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Anyone Practice Law in GA, Question About Sentencing for the Following Charges

Posted on 2/12/18 at 3:38 pm
Posted by NYCAuburn
TD Platinum Membership/SECr Sheriff
Member since Feb 2011
57015 posts
Posted on 2/12/18 at 3:38 pm
Someone that is acquainted with a family member was arrested back in October, he is still in jail. We are trying to figure out how long they might end up in jail. The longer the better IMO. I asked this on another board a while ago, but we didnt have any of the charges and some more info at the time

Stuff we know or have heard.
Original warrant wasnt for pot. We think its related to the cocaine charges below.
We believe he sold to someone who came in with a wire and purchased coke. Pot is his main business
2 police departments were involved in raid.
they searched his house and found 40 lbs of pot, very large amount of edibles, Shatter/wax/dabs , pills(oxycondone and guessing adderall), "cocaine instruments", 3 AR15s and two handguns, 64k in cash, plus other luxury items
Think the amphetamine charge might be adderall, for someone in household
There was a 5 y/o living in house
One of the Police officers was fired for picking up $4k during the search and disappearing for 25 minutes in a bathroom while others were looking for cash
no priors that we are aware of
Still in jail after 5 months

1. SALE OF COCAINE 16-13-30(b) Felony
2. SALE OF COCAINE 16-13-30(b) Felony
3. TRAFFICKING IN MARIJUANA 16-13-31 Felony
4. POSSESSION OF MARIJUANA WITH INTENT TO DISTRIBUTE 16-13-30(j) Felony
5. POSSESSION OF THC WITH INTENT TO DISTRIBUTE 16-13-30(b) Felony
6. POSSESSION OF AMPHETAMINE 16-13-30(a) Felony
7. POSSESSION OF A FIREARM DURING THE COMMISSION OF A FELONY 16-11-106 Serious Felony
8. POSSESSION OF A FIREARM DURING THE COMMISSION OF A FELONY 16-11-106 Serious Felony
9. POSSESSION OF A FIREARM DURING THE COMMISSION OF A FELONY 16-11-106 Serious Felony
10. POSSESSION OF DRUG RELATED OBJECTS 16-13-32.2 Misdemeanor
11. POSSESSION OF A SCHEDULE II CONTROLLED SUBSTANCE 16-13-30(a) Felony
12. POSSESSION OF A SCHEDULE II CONTROLLED SUBSTANCE 16-13-30(a) Felony

DISPOSITIONS
12/14/2017
Disposition
12. POSSESSION OF A SCHEDULE II CONTROLLED SUBSTANCE
Dismissed
11. POSSESSION OF A SCHEDULE II CONTROLLED SUBSTANCE
Dismissed

OTHER EVENTS AND HEARINGS
10/06/2017 Waiver of Appointed Counsel
10/12/2017 Entry of Appearance
10/12/2017 Notice of Defs Election to Proceed Under OCGA 17-16-1
10/17/2017 State's Demand for Discovery
10/17/2017 Waiver of Appointed Counsel
10/19/2017 Rule Nisi
10/25/2017 Entry of Appearance
10/25/2017 Notice of Defs Election to Proceed Under OCGA 17-16-1
10/25/2017 State Bar of Georgia Rule 3.8
10/26/2017 Motion Hearing (9:00 AM) (Judicial Officer Dickinson, David L.)
10/26/2017 Order for Continuance / Extend Time
11/07/2017 State's Demand for Discovery
11/15/2017 Motion for Bond
11/16/2017 Motion Hearing (9:00 AM) (Judicial Officer Dickinson, David L.)
11/20/2017 Order Denying Motion
12/11/2017 Indictment
12/12/2017 Magistrate Form
12/12/2017 Criminal Arrest Warrant
12/12/2017 First Appearance Hearing Order
12/12/2017 Special Conditions of Bond
12/14/2017 Dismissal
12/21/2017 Notice of Arraignment
01/10/2018 Arraignment (8:30 AM) ()
01/10/2018 Notice of Hearing
01/10/2018 Plea Not Guilty
01/16/2018 Motion to Suppress
01/24/2018 Motion (No Specific Code Available)
01/25/2018 Rule Nisi


Bonus spin off for from the asset forfeiture thread, one of the TVs is the family members purchased years before acquainted with dealer

Defendant $63,440.00 in US Currency

Defendant 1 pair Gucci shoes in box

Defendant 1 Plastic Bucket

Defendant 1 Yeti Cooler

Defendant 2 Louis Vuitton Bags

Defendant 3 AR-15 Magazines, No Serial Numbers

Defendant 4 Adidas Duffel Bags

Defendant 6 Pelican Storage Boxes

Defendant Asus Monitor, SN H1LMQS111949

Defendant Cassida Money Counter SN UM 56913

Defendant Gamer Storm CPU Tower SN 160912-3

Defendant Panasonic TV SN MF92801038

Defendant Rolex watch in green box

Defendant Ruger SR556 AR-15 with Scope, SN 591-27258

Defendant Samsung Television SN 03k43CEH100016B

Defendant Smith & Wesson AR-15 with Truglo Scope and Case SN SV8128

Defendant Smith & Wesson M&P Shield .40 Caliber Handgun with 3 Magazines SN HPJ4840

Defendant Smith & Wesson MP AR-15 SN 58227

Defendant Springfield 9MM Handgun Sn 35686

Posted by boosiebadazz
Member since Feb 2008
86416 posts
Posted on 2/12/18 at 3:40 pm to
quote:

One of the Police officers was fired for picking up $4k during the search and disappearing for 25 minutes in a bathroom while others were looking for cash


Interesting curveball.
Posted by Cosmo
glassman's guest house
Member since Oct 2003
132685 posts
Posted on 2/12/18 at 3:41 pm to
Yeti cooler?

Sounds like a good ole baw
Posted by Fe_Mike
Member since Jul 2015
3885 posts
Posted on 2/12/18 at 3:42 pm to
quote:

Defendant 1 Plastic Bucket


Did this really need its own line item?
Posted by bbvdd
Memphis, TN
Member since Jun 2009
29037 posts
Posted on 2/12/18 at 3:42 pm to
quote:

3 AR15s and two handguns,


I'm not a lawyer but I believe this is a federal crime. Having guns during a crime

quote:

There was a 5 y/o living in house


Really bad.

He's going to jail for a while would be my guess.
Posted by IAmNERD
Member since May 2017
24512 posts
Posted on 2/12/18 at 3:43 pm to
Im no lawyer, but I think posession of drugs and firearms is federal mandatory 10 yrs.
Posted by Agforlife
Somewhere in the Brazos Valley
Member since Nov 2012
20102 posts
Posted on 2/12/18 at 3:44 pm to
Probably a dime at minimum and could be looking at 20 or better depending on past criminal history. Then again you never know, with a good mouthpiece he could get probation.
Posted by NYCAuburn
TD Platinum Membership/SECr Sheriff
Member since Feb 2011
57015 posts
Posted on 2/12/18 at 3:49 pm to
quote:

Yeti cooler?

Sounds like a good ole baw


Purchased for girlfriend because they were jealous I had one. Serious
Posted by NYCAuburn
TD Platinum Membership/SECr Sheriff
Member since Feb 2011
57015 posts
Posted on 2/12/18 at 3:50 pm to
quote:

Defendant 1 Plastic Bucket


Did this really need its own line item?


They list everything. I believe they had some dope hidden in it. Cash was in the addidas duffel
Posted by biglego
San Francisco
Member since Nov 2007
85575 posts
Posted on 2/12/18 at 3:50 pm to
quote:

One of the Police officers was fired for picking up $4k during the search and disappearing for 25 minutes in a bathroom while others were looking for cash

Whoa. This makes things interesting.

He’ll probably work a plea for ten years, is my guess.
Posted by NYCAuburn
TD Platinum Membership/SECr Sheriff
Member since Feb 2011
57015 posts
Posted on 2/12/18 at 3:56 pm to
quote:

One of the Police officers was fired for picking up $4k during the search and disappearing for 25 minutes in a bathroom while others were looking for cash



quote:

Interesting curveball.


it was, and the firing came right before this 01/16/2018 Motion to Suppress .

Basically Officer A found cash, took photo and left it for the evidence team. Officer B later finds cash in drawer and did not know of A discovery. B goes into bathroom to "relieve himself". While in bathroom A goes back and finds cash missing. for 25 minutes officers are yelling throughout the house looking for cash. B comes out of bathroom and states he had and placed cash and his service gun on ground while using bathroom. Also while in their he noticed something suspicious. Clothing had been shoved in back of tank of toilet. Again, unknown to officer B, someone already cleared bathroom and toilet tank(there was no clothing in their prior)
Posted by boosiebadazz
Member since Feb 2008
86416 posts
Posted on 2/12/18 at 3:59 pm to
So has B been charged?
Posted by NYCAuburn
TD Platinum Membership/SECr Sheriff
Member since Feb 2011
57015 posts
Posted on 2/12/18 at 4:01 pm to
quote:

So has B been charged?


cleared of criminal charges but fired for grossly mishandled evidence
Posted by el Gaucho
He/They
Member since Dec 2010
60184 posts
Posted on 2/12/18 at 4:02 pm to
That's probably one of those fancy yeti buckets
Posted by idlewatcher
Planet Arium
Member since Jan 2012
98791 posts
Posted on 2/12/18 at 4:03 pm to
quote:

One of the Police officers was fired for picking up $4k during the search and disappearing for 25 minutes in a bathroom while others were looking for cash


This could very well work in his favor.

quote:

There was a 5 y/o living in house


Nevermind, hope he rots.
Posted by NYCAuburn
TD Platinum Membership/SECr Sheriff
Member since Feb 2011
57015 posts
Posted on 2/12/18 at 4:05 pm to
quote:

There was a 5 y/o living in house


Nevermind, hope he rots.


Had THC gummies, about 500 packages, right next to child's snacks
Posted by biglego
San Francisco
Member since Nov 2007
85575 posts
Posted on 2/12/18 at 4:20 pm to
quote:

was, and the firing came right before this 01/16/2018 Motion to Suppress .

What was the result of the Suppress motion?
Posted by NYCAuburn
TD Platinum Membership/SECr Sheriff
Member since Feb 2011
57015 posts
Posted on 2/12/18 at 4:27 pm to
Only results we know are in timeline in op
Posted by KosmoCramer
Member since Dec 2007
80761 posts
Posted on 2/12/18 at 4:32 pm to
Those guns are going to be a major problem.
Posted by MoarKilometers
Member since Apr 2015
21427 posts
Posted on 2/12/18 at 4:37 pm to
quote:

Im no lawyer, but I think posession of drugs and firearms is federal mandatory 10 yrs.

You'd be incorrect af.
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