As a matter of fact, one resident of the Summerville community, a judge no less, shot and killed a home invader just last week while protecting his property and himself. To inform citizens about their rights in protecting their homes, the Chronicle listed a brief overview of the gun laws and how they vary from Georgia to the laws in South Carolina, for citizens of North Augusta.

Since 2005 the report states that 255 burglaries and 34 robberies have occurred in the Summerville neighborhood. As a whole, Richmond County has seen a jump from 2,808 to 3,243 in burglaries from 2005 to 2009. What’s behind this jump at a time when other crimes seem to be decreasing is a mystery.

Even more uncommon but measures more frightening than a burglary is a home invasion—a burglary when residents are actually at home. This is what happened when two burglars broke into the home of a local judge, not realizing the house was occupied at the time.

People living in neighborhoods like Summerville often believe they are far safer than those of other communities. In fact, that’s part of the reason they are willing to pay more for their homes—it isn’t just about having the nicest lawn or the biggest pool, but living in an area where you believe you and your family will be far less likely to be victimized by such intrusive crimes.

This would explain the extra outrage seen when crime rates climb in the higher income neighborhoods. The thought that “this shouldn’t happen here” abounds. Citizens of the Summerville community are being encouraged to “protect themselves” with firearms should someone decide to break in.

In Georgia, in most cases, you can use a gun to defend your home and yourself from harm. A pretty broad law, the ability to use deadly force in your home states “deadly force is legal is someone breaks into a home and you know it’s not a lawful entry or if you know the deadly force would prevent the person from committing a felony.”

Not all gun laws are so permissive or so easy to understand. As a matter of fact, it’s quite possible to run afoul of these laws and not even know it. You could be facing criminal charges for a gun crime they didn’t realize they had committed.

If you are facing gun charges, burglary, robbery, or any criminal charge in Georgia, please contact us for a criminal defense consultation.

According to the Atlanta Journal Constitution, more and more young adults are discovering they were the victims of identity theft, when they were children. And most often, the people accused of using their social security numbers and names are their parents.

Parents seem to be using their children’s information to gain credit where they otherwise couldn’t. Perhaps they put the utilities or apartment in their child’s name because they know they couldn’t personally pass a credit check. Then, when they get behind on payments, they are dooming their kids to a bad credit score and the same problem once they reach adulthood.

Despite some parents’ views that their children’s credit is their business and there’s to use as long as the kids are under their roof, the using of someone else’s identity to get credit is a criminal offense, no matter what the victim’s age is.

Typically we hear about the elderly being taken advantage of with fraud crimes. But, this story shows even the very young can be victimized.

Identity theft involves using the personal identification information of another person to gain credit, value, or money in their name. This could be taking out a credit card or applying for a loan. under Georgia law, identity theft is a serious offense.

For your first charge of identity theft, you are facing up to 10 years in prison and $100,000 in fines. If this is your second offense, your potential sentence jumps to 15 years. As you can see, this is considered a very serious criminal offense.

Contact us  to discuss the details of your case involving any criminal charge in Georgia.

The Gwinnett county Sherriff’s Deputy is reported to have formerly worked for the Gwinnett County Police Department before resigning his post there to come to the Sherriff’s Department in 2006. While a police officer he allegedly failed to detect intoxication in a driver who caused an auto accident. He is also said to have claimed a friend was not intoxicated despite being well over the legal limit when tested with a breathalyzer.

The latest incident involved the now Sherriff’s Deputy happened on June 28^th when he arrested the Commission Chairman. The Deputy claimed he was intoxicated despite a breathalyzer showing the opposite to be true. The Chairman wasn’t exonerated until two days later when the blood test came back negative.

The Chairman’s attorney suggests the false arrest was politically motivated—stating deputies waited outside the bar where he was until he left, never trying to stop him from driving. The Chairman is 71 but was still asked to perform 2 field sobriety tests, something not recommended for people over the age of 60.

There’s no indication that the Deputy has faced any repercussions for his mistake, though the Georgia Bureau of Investigation is looking into the matter.

Do the police make mistakes? Absolutely—they are human. However, when these mistakes cost someone their freedom, even for a few hours or days, they can’t be overlooked. While the majority of arrests are lawful, there are still very many that are questionable.

Even still, some cases of mistaken identity or just plain innocence make it all the way to the criminal courts. When you have done nothing wrong but are charged with a crime, it can feel like a bad dream. No one believes you and it seems that you will undoubtedly pay for a crime you didn’t commit.

Whether you are facing DUI charges or something even more serious, you deserve to have a defense attorney on your side who will look out for your best interest and work to clear your name. Contact our offices today to discuss any criminal case against you.

Just one of these cases has 71 defendants. The La Familia cartel, originating in Mexico, had connections and many of them within Gwinnett County. The raiding of one home this cartel was working out of resulted in the seizure of 174 pounds of meth alone.

The AJC also mentions a case of 25 defendants accused of smuggling cocaine and meth. Yet another of the large cases involves 35 defendants of an Asian ecstasy ring trafficking through Canada.

Each of these cases must be processed through the Superior Courts as it seems no one is willing to plead guilty and cooperate with prosecutors. A guilty plea, required in a plea bargain, means admitting responsibility and potentially offering information on codefendants. These large drug rings are notoriously vindictive, however, and loyal, so the likelihood of one defendant incriminating another is near unheard of.

Law enforcement and the district attorney’s office likely thought by arresting so many in the La Familia case they would get some people willing to cooperate or testify against their friends. District Attorney Danny Porter says, “What we’re finding with these Mexican cartel cases is they are not cooperating and they are demanding trials. They are afraid that La Familia still has their families in Mexico.”

Charges in all of these cases range from trafficking, to manufacturing, and even possession. A few women are said to have been sentenced to nearly a year in prison for staying in the house where the meth was made and stored, this despite having no criminal records and no actual drug trafficking involvement.

Serious drug charges can lead to serious sentences. From a few months to several years in prison, if you are charged with manufacturing, distributing, or even possession with intent to distribute, you will face felony charges. Georgia drug laws also have “mandatory minimum” sentences, meaning you will do prison time, no questions asked.

Whether you are facing serious drug charges like these of something as simple as marijuana possession, an aggressive defense attorney can make all the difference on your case. Contact our attorneys today for a free consultation.

The entire nation moved to “tough on crime” policies over the last twenty years. And now, as budgets are tightened, the pendulum is beginning to swing in favor or rehabilitation and treatment once again. Will Georgia follow suit, however?

According to the Atlanta Journal Constitution, even Texas has realized they can keep their residents safe by sentencing some criminal offenders to community based programs outside of prison walls. Balancing punishment, cost, and public safety is the key here.

When officials are asked to cut a corrections budget, they often look to cut staff first. Overworked prison and probation officers don’t keep the population safe, however, and looking to other potential areas for cuts is necessary.

According to the AJC report, while some states shave time off of sentences for parole, good time, and similar actions, Georgia is far less likely to do so—keeping up the tough on crime stance throughout. The “earned time” policy was eliminated in 1984 and criminal sentences have been getting lengthier since.

The potential of doing prison time is a reality for many Georgians. Because prison time is often prescribed for non violent offenses in this state, it is a real possibility even when you are facing charges that could be considered relatively “minor”.

For instance, possession of only 2 ounces of marijuana is considered a felony charge. For this class of felony, you could be sentenced to 1-10 years. While a 10 year sentence isn’t likely, prison time for marijuana possession seems to be a harsh deal.

Whether you are facing possession charges or something more serious like trafficking, we can help you. Together we can discuss the details of your case and what can be done to get a more favorable outcome in court.

According to WSB Radio, 3 other such offenses occurred last week. One student was carjacked and robbed on Lynch Street, a group of four was victim to home invaders, and another female was robbed as she walked from campus to her car on Ferst Drive.

While there are no injuries reported and no mention of a weapon in the news reports, the police could be trying to keep the details under wraps as they investigate.

Many people don’t understand the difference between a theft and a robbery. A robbery can involve the taking of someone else’s property but it is considered a violent “personal” offense. Typically a robbery involves taking something that the person has on them, whereas a theft involves no threat or violence.

Burglaries, on the other hand, often called home invasions, are when a home is entered. Property may or may not be taken for the offense to be considered a crime. Often, burglaries are considered more serious than a business theft, for instance, because the home is considered more of a sacred place.

Theft offenses vary widely. The charge and subsequent penalty you face for it depends on what was taken and the manner in which it was taken. Obviously a robbery involving a gun will be handled in a far different manner than shoplifting, even if the shoplifted goods are valued as more expensive.

When you are facing any sort of theft-related charge, it doesn’t make sense to try and make sense of it on your own. As a criminal defense attorneys, we are here to help.

Contact us today to discuss the details of your case and how they might affect you.

Theft of materials from foreclosed homes has grown to epic levels across the country over the past several years as foreclosures have grown. Thieves steal the copper wiring and other materials and convert them to easy cash. Unfortunately, the thefts aren’t any less serious when committed against empty, foreclosed houses.

According to the Gwinnett Daily Post, these three suspects were said to choose homes in the Atlanta metro area. The article states that all three face charges of theft by taking and possessing tools for the commission of a crime. It is likely they will face additional charges when all is said and done.

In Georgia, when accused of a theft offense like shoplifting, theft by taking, or theft by deception, the charge you face is dependent on the value of the goods stolen.

If the value of stolen property is less than $500, it will be a misdemeanor offense. If, however, the offense involves more than $500 in value, you can face felony charges and up to 10 years in prison. Each act of theft can be a new and separate charge.

Depending on the circumstances of your case and your criminal history, we may be able to work out a plea arrangement with the prosecution on your case. Even if the charges against you seem quite serious, there is a chance that you could serve probation in lieu of jail time.

If you are facing any sort of theft charge in Georgia, contact us for a consultation.

These systems take high tech cameras and mount them on Sheriff’s patrol cars, and connect them with computer systems inside the vehicle. The cameras are programs to take pictures of all license plates within visual range, capable of analyzing thousands of tags per hour. The plates are instantly scanned, and matched with an on-board database of cars with law enforcement flags, or drivers who may be wanted.

If a car that is identified in the database is found, the officer in the vehicle is instantly alerted.

The most common use of this data is for recovering stolen vehicles, and driver’s with outstanding warrants. Other infractions that you can be pulled over for include lapsed insurance, or suspended driver’s license.

The Rockdale Sheriff quoted in the article dismisses privacy concerns about scanning the plates of innocent citizens.  He said the system “does not technically run the tag of every person and know who they are”.

While that is true, the data is still collected saved, and marked with a date, time, and GPS location. So if the government cares to look, they can go back and search for where you may have been spotted at any time in the future. And as more of these systems go online across Georgia and nationwide, and all the raw data is shared across law enforcement agencies, it’s easy to see how the government can easily collect a vast history of the movements of every citizen on the road.

While most citizens would be uncomfortable with this level of government surveillance, it is important to know that it is happening. Driving on a suspended license and not getting caught is going to be an increasingly unlikely event.

According to the Atlanta Journal Constitution, the Citizen Review Board sustained 61-year old Minnie Carey’s accusation of false arrest by the officer Brandy Dolson. Though punishment has not yet been determined, it will be a matter for the review board and the Atlanta Police Department to resolve, not a criminal court.

Carey, on the other hand, did have to go through the court for her charges of disorderly conduct. It wasn’t until her third court appearance that the charges against her were dropped. On the date of her arrest, she was cuffed, transported in a police van, and then held in jail for 9 hours before being released.

According to her account, Carey was only guilty of questioning the officer. The officer, on the other hand, claimed she was disruptive and “loud” when asked to move. One member of the board states “There’s no basis to arrest someone for talking loudly.”

Unfortunately, there are many cases that are brought before judges in our state that must be dismissed for a variety of reasons, including lack of evidence. While it can’t always be considered a false arrest, there are situations when police make mistakes, arresting people on charges they simply didn’t commit.

This is particularly common for disorderly conduct arrests, where the interpretation of the facts are often very subjective.

As your attorney it’s my job to ensure that if the charges against you deserve to be dropped, that point is made abundantly clear in court. We can work together to have evidence suppressed if appropriate or work with the prosecution to come to a plea agreement.

The potential outcome from your case, whether its charges of disorderly conduct or even assault, can vary greatly depending on the specific circumstances of your case.

If you are facing criminal charges and want to be sure someone has your back in court, call me today. Let’s discuss the details of your case and I can provide you with some free legal advice.

On October 30, 2009 Lori Reineke hit and killed James Eaton III as he crossed the street. Reineke had a green light and was said to be obeying the speed limit. Eaton, however, was said to have crossed against the light. Although police aren’t saying what led them to the belief that Reineke was texting, they claim it was her texting that caused her inattention.

In order to be charged with first degree vehicular homicide, there must have been some aggravating circumstances (DUI, reckless driving, fleeing police, etc.). The police allege that Eaton’s texting constitutes reckless driving as defined by Georgia law and subsequently charged her accordingly.

She is actually facing multiple charges: reckless driving, vehicular homicide, and failure to exercise due care and engaging in actions which distract from the safe operation of a motor vehicle. Eaton posted $34,900 and was released the following day.

Many states already have texting bans in place. Georgia would certainly not be the first. If this charge sticks and Reineke is convicted, it could set precedence for future similar cases.

Because vehicular homicide is the most serious criminal “traffic” offense, we don’t see it often. More common are charges of reckless driving, and aggressive driving. Both of these are misdemeanors and carry a potential 1 year jail sentence.

Charges that involve the use of a vehicle can not only lead to jail time and fines but also a driver’s license suspension that can span years.

When facing charges like reckless driving, you need an attorney who understands the laws on the books and those that haven’t yet been passed. Contact me today for a consultation on your criminal case and to see how I may be able to help.