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Why handling a Trafficking Drugs case depends on the amount of drugs

| Jul 30, 2020 | Firm News |

Trafficking in drugs is a serious crime and is not handled lightly by prosecutors anywhere. The statutes that govern drug trafficking are specific on punishment as to length of jail time and fines. The implications of the charges don’t seem like a big deal until people are charged with them. Take for instance the recent case involving 50 Kilograms of Methamphetamine, 500 grams of heroine, 20 weapons and $70,000.00 in cash.
According to Fox 5 News, a major bust involving the above was done after a year long investigation in Forsyth County. Over 48 people were arrested and the trafficking was for most of North East Georgia including Fulton County, DeKalb County, Barrow County, Gwinnett County, Walton County and various other counties.
The Drug trafficking charges, in this case, are covered by O.C.G.A. 16-13-31. This particular statute takes into consideration the amount or weight of the drug involved. It is a statutory guide as to sentencing guidelines. For instance, in this case with 50 Kilograms of Methamphetamine, carries a minimum of 25 years in jail and a one million dollar fine.
The Drug trafficking charges covering the Heroine in this case are covered by the same statute O.C.G.A. 16-13-31. Again this particular statute takes into consideration the amount or weight of the drug involved. It is a statutory guide as to sentencing guidelines. For instance, in this case with 500 grams of Heroin, carries a minimum of 25 years in jail and a Five Hundred Thousand dollar fine.
There are other charges that each person can face which include possession of a weapon during commission of a crime which is covered under O.C.G.A. 16-11-106.
More importantly each person may be charged under the RICO statute as well. The Racketeering Influenced Crime Organization statute seeks to prosecute individuals who act in concert together to accomplish a crime. That statute is Chapter 14 under title 16 of the Georgia Code.
Additionally the cash that was seized under this arrest is also subject to a forfeiture action by the arresting agency. There are certain protocols and procedures that must be followed in order for this cash to be seized and additionally there are also ways to prove that the cash should not be seized as well. This isn’t criminal in nature but is a civil action separate from the criminal accusations and indictments.
Of course there are facts to every case where defenses can be raised for anyone charged with the crimes of Trafficking, distribution, possession or purchase of controlled substances including Meth, Heroine, Marijuana Cocaine and other charges. Each situation is different from the other and requires a evaluation of all the information in order to properly mount a defense and a effective negotiation with the prosecutors office.