SUPERIOR COURT
A defense attorney’s argument that her client’s drug issues were a ‘victimless crime’ did not go over well with the Chief Superior Court Judge for the Ocmulgee Circuit during a recent motion day.
The defendant in the case was one of 103 defendants arrested in the 2021 take down led by the Jones County Sheriff’s Office of a drug ring operating in the state. The arrest was her first offense, and she was allowed to plead guilty to the lesser-included offense of use of a communications device, for which she was sentenced to three years on probation.
She was in court Sept. 14 facing a violation of that probation that included three positive drug tests, non-payment of fees and fines and not attending court-ordered treatment.
The state recommended 90 days in a state probation detention center.
The defendant stipulated to the violations but did not agree with the sentencing. Her attorney was asking for time served.
The attorney started her argument by stating the defendant’s fees and fines had been paid. The defendant’s parents were in the courtroom and confirmed that they had paid all the fines and fees in full. They had the receipts to prove it.
The attorney went on to say that her client had not gotten into any trouble until she was 40, and that was for using a phone to buy drugs.
“She has struggled with drugs, but she has not harmed anyone,” the speaker said.
The attorney went on to say the defendant was helping take care of her grandchildren, and that has helped keep her sober.
“She used drugs but did not hurt another person. Her life is back on track, and she has already been in jail for 90 days,” the speaker said. “It’s a victimless crime, and those 90 days were a wakeup call.”
The defense raised questions about the timing of the probation violation warrants and the defendant’s arrest. Superior Court Judge Brenda Trammell asked to see those documents, which turned out to have been issued correctly. The delay in the defendant’s arrest appeared to be due to the probation being transferred to another jurisdiction.
Trammell is a judge in the drug court in the Ocmulgee Circuit and is familiar with those struggling with drug addiction. To put it mildly, she does not see drug addiction as a victimless crime.
The judge’s first comment was about those serving their sentence on probation.
“Probation is a privilege. If you don’t live up to it, you are put in jail,” she stated.
Trammell objected to the referral of illegal drugs being a victimless crime.
“Ask your family. You have an impact on everyone you touch,” she said. “You say you’re clean. I don’t know if that is true, or you’ve just not been caught.”
The judge did order the defendant’s sentence to begin with time served, but she also ordered her to enroll in the River Edge Substance Abuse program immediately upon her release and to follow all the recommendations she receives.
“Intake is first come, first served; you sit there until they see you,” Trammell instructed.
