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What is drug trafficking? Drug trafficking is a serious criminal charge based on certain quantities of illegal drugs. Trafficking generally includes allegations that an individual possesses, sells, distributes or manufactures a large amount of illegal drugs. 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. 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. What usually happens in a Georgia criminal case? Want to know how we win appeals in Georgia criminal cases? Watch this video. We have successfully represented clients in serious criminal cases across the United States. Our firm has offices in Atlanta GA and Brunswick GA , and we frequently travel to other courts across the state to represent people in serious criminal cases. 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. So I thought it might be helpful to talk about the basics. What is a drug conspiracy? In order to convict somebody in federal court of a drug conspiracy charge, the government has to prove two elements. The first element is that there is an agreement to violate the drug laws, and that sounds pretty simple. And it is. The government does not have to show that there is some sort of formal agreement, or contract, or anything like that. That can be importing drugs, it can be distributing drugs, it can be possessing drugs with the intent to distribute. It can be manufacturing drugs. 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. If the government can prove both of these things then they can charge someone with a drug conspiracy. The government does not have to show that a person actually sold drugs. They can make a few phone calls and be part of a drug conspiracy. There is no requirement that the person actually has to handle any drugs. A good example of that is a case I handled just last year representing a doctor who worked at a pain clinic. Now he ran a medical practice and he prescribed pain medication, opioid pain medication, to a number of different patients for chronic pain. He was simply prescribing medicine for his patients, and he was acting within the legitimate medical practice and what his license allowed. So there was no unlawful agreement. Obviously there was an agreement. Another defense is that there is no knowledge of the agreement. Great example of this defense is a case I tried here in Atlanta a couple of years ago. I represented a pilot who had a charter airline service. He had been flying two folks from the Mexican border to Atlanta back and forth many times. 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. And then when they would distribute it in Atlanta, they would load it back up with cash, take it back to the Mexican border. Clearly those individuals were part of a drug conspiracy. 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. So he had no knowledge of the agreement, and the jury found him not guilty of all charges. Another defense, which is also a little complicated and difficult to use, is that the person withdrew from the conspiracy. At some point he knew about the plan, he agreed to get involved, and he helped out. And even if you do that, it only protects you going forward. The entrapment defense. We get a lot of questions about the entrapment defense. Will it apply in my case? They tried to sell me drugs. They tried to get me involved in this conspiracy. In entrapment, you basically have to show two things. Number one, the person was not predisposed at being involved in a drug conspiracy. 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. They kept on after the person. Perhaps they made a call and suggested a drug deal, and he turned them down but they came back again. Finally, challenging an unlawful search or a wiretap. 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. And then once the government realized that, they dismissed the case. Again, a federal judge threw out those wiretaps and we were able to resolve the case. These are some defenses. There are others, it all depends on the specific facts of the case. But those are the basic elements and defenses involved in a federal drug conspiracy charge. If you or someone you know is facing a charge like this, I hope this has answered some of your questions. But if you have other questions, feel free to give us a call. Under Georgia law, it is illegal to possess, manufacture, deliver, distribute or possess with intent to distribute any controlled substance O. A controlled substance is a drug, an immediate precursor or essential compound used to make a drug, or marijuana. The penalty for violating this statute depends on the type, the schedule the drug falls under, and amount of the drug. Furthermore, for larger quantities of certain types of drugs, a person may also be charged with drug trafficking O. Some are truly illegal like heroin and some are legal with a valid prescription from a doctor. Punishment for possessing or distributing Schedule I drugs is the most severe. The most common drugs in each schedule are as follows:. It is also illegal to manufacture, deliver, distribute, sell, or possess with intent to distribute any controlled substance with limited exceptions. The terms possess, purchase, and deliver all have their ordinary every day meaning. 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. 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. 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 years if less than 1 gram , years if more than 1 gram but less than 4 grams , or for years if more than 4 grams but less than 28 grams. However, if the possession is grams or more of opium, heroin, morphine, or several other substances under Schedules I and II, the punishment is much more severe. A person who purchases or possesses a non-narcotic Schedule II drug can be punished by imprisonment for years if less than 2 grams , years if more than 2 grams but less than 4 grams , or for years if more than 4 grams but less than 28 grams. If convicted of a second or subsequent offense, he may be imprisoned for 10 to 40 years. The punishment for trafficking or distributing drugs in any of these schedules is 1 to 10 years imprisonment. With respect to marijuana, it is illegal for a person to possess, have under their control, deliver, distribute, dispense, or possess with intent to distribute marijuana. As a general matter, possession of less than 1 ounce of marijuana is a misdemeanor O. Possession of more than 1 ounce is a felony punishable by 1 to 10 years imprisonment. However, under O. 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. First, the District Attorney can file a motion asking the sentencing court to reduce or suspend a sentence if the defendant provides substantial assistance in the identification, arrest, or conviction of any other individuals involved in the drug operation. 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. Third, the sentencing court may depart where the District Attorney and the defendant have agreed to a sentence that is below a mandatory minimum sentence. There are several viable defenses available to a person charged with drug possession. 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. Because this analysis is subject to change depending upon recent cases and legal developments, you should not rely on this summary as legal advice. As with any important legal question, you should always consult a Georgia criminal defense lawyer licensed to practice in your jurisdiction. Our lawyers are licensed to practice in all state and federal courts in Georgia. Look no further then Page Pate and Jess Johnson if you want the best trial lawyers to represent you! Their dedication and complete commitment to their client is beyond reproach. 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. They will walk you through each legal process, demonstrating professionalism while being aggressive advocates for you. This was a difficult case but 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. If you need the best, then hire the best! Call us or complete the form below. We will contact you as soon as possible if we are able to help. All rights reserved. Disclaimer Sitemap. Atlanta GA. View Transcript. Drug Trafficking Charges and Penalties in Georgia Under Georgia law, it is illegal to possess, manufacture, deliver, distribute or possess with intent to distribute any controlled substance O. What are Drug Possession and Trafficking Charges? The most common drugs in each schedule are as follows: Schedule I C. There are hundreds of substances and chemical compounds listed in Schedule I. Schedule II C. Schedule II contains drugs classified as narcotics and non-narcotics. Common examples of non-narcotics are amphetamines Dexedrine, Adderall , methamphetamine, and Ritalin. Examples of Schedule II narcotic drugs are hydromorphone Dilaudid , methadone Dolophine , meperidine Demerol , oxycodone OxyContin, Percocet , and fentanyl Sublimaze, Duragesic , morphine, opium, codeine, and hydrocodone. Schedule III C. Common examples are Tylenol with codeine, ketamine, some anabolic steroids, Suboxone, and testosterone. Schedule IV C. Schedule V C. Some common examples are Lomotil, Lyrica, Motofen, and Parapectolin. Defenses Against Drug Possession and Trafficking Charges There are several viable defenses available to a person charged with drug possession. A few common defenses include: Another person had equal access to the drugs. This defense often arises in the automobile context. A person may raise this defense if he can prove that others had equal access to the vehicle where drugs were found or the vehicle had recently been used by others. A person had a lawful prescription for the drugs. This would only apply to those controlled substances that can lawfully be prescribed by a doctor. If it can be proven that the accused had a valid prescription and the prescription was written for and filled by the person in possession of the prescription, the accused has a viable defense. The accused was simply present at the time of a drug transaction but did not participate. There is a general rule that merely being present at the scene of a crime is not enough to establish a person actually participated in a crime. Where a person did not assist in obtaining drugs, set up a meeting to exchange drugs, or have knowledge that the purpose of the meeting was a drug transaction, he may be able to defend against drug charges by asserting he was merely present, not involved in the illegal activity. Kathy D. Drug Trafficking Cases and News January 26, Click HERE to watch the argument…. Read More. May 27, Page Pate explains what happens in a federal criminal case Attorney Page Pate explains what happe…. May 17, April 15, Accountability courts and pretrial diversion allow some people that have been charged with a fede…. March 22, August 18, Since the First Step Act of became law, thousands of federal inmates have been released earl…. Confidential Case Evaluation. 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Georgia buying coke

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Georgia buying coke