Does Selling Painkillers Prove You Belong to a Criminal Gang in Georgia?

Georgia prosecutors often pursue multiple criminal charges against individuals suspected of dealing controlled substances. This includes not just illegal street drugs like marijuana and cocaine, but also highly addictive prescription medications such as Percocet, a combination of acetaminophen and oxycodone. In some cases, the state may even argue that buying or selling such drugs makes you a member of a criminal gang.

Georgia Court of Appeals Tosses Wiretap Evidence in Probation Revocation Case

The Georgia Street Gang Terrorism and Prevention Act makes it a crime to participate in “criminal gang activity,” which includes committing–or conspiring with others to commit–another criminal offense with the “intent to further street gang activity.”

Not every crime that may happen to involve a reputed gang member constitutes furthering “street gang activity.” Consider this recent decision from the Georgia Court of Appeals. In Alexander v. State, a trial court revoked a defendant’s probation after finding he committed a number of new offenses, including violating the Georgia Street Gang law. The appellate court, however, reversed that finding after excluding certain evidence obtained by the police.

The defendant in this case previously entered a guilty plea in 2016 to felony cocaine possession. After serving five years in prison, he was released on probation to serve the remainder of a 20-year sentence. Under the terms of his probation, he was barred from using or possessing any illegal drugs or committing any new crimes.

In 2023, the Georgia Department of Community Services moved to revoke probation on a number of grounds. As relevant here, the state argued the defendant conspired with members of a known street gang to traffic in Percocet. At the defendant’s probation revocation hearing, prosecutors introduced into evidence summaries of several phone calls involving the defendant that the police obtained via a long-term wiretap of various individuals reputedly involved with the gang.

As the Court of Appeals explained in its decision, the prosecution failed to follow proper procedures in using these summaries. Accordingly, they should have been excluded as evidence. And without that evidence, the appellate court said the state had no evidence that the defendant “acted in furtherance of a gang activity.”

Furthermore, while the state proved the defendant possessed methamphetamine–which itself was sufficient grounds to revoke probation–it did not prove an additional charge that he “conspired to possess a Schedule II controlled substance with intent to distribute.” On that point, the Court of Appeals said the prosecution offered “no evidence” that the defendant even communicated with anyone else to possess or distribute meth.

Contact Hawkins Spizman Trial Lawyers Today

Drug offenses are one of the most common means that Georgia prosecutors use to send–or return–a person to jail. So if you are facing criminal charges involving a controlled substance, it is imperative you seek out an experienced Atlanta drug crimes lawyer as soon as possible. Contact Hawkins Spizman Trial Lawyers today to schedule a free consultation. We serve clients throughout Georgia including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek and Sandy Springs.

Source:

scholar.google.com/scholar_case?case=10681493233640119531