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. A .gov website belongs to an official government organization in the United States. Lock Black was sentenced to serve 18 months in prison to be followed by one year of supervised release on March 3, 2021. Even when a driver consents to his vehicle being searched, it may be possible to challenge the lawfulness of the search. 2022 by The Church Law Firm LLC. BEST IN TOWN! In other words, marijuana smoke billowing from the window will give law enforcement probable to cause to search. Their dedication and complete commitment to their client is beyond reproach. 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. On Friday, December 2, 2022, the GBI SWRDEO, Pelham Police Department, and the Thomas County Sheriff's Office executed three search warrants in Pelham, Mitchell County, GA. 264 E. Railroad Street, Pelham, GA, a car wash business owned and operated by Williams. For any offense after that, you can expect to receive between 10 and 40 years to life in prison. Post Office Box 1702 ) or https:// means youve safely connected to the .gov website. ) or https:// means youve safely connected to the .gov website. Individuals pulled over in their automobiles during a traffic stop do not enjoy the same level of protection and privacy. Now notice whats missing here. A good example of that is a case I handled just last year representing a doctor who worked at a pain clinic. Obviously there was an agreement. 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 Again, a federal judge threw out those wiretaps and we were able to resolve the case. 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. According to Georgia law, selling drugs or trafficking a controlled substance can result in expensive drug charges that require substantial assistance. 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. 2.79 tons of liquid heroin from a lorry that entered Georgia from Azerbaijan. Watch thisvideo. The following co-defendants have previously pleaded guilty for their crimes in federal court and are awaiting sentencing: Terrance Jackson, 43, of Macon, pleaded guilty to one count conspiracy to possess with intent to distribute heroin. Attorneys Noah J . 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. 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. 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. 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. As a general rule, probable cause is determined by the totality of the circumstances. Understanding whats going on, they say, Hey, I wanna be a part of this. Now thats it, just those two elements. The entrapment defense. What is drug trafficking? Trafficking generally includes allegations that an individual possesses, sells, distributes or manufactures a large amount of illegal drugs. 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. To avoid accidentally committing a crime, it is wise to learn as much as you can about the drug trafficking laws in Georgia. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. 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. When trying to obtain a search warrant, law enforcement must prepare a supporting affidavit setting forth all relevant facts. 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. Operation Ace in the Hole, whose name was derived from Adams alias, was an Organized Crime Drug Enforcement Task Force (OCDETF) investigation initiated in August 2018 in response to increasing levels of gang violence and drug-related activities in the Vidalia area. Columbus: 706-649-7700. 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. Well, if its this broad, you wonder, Are there any defenses to it? Because it is very broad under federal law. . In many consent cases, an officer will exceed 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. As with any important legal question, you should always consult aGeorgia criminal defense lawyerlicensed to practice in your jurisdiction. PATRICK JOHNSON, 27, of Chicago, is charged with one count of murder in aid of racketeering. We will contact you as soon as possible if we are able to help. The State generally has the burden of convincing the court that the drugs were the product of a lawful 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. The drugs were hidden in such items as childrens backpacks and baby-formula bottles. One of the most powerful tools a criminal defense lawyer has in a drug trafficking or possession case is the motion to suppress evidence. If the government can prove both of these things then they can charge someone with a drug conspiracy. Drug trafficking charges in Georgia are based on accusations that a person possesses, sells, distributes or produces a large number of illegal drugs. An official website of the United States government. 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. There is no parole in the federal system. 16-13-2). We represent clients in Atlanta and throughout the state of Georgia. Consequently, if the officer conducting the traffic stop cannot adequately articulate why a driver was committing or had committed a traffic offense or a crime, the traffic stop is considered to be unlawful. One way this may occur is when law enforcement exceeds the scope of the search warrant. 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. Drug trafficking charges in Georgia are a felony. A criminal defense lawyer will have the opportunity to cross-examine the arresting or searching officer, call any witnesses of his own, and tender evidence into the record for the courts consideration. Columbus: 706-649-7700. Under the law, there are two types of possession. 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.. After reviewing the discovery, a criminal defense attorney will decide whether to challenge the search by demanding that the court hold a hearing to determine the admissibility of the drugs. 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. 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. Our lawyers are licensed to practice in all state and federal courts in Georgia. A traffic stop is only lawful where the officer had reasonable grounds based on specific and articulable facts for making the stop. They are dangerous and threaten the safety of our communities, said Vic Reynolds, Director of the GBI. But if you have other questions, feel free to give us a call.. By Page Pate. He had been flying two folks from the Mexican border to Atlanta back and forth many times. Help locate the three that are still wanted . The State may also introduce the search warrant into evidence along with any other evidence it deems to be relevant. For example, for cocaine, as little as 28 grams or a mixture that is at least ten percent cocaine can result in serious consequences. To meet this burden, the State usually calls the arresting or searching officer to testify about the facts that gave rise to the search. By removing the most serious charges, you may be able to avoid the harshest sentences. So its lack of predisposition, and its that second thing, the government conduct. An individuals home receives greater protection under our Constitution than automobiles. 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. For instance, the driver may grant permission for the officer to search the vehicles trunk. Duffy faces a maximum 20 years in prison to be followed by at least three years of supervised release and a $1,000,000 fine. Anderson faces a maximum sentence of four years in prison to be followed by three years of supervised release and a $250,000 fine. If you are convicted of trafficking 28 grams or more, you face a sentence of 25 to 30 years and a $500,000 fine. In entrapment, you basically have to show two things. 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). The government does not have to show that there is some sort of formal agreement, or contract, or anything like that. 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. These are some defenses. Punishment for possessing or distributing Schedule I drugs is the most severe. POMEROY The Meigs County Sheriff's Department made two arrests in regards to the trafficking of illegal narcotics Sunday evening. If a hearing is requested, the court will set the hearing down to be heard on a specific date. They dont have a history of it, theres not other evidence to show they were interested in finding out about the drug business. Including Adams, Jackson, and Toussaint, 22 of the 26 defendants have entered guilty pleas; 12 of them have been sentenced, with terms of up to 141 months in prison. We get a lot of questions about the entrapment defense. Nathaniel Ripley, 41, was sentenced Wednesday, Jan. 4, by . 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. So when they go to trial, if they dont prove exactly whats in that indictment, then the jury cannot find the person guilty. Michael Duffy, 43, of Sandy Springs, Georgia, pleaded guilty to one count conspiracy to possess with intent to distribute heroin on Thursday, May 20. Due to the superb work of Page and Jess, the charges were dropped. We will forever be grateful to them for all their hard work, compassion and dedication. Assistant U.S. Attorney Alex Kalim is prosecuting the case. We have successfully represented clients in serious criminal cases across the United States. For example, if your charge of trafficking can be negotiated to a charge of drug possession, it may drop from a felony to a misdemeanor. Drug trafficking is a significant problem in Georgia because it is one of the top five states for illegal drug use. For 200 to 400 grams, the sentence is 15 to 30 years with a fine of $300,000. In these cases, the judge has limited discretion in imposing a sentence and often cant sentence you to a lesser penalty than the mandatory minimum if you are convicted, despite the circumstances of the crime. PSN is an evidence-based program proven to be effective at reducing violent crime. According to the ministry, at the time, that was the largest amount of drugs seized in Georgia. 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. 16-13-30 left off. This field is for validation purposes and should be left unchanged. You can also be charged with trafficking if you bring a large enough amount of a controlled substance from another country or state. A search warrant must also particularly describe the place to be searched and the person or things to be seized. A locked padlock 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. Have a question about Government Services? All rights reserved. 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. Under Georgia law, there are five different schedules or groups of types of drugs. If successful, a motion to suppress evidence will usually result in the dismissal of all drug charges well before trial. Its just a general understanding or plan between two or more people to do something that violates the federal drug laws. . The Justice Department announced the arrest of more than 110 people on gun and drug charges in three states. Lock For the first offense of Schedule I and Schedule II, which are considered the most dangerous drugs, you face between five and 30 years in prison, depending on the substance involved. Official websites use .govA .gov website belongs to an official government organization in the United States. Obtaining legal advice regarding the most current illegal drugs law can potentially save you money and trouble. Kathy Black, 40, of Macon, pleaded guilty to one count use of a communication facility to facilitate a drug trafficking offense. Case Update: Five of the eight individuals wanted by the #FBI for drug trafficking conspiracy in Georgia are in custody. 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. 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. Initial appearances for the defendants occurred today before U.S. Magistrate Judge Charles H. Weigle. Investigators also seized 39 illegally possessed firearms, ranging from pistols and shotguns to assault-style rifles. Extra to the new charges against these suspected child rapists who frequently hashtagged their social media posts #gayfamily," there are now indications they may have trafficked the young boys to fellow pedophiles. August 2010 - Atlanta man, Marlon . 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. A lock ( 16-13-31(a), Trafficking marijuana: O.C.G.A. 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. This affidavit is then submitted to the judge for his or her consideration. However, if you are convicted of trafficking between 4 and 14 grams of heroin, morphine, and opium, the sentence is five to thirty years in prison with an associated fine of $50,000. If you or someone you know is facing a charge like this, I hope this has answered some of your questions. Sometimes theyll say they had consent to search, the person agreed to it, but they really didnt. Secure .gov websites use HTTPSA lock ( As the source of the operation, Duffy fueled an epidemic and wreaked havoc in many communities. 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. These issues are absent in most drug trafficking cases. Secure .gov websites use HTTPS Complete commitment to their client is beyond reproach say they had consent to search, the driver grant! Is when law enforcement exceeds the scope of the search a motion suppress! 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