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. As a general matter, possession of less than 1 ounce of marijuana is a misdemeanor (O.C.G.A. Kathy Black, 40, of Macon, pleaded guilty to one count use of a communication facility to facilitate a drug trafficking offense. PATRICK JOHNSON, 27, of Chicago, is charged with one count of murder in aid of racketeering. Clearly those individuals were part of a drug conspiracy. As the source of the operation, Duffy fueled an epidemic and wreaked havoc in many communities. 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. 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. The Supreme Court has carved out an exception to the warrant requirement known as the automobile exception. 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. On February 22, 2019, pursuant to a valid federal search warrant, law enforcement searched Duffys narcotics sales location at his Sandy Springs home. 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. You can also be charged with trafficking if you bring a large enough amount of a controlled substance from another country or state. There is no parole in the federal system. WAYCROSS, Ga. (WALB) - 76 drug traffickers were named in Operation Ghost Busted, the largest drug trafficking investigation in the Southern District of Georgia, on Jan. 11. Jackson faces a maximum 20 years in prison to be followed by at least three years of supervised release and a $1,000,000 fine; and. 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.. 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. 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. Share sensitive information only on official, secure websites. They are dangerous and threaten the safety of our communities. Contact The Waltman Firm to schedule a consultation today! Columbus: 706-649-7700. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Serving clients across the United States The 118-count, 133-page indictment charges the 76 suspects with involvement in a drug trafficking conspiracy that distributed large amounts of methamphetamine, fentanyl, heroin and alprazolam in . To meet this burden, the State usually calls the arresting or searching officer to testify about the facts that gave rise to the search. 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. 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. They are dangerous and threaten the safety of our communities, said Vic Reynolds, Director of the GBI. 16-13-30 left off. 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. We will contact you as soon as possible if we are able to help. If a defendant fails to file a motion to suppress evidence within this timeframe, he or she may waive the right to challenge the lawfulness of the search that led to the discovery of the contraband. PSN is an evidence-based program proven to be effective at reducing violent crime. The first element is that there is an agreement to violate the drug laws, and that sounds pretty simple. 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. Marietta Office Suites 55 Atlanta St. 16-13-31.1 criminalize the sale, manufacturing, delivery, or transportation into the state of controlled substances. Their dedication and complete commitment to their client is beyond reproach. There is no requirement that the person actually has to handle any drugs. As a general rule, probable cause is determined by the totality of the circumstances. Heroin, morphine, and opium, however, can be harshly penalized for a mere four grams. There is no parole in the federal system. 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. And so, while he actually helped them commit the offense, he wasnt aware of the unlawful plan,. Georgia Drug Trafficking Charges O.C.G.A. 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. 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. 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. Because there is a larger amount of drugs involved in a trafficking case, drug trafficking charges can carry serious mandatory minimum prison sentences that usually increase with the quantity of the drugs. Marshals Service, and prosecuted for the United States by Southern District of Georgia Assistant U.S. It is not uncommon for officers to then search the vehicle for contraband. 16-13-31(e), Trafficking morphine, opium,or heroin: O.C.G.A. All rights reserved. Trafficking generally includes allegations that an individual possesses, sells, distributes or manufactures a large amount of illegal drugs. The stop cannot be arbitrary or harassing. If you have been charged with a serious drug offense in Atlanta, or anywhere else in Georgia, it is imperative that you retain an aggressive Atlanta criminal defense attorney experienced in filing and arguing motions to suppress evidence. An official website of the United States government. Jackson pled guilty to Conspiracy to Possess with Intent to Distribute More Than 5 Grams of Methamphetamine, and Quantities of Marijuana and Cocaine. And then when they would distribute it in Atlanta, they would load it back up with cash, take it back to the Mexican border. It is also illegal to manufacture, deliver, distribute, sell, or possess with intent to distribute any controlled substance (with limited exceptions). It will serve as a multi-jurisdictional drug enforcement agency controlled by Georgia Bureau of Investigation. 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. On Saturday, January 14, a Columbus officer attempted to initiate a traffic stop in the area of Beacon . "Today, the Justice Department has taken several significant enforcement actions to disrupt large-scale illegal gun and drug . The amount of cocaine chosen as the dividing line between possession and trafficking is 28 grams. A criminal defense lawyer may also challenge the lawfulness of the traffic stop itself. 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. Discovery usually consists of police reports, drug lab reports, search warrants, arrest warrants, witness statements, and any video or audio recordings. So, even if an individual doesnt have drugs on them, they can still face drug crime charges. ) or https:// means youve safely connected to the .gov website. Toussaint is among seven defendants awaiting sentencing, while three defendants are awaiting trial. If successful, a motion to suppress evidence will usually result in the dismissal of all drug charges well before trial. Secure .gov websites use HTTPSA lock ( 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. All rights reserved. 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. 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.) Under the law, there are two types of possession. 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. Because of this, many counties have special units dedicated to stopping drug trafficking on the roadways. 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. By removing the most serious charges, you may be able to avoid the harshest sentences. 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. Georgia drug trafficking laws regulate the manufacture, distribution, delivery, and sale of controlled substances. Weve been able to throw out two cases based on improper wiretaps. If, for example, law enforcement detained a driver accused of speeding for an hour simply to wait on the arrival of a drug sniffing dog, the court would likely find such prolonged detention to be unlawful. The U.S. Attorneys Office for the Middle District of Georgia is recused from the case, which is being prosecuted by the Southern District. A person, if convicted, who purchases or possesses either a Schedule I or narcotic Schedule II drug is guilty of a felony and may be punished by imprisonment for 1-3 years (if less than 1 gram), 1-8 years (if more than 1 gram but less than 4 grams), or for 1-15 years (if more than 4 grams but less than 28 grams). One defendant, Torey Johnny Lee Washington, a/k/a Fool, 40, of Vidalia, is a fugitive. So there was no unlawful agreement. Se Habla Espaol, 101 Marietta Street NWSuite 3300Atlanta, GA 30303(404) 223-3310, 2022 by The Church Law Firm LLC. Post Office Box 1702 An official website of the United States government. So I thought it might be helpful to talk about the basics. 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. 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. Drug trafficking is a serious criminal charge based on certain quantities of illegal drugs. BEST IN TOWN! According to Georgia law, selling drugs or trafficking a controlled substance can result in expensive drug charges that require substantial assistance. 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. 16-13-31). Under Georgia law O.C.G.A. If the government can prove both of these things then they can charge someone with a drug conspiracy. Another high-profile case also involving Georgia took place in 2014. And even if you do that, it only protects you going forward. They dont have to show that a person even had drugs. I didnt go after them. Great example of this defense is a case I tried here in Atlanta a couple of years ago. They didnt seal the recordings like they were supposed to. 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