from a mandatory minimum sentence if the defendant was not a leader in the drug operation, if the defendant did not possess a weapon, the criminal conduct did not result in a death or serious bodily injury, the defendant has no prior felonies, and the interests of justice will not be served by applying the mandatory minimum sentence. A few common defenses include: The information provided above is a very general summary of Georgia drug trafficking and possession law at the time this text was prepared. In the first one, they didnt have enough probable cause to get the wiretap. That can be importing drugs, it can be distributing drugs, it can be possessing drugs with the intent to distribute. 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. For 200 to 400 grams, the sentence is 15 to 30 years with a fine of $300,000. 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. U.S. Attorney's Office, Middle District of Georgia, Nine Federally Charged, Arrested in Middle GA Drug Trafficking Investigation, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), ACTIVITY IN THE UNITED STATES ATTORNEY'S OFFICE, Man Indicted on Federal Racketeering Charge for Allegedly Murdering Teenage Girl To Increase Position in Violent Street Gang, Nine newly indicted on federal charges for crimes including drugs and illegal firearms possession, Nine Federally Charged, Arrested In Middle GA Drug Trafficking Investigation. 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. MACON, GA - Twelve defendants have been charged in a newly unsealed federal indictment alleging a middle Georgia drug trafficking conspiracy. 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. Arthur Anderson, 57, of Macon, pleaded guilty to one count use of a communication facility to facilitate a drug trafficking offense. The operation, which started in mid-2019, targeted sources of illegal drugs brought into and distributed in the Macon area, and led to a series of searches in which large amounts of cocaine, crack cocaine, oxycodone, and marijuana were seized, along with nearly $97,000 in cash, a machine for pressing kilo-sized bricks of cocaine, money counters, scales, and drug packaging materials. A locked padlock Individuals pulled over in their automobiles during a traffic stop do not enjoy the same level of protection and privacy. 2022 by The Church Law Firm LLC. For instance, a court may suppress cocaine found under a floorboard in a home where the search warrant only called for the seizure of an individuals personal computer. ) or https:// means youve safely connected to the .gov website. Call us or complete the form below. . The government does not have to show that there is some sort of formal agreement, or contract, or anything like that. If the government can prove both of these things then they can charge someone with a drug conspiracy. Another defense, which is also a little complicated and difficult to use, is that the person withdrew from the conspiracy. Its just a general understanding or plan between two or more people to do something that violates the federal drug laws. Case Update: Five of the eight individuals wanted by the #FBI for drug trafficking conspiracy in Georgia are in custody. Secure .gov websites use HTTPS There are defenses, and there are several that we have used effectively in court when were representing someone charged in a drug conspiracy case. These laws can be confusing, so if you are charged with drug trafficking, consulting an experienced criminal defense attorney would be beneficial to your case. In general, drug trafficking is defined as manufacturing, transporting, selling, or having an illegal substance in more significant quantities than would typically be needed for use alone. 16-13-31(e), Trafficking morphine, opium,or heroin: O.C.G.A. Drug trafficking charges in Georgia are a felony. Due to the superb work of Page and Jess, the charges were dropped. Bear in mind that if you are charged with drug trafficking, you may face a mandatory minimum sentence. We will contact you as soon as possible if we are able to help. In that case, it is considered drug trafficking under Section 16-13-31 and the punishment is as follows: mandatory 5-year minimum imprisonment if the quantity is more than 4 but less than 14 grams and a $50,000.00 fine; mandatory 10 year minimum imprisonment if the quantity is more than 14 but less than 28 grams and a $100,000.00 fine; and mandatory 25 year minimum imprisonment if the quantity is more than 28 grams and a $500,000.00 fine. They also criminalize the mere possession of larger quantities of certain controlled substances, picking up where O.C.G.A. Look no further then Page Pate and Jess Johnson if you want the best trial lawyers to represent you! 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 Georgia drug trafficking laws carry significant penalties and there are many potentially aggravating factors. This field is for validation purposes and should be left unchanged. Black was sentenced to serve 18 months in prison to be followed by one year of supervised release on March 3, 2021. One of the most powerful tools a criminal defense lawyer has in a drug trafficking or possession case is the motion to suppress evidence. What is drug trafficking? 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. PSN is an evidence-based program proven to be effective at reducing violent crime. 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. Another defense is that there is no knowledge of the agreement. Well, if its this broad, you wonder, Are there any defenses to it? Because it is very broad under federal law. As announced in a Jan. 11, 2023, multi-agency news conference held at Glynn County Police Department Headquarters [] In Cobb County, bonds for trafficking range from $65,000 up to $125,000. 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. For 2,000 to 10,000 pounds, you can be sentenced to seven to thirty years in prison and a fine of $250,000. Secure .gov websites use HTTPSA lock ( The most strict penalties for trafficking marijuana, on the other hand, are measured in pounds. If the search was done incident to the arrest, the officer must have had a reason to believe that there was evidence in the vehicle relating to the crime for which the driver was arrested. So he had no knowledge of the agreement, and the jury found him not guilty of all charges. An official website of the United States government. 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. Individuals will face the possibility of federal prosecution when found trafficking large quantities of illegal drugs into the Middle District of Georgia., With the arrest of Duffy, the head of the snake was cut off of this major heroin pipeline that ran from Atlanta to Middle Georgia, said Chris Hacker, Special Agent in Charge of FBI Atlanta. Punishment for possessing or distributing Schedule I drugs is the most severe. Two homes alleged to have been involved as locations for drug storage or distribution also are subject to forfeiture proceedings in the indictment. ) or https:// means youve safely connected to the .gov website. They are dangerous and threaten the safety of our communities. 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. 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. What usually happens in a Georgia criminal case? OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. 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. Some legal substances may also lead to a charge of drug trafficking if enough of the substance is found and suspected that it's being used in a way that is . Under the law, there are two types of possession. It is not uncommon for officers to then search the vehicle for contraband. But those are the basic elements and defenses involved in a federal drug conspiracy charge. 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. The heroine has probably the most unforgiving sentencing scheme. For instance, the driver may grant permission for the officer to search the vehicles trunk. It doesnt protect you from what you may have done with that group in the past. Anderson faces a maximum sentence of four years in prison to be followed by three years of supervised release and a $250,000 fine. It is a Schedule I drug, considered the most dangerous with no medicinal value. 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. 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. 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. 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. 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. The only exceptions to this rule are if the home owner gives consent to the search or if exigent circumstances (some immediate emergency requiring swift action) exist. The following co-defendants have previously pleaded guilty for their crimes in federal court and have been sentenced for their crimes: Chad Bresach, 38, of Eatonton, Georgia, pleaded guilty to one count distribution of heroin. 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. There is no requirement that the person actually has to handle any drugs. They dont have a history of it, theres not other evidence to show they were interested in finding out about the drug business. The first obvious defense is that theres no unlawful agreement. If successful, a motion to suppress evidence will usually result in the dismissal of all drug charges well before 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. Probable cause to search an automobile exists when the facts and circumstances would lead a reasonably discreet and prudent man to believe that the contents of the vehicle offend the law. MACON, Ga. - The primary supplier of a heroin distribution ring operating between Atlanta and Macon, which funneled up to 30,000 doses of heroin into the region over a three month span, pleaded guilty to his crime in federal court. If the quantity is greater than 28 grams but less than 200 grams the person shall be sentenced to a mandatory minimum prison sentence of 10 years and pay a fine of $200,000. 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.
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