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.

According to this report from the Atlanta Journal Constitution, the State Legislature is considering an overhaul that would include, among other things, allowing weapons to be carried on college campuses. While some state this could prevent catastrophes like the Virginia Tech shootings, others equate it to throwing “gasoline onto the already volatile atmosphere of a college campus.”

College campuses are known as a place where young adults come into their own. They are also know as places where binge drinking, fights, and other occurrences happen. Adding guns to the mix may prove to be like adding fuel to the fire.

In addition to this potential change, the Legislation also looks to allow registered gun owners the ability to carry their guns in public buildings, churches, and even some government buildings.

Georgia’s proposed legislation isn’t the only of this kind. Tennessee’s lawmakers recently voted to allow firearms to be carried in parks, restaurants and bars, and gave business owners the ability to restrict this.

People who push for 2^nd Amendment rights often seek to have their right to bear arms be unrestricted. With so many firearm laws on the books, they are often left frustrated.

In Georgia alone, there are numerous rules and laws regarding the handling, purchasing, licensing, and firing of firearms. Because of this, there are numerous opportunities to be charged with a weapons charge.

The most common weapon’s offense is carrying a concealed weapon. If you are carrying a weapon, even if you are licensed to do so, you must have it in full view. If you do not, you can be charged with concealing a weapon.

This particular offense is a misdemeanor the first time but carries a felony charge and potential 2 to 5 years in prison for a subsequent offense.

If you are facing charges like this one, I can help. Being caught up in the judicial system can be quite stressful, particularly if you are not sure whether or not you actually did something wrong. Call me now to discuss the specifics of your case.

According to an article recently published by WALB out of Albany, another reason for the rise is that victims don’t want to leave the abusive relationship over the holidays. No matter what the circumstances are, people want to be with their family through the winter months.

As of December 7^th, Albany Police had received 25 calls for domestic incidences. Executive Director of the Liberty House battered women’s shelter, Silke Deeley is quoted as saying “even in the worst case scenarios, people want to be with their families.”

Whether or not a victim of domestic violence wants help, once the police are called they may not have a say in the matter. If the police come upon a domestic assault, they will likely arrest who they believe the aggressor is and a protection order may be issued.

The stressed economy and unemployment numbers is also said to be having an effect on the domestic violence numbers. Unemployment wasn’t an issue in a case out of Guyton, however.

A newly elected alderman who has yet to take his oath, Michael Bernard Johnson, was recently arrested and charged with simple battery, two counts of simple assault, and criminal trespass. Johnson was found to be in a rage on Christmas afternoon where he was throwing his wife’s and children’s possessions out of the house.

Authorities state that Johnson was seen with a loaded semi-automatic pistol according to the Savannah Morning News. Once in the home, police found several pieces of property damaged and the Christmas tree knocked over.

More than likely Johnson will get little sympathy in the court system. Many people view domestic assaults with a particular disdain and the fact that this incident was said to have been triggered by his son’s inability to tie his shoes likely won’t help the matter.

When facing charges of a domestic nature, it is hard to find someone in your corner. Your family relationships and even your friends may turn their back on you. This is when a committed defense attorney can be an invaluable asset.

Contact me today to discuss the charges against you and to see how I might be able to help.

On May 15^th, Sanders and his son in law “Winkie” Hill arrived at the home of Hill and his wife (Sanders’ daughter). The couple had been having difficulty and separated for a while. Upon their arrival at the home they encountered Steven Justin Griffith Sr. whom they suspected was selling drugs to Mrs. Hill.

A fight ensued which landed Griffith in the hospital with a concussion, broken nose, and facial lacerations. Hill now faces charges for the assault that Sanders’ was cleared of.

According to the Athens Banner-Herald, Sanders reportedly served as Sheriff until the age of 71 in the year 2000.

A grand jury hearing serves the same purpose as a commitment or preliminary hearing. It is to establish if there is probable cause to prove someone committed a crime. It does not establish guilt or innocence but merely determines if there is enough evidence for the case to even go to trial.

If the grand jury, or the judge in a preliminary hearing, determines enough probable cause is present the suspect is formally charged or indicted. This marks just one stage in the lengthy criminal courts process.

Not all criminal cases are entitled to a preliminary hearing or grand jury hearing. However, if it is appropriate, the hearing is optional. Deciding whether or not to have such a hearing is one of those things that should be discussed with your attorney.

Because a defense attorney should know the small nuances and particulars of the court system, you should be confident that you have chosen an attorney that will make decisions in the best interest of your case.

If you are facing charges like assault, possession of drugs, or theft, our attorneys are here  to assist you. Contact our Georgia defense lawyers today to discuss the route your case might take within the Georgia court system and the options that are available to you.

As this report from the Augusta Chronicle details, when assessed with a traffic ticket, most people simply pay the fine and move on. For some, however, it isn’t that easy.

If a person cannot pay the ticket in full, their case is referred to the private probation company, Sentinel Offender Services, who is tasked with collecting fines.

People are allowed to make payments, but as they do, only a portion is allotted to their actual fine. The rest is funneled into the private company’s income.

This means that the poor and those who must take advantage of the payment plan end up paying higher fines than those who are able to pay up front. Worst of all, a warrant can be taken out if the fines aren‘t paid.

As the article from the Chronicle details, this leaves people like 63 year old Mariette Conner struggling to stay afloat and praying that their income won’t land them in jail.

Although this story is specific to traffic tickets and infractions, similar situations can play out with more serious criminal charges.

When charged with a crime, you not only face jail time but also hefty fines. While most people are rightfully worried about the jail sentence, many are just as concerned about the money they might have to dole out.

Having an experienced defense attorney on your side has its benefits.

If your income is low or nonexistent, we can make sure the court understands your financial situation and will try to see that they work with you in making arrangements you can live with.

When facing criminal charges like reckless driving or DUI, fines and fees should be the least of your worries. While our attorneys can’t promise the court won’t fine you we can tell you that we will work diligently to get you the best possible results when you go in front of the judge.

Forty one year old Terry Ramsey was killed at the scene by two Richmond County Sheriff’s deputies. The officers were sent to the home at Metcalf Street after the 14 year old son of the couple called police stating that his father was trying to kill his mother.

When the officers arrived they heard screaming, kicked in the door, and found Ramsey holding a knife to his wife’s throat. The officers immediately opened fire, protocol when someone’s life is in immediate danger.

It isn’t clear what caused the fight aside from the fact that the couple may have had a tumultuous relationship. According to NBC Augusta, two children were in the home at the time, the 14 year old who called 911 and an 8 year old daughter.

Domestic violence rarely goes to this extreme although the potential is there. Typically when the police arrive, the fight is over and they are tasked with determining what happened and who, if anyone, should be arrested.

If you have ever been charged with domestic assault, you should know that the police aren’t always correct in their assumptions of what happened. Family disputes can get ugly fast and often aren’t as cut and dry as they might seem to law enforcement.

As a defense attorney I know that domestic assault cases are some of the most difficult to go through. Whether the accusations against you are valid or not, the charges can build rifts in families and forever change relationships.

Family violence laws can be confusing and troublesome to someone who isn’t familiar with the legal system. When your freedom is on the line, you want to ensure you have a hard working advocate on your side, doing what is necessary to help your case.

If you are facing charges of domestic assault or child abuse, you need the help of an experienced Georgia criminal defense lawyer. Call us today so we can talk about the charges against you and how they may affect your future.

Thirty one year old James Kelly Howard is being held in the Clayton County jail on several charges after a dispute that occurred on Arrowhead Boulevard near Riverdale this past Friday night. There’s no indication, at this time, what the dispute was about.

Police got word that Howard was at a home in the 6400 block of Raymond Drive in Union City this past Sunday evening. They also reportedly were told he had purchased a bus ticket and intended on leaving the state. They surrounded the residence and made the arrest in the early Monday morning hours.

The victims, a 37 year old woman and her 15 year old daughter were both taken to the hospital where the elder of the two had serious injuries. According to the Atlanta Journal Constitution, she was stabbed multiple times while her daughter was stabbed once as she was fleeing the scene.

Under Georgia law, this is considered a domestic violence dispute. It goes to show that a pair does not have to be married or even currently in a relationship in order to be considered domestic in nature.

Howard now faces charges of cruelty to children, possession of a weapon during the commission of a crime, and two counts of aggravated assault. He has the potential to spend several years behind bars with charges like these.

Assault charges are taken very seriously, but taken even more seriously when they are domestic in nature and when they involve a child.

When facing charges like these it is easy to feel as if you are being judged even before you go before the courts. Such charges carry a social stigma unlike many others.

If you are charged with an assault crime or accused of hurting someone you care about, you need the expertise of an aggressive and hard working defense attorney. Our experienced Georgia defense attorneys can be of critical assistance during times like these.

Having handled multiple domestic violence cases in the state, our lawyers know what to expect and can help you work though this difficult legal problem.

According to the Atlanta Journal Constitution, the city of Atlanta is seeking $13.7 million to add 500 cameras to public areas around the city. These cameras are said to be an appropriate use of taxpayer money because of their supposed ability to assist in the prevention and prosecution of crime.

Critics liken the cameras to a high tech and highly invasive Big Brother, keeping the government’s eyes on our every move. But the city and surveillance advocates point out the cameras are only used in public places where there is no expectation of privacy.

The AJC article points to other cities like Baltimore and Chicago that use such cameras in crime prevention. The argument is that neighborhoods where cameras are present saw a decrease in crime. What the statistics don’t address is if the crime actually stopped or simply moved up the street, out of the camera’s view.

However, camera footage from the already existing Atlanta surveillance system has reportedly been used in court to identify suspects and has also been used to notify police of suspicious activity.

The new cameras, if approved and funding comes through, will allegedly add 69 full time jobs to the city’s roster, the people tasked with monitoring the cameras throughout all hours. In addition, people will be hired to maintain the cameras, which are estimated to cost $3.2 million annually for maintenance.

The article specifically cites larcenies and violent crimes as highly preventable with the use of surveillance cameras. However, there is no way to know if the crimes are being totally prevented or simply moving elsewhere.

Footage from surveillance cameras can be a useful tool for the prosecution in a criminal case. Like all other evidence, however, it should be scrutinized with care by your defense attorney.

Whether or not there is camera footage of you committing a crime, the prosecution must have some evidence to move forward. If you are facing theft, drug, or DUI charges, I know I can be of assistance. Contact me today to discuss the details of your case and to talk about the evidence that may be used against you in court.

On August 29^th, Texan Donald Fontana, 68, Adrian Perez, 23, and Rene Perez, 31, flew into the Peachtree City airport. On a tip, officials were watching the men the whole time.

They allegedly saw the trio unload 6 bags from the plane and drive to a hotel where Fontana was dropped off. The Perez’s allegedly went to another hotel, with the 6 bags, and waited for 24 year old Jorge Olivo.

The bags were then loaded into Olivo’s vehicle. When police attempted to stop Olivo, he initially gave chase but was eventually caught. In his vehicle officers found 173 kilograms of cocaine.

All four men are facing felony charges of conspiracy to possess and sell cocaine. Olivo also faces charges of possession of a firearm by a felon in the commission of a felony. Officials are also trying to gain control of Fontana’s plane and the weapon seized.

Depending on how the court chooses to charge the men, they could be facing mandatory minimum sentences of 25 years. This means that 25 years would be the absolute minimum prison term they could be sentenced to. This minimum is applied when someone is charged with trafficking.

Trafficking can also carry exorbitant fines.

Even if the men weren’t charged with trafficking and instead faced distribution charges, they could be looking at up to 30 years for their first offense.

Drug charges are not something to take lightly in the state of Georgia. If you are facing anything as minor as possession or as major as trafficking, you need an experienced defense attorney willing to work tirelessly on your case.

Contact me today if you are facing criminal drug charges in Georgia. I would like to help you get the best possible results on your day in court.