The speech, which can be read here, touched on education, roads, and business. But near the end, the Governor wanted to talk about the local criminal justice system. He said when education and business fail, many Georgians turn to paths that lead them straight into the courts.
“Last year, faced with one of the most incarcerated populations in the nation, low rehabilitation rates and high recidivism; you joined me in passing legislation to create the Criminal Justice Reform Council.” Deal went on to say his budget proposal reflects a continued commitment to justice reform, including:
Although the need for additional prison beds speaks to the contrary, the Governor says he is committed to finding help for those offenders that are motivated to use it. In addition to the new prison beds, however, his budget proposal also includes an unknown amount earmarked for a new Youth Detention Center.
One of the keys to reducing the incarceration rate is to send fewer offenders to prison. Crime rates are low, in some places lower than ever, but imprisonment remains high. Why? Because we are sending people to prison for crimes that really post no immediate risk to the public.
Accountability Courts, like DUI and drug courts, are a step in the right direction. These courts require participants to take part in a very intensive program, where they have to appear before a judge sometimes once a week to monitor their progress. Treatment, job training, counseling, and community service are often involved. And though the program is difficult, those who succeed are more likely to stay out of trouble than those who are sentenced to jail or prison instead.
While Georgia currently has several drug and DUI courts throughout the state, more are needed and will be welcomed. If you are facing drug charges and curious about your eligibility to participate in a drug court program, contact our offices today.
]]>Judge Williams has presided over the Glynn County drug court for the past 12 years. She is Chief Judge of the five-county Brunswick Judicial Circuit and first won election to the Superior Court over 21 years ago. But she had recently come under serious scrutiny.
The state Judicial Qualifications Commission filed twelve ethics charges against Williams in November and filed more just last week. The accusations range from jailing drug court participants for indefinite periods, allowing attorneys who were related to her to represent clients in her courtroom, and “behaving in a tyrannical manner”.
The commission was expected to hear the case in a trial this year. Former Georgia Supreme Court Chief Justice Leah Ward Sears and former state Attorney General Mike Bowers were set to prosecute the case against her. Sears remarked that Williams’ decision to retire was the “best resolution I could have hoped for.”
Williams seemed to take a volatile approach to her judgeship, jailing one offender for using the term “baby momma” in her courtroom. On another date, when a group of juvenile probationers were present, Williams chastised one girl for laughing in court. When she began to cry, Williams ordered her handcuffed and removed from the courtroom.
Another, more serious case, involved a woman who had known suicidal tendencies. Williams ordered her jailed indefinitely with “total restriction”, meaning no visitors or phone calls. She attempted suicide in the jail two weeks later.
Judges’ attitudes and manners vary greatly from courtroom to courtroom, and that’s nothing new. But being unethical is inappropriate and could cost a judge the bench. Dramatic behavior like this isn’t common at all, though judges often say and do things that aren’t necessarily welcome or wanted, from the point of view of the defendant.
When you are charged with a crime, facing the judge is one of the most intimidating parts. Having a criminal defense attorney on your side can make it a little less scary.
Whether you are guilty of a crime or believe you are wrongly accused of an offense, a defense lawyer can help advocate for your best interests when dealing with the judge and the prosecutor. Contact our offices to see if we can help you with your case.
]]>The panel was created by Governor Nathan Deal earlier this year in order to search for potential areas of change within the system. Made up of judges, lawmakers, and other officials, the council focused on lightening up on nonviolent drug offenders and reducing penalties for crimes like shoplifting.
The state of Georgia has a disproportionate number of people under correctional supervision. The national average says that 1 in every 31 people are in prison or jail, or under probation or parole supervision. Here in Georgia, that rate is more than doubled, with one in 13 under correctional supervision. This makes Georgia the most incarcerated state in the nation.
More than 3,200 people enter prison on a drug possession charge each year in our state. Of these, the council found, more than 2/3 have been found to be at a low risk for reoffending. For one of their recommendations, the panel has suggested the state create a statewide system of alternative courts (drug, mental health, and veterans’ courts) that provide alternatives to incarceration and assistance to those offenders who may be dealing with addiction. Courts like these have been shown to save money and reduce recidivism.
Another suggestion the panel made is in adjusting the classifications for shoplifting, something that hasn’t been done in years, despite the effects of inflation. Now, the law says that any shoplifting of more than $300 is a felony. The suggestion is that amount be increased to $750, with anything less than $750 being classified as a misdemeanor.
A similar recommendation has been made for theft offenses—increasing the threshold from $500 to $1,500 for felony charges.
Governor Deal has called the recommendations a “starting point” according to the Atlanta Journal Constitution. House Speaker David Ralston (R-Blue Ridge) has said “he will make the report’s recommendations a priority in the upcoming legislative session.”
In addition, many criminal justice reform advocates are likely to support the proposed changes too. The Director of the Southern Center for Human Rights, Sara Totonchi, says, “This is a great road map for Georgia to take the initial steps to move away from our incarceration crisis while still protecting public safety.”
No changes were suggested for violent offenders though the panel did suggest judges have a “safety” valve available, allowing them to use facts of a case to depart from mandatory minimum sentences in more serious drug crimes and such. This would not affect cases involving things like murder, rape, kidnapping, and armed robbery, however.
Other recommendations were made including: decriminalizing some traffic offenses, reducing sentencing ranges for burglary, expanding drug treatment options within the community, and allowing inmates to shave time off their sentences by taking “steps toward rehabilitation.”
Which of these recommendations are actually adopted into law will remain to be seen, though support is high for such changes.
In the meantime, any law violations are subject to the current sentencing laws on the books. If you are facing any criminal charges, the best way to know what you’re up against is in consulting with a criminal defense lawyer.
]]>The Atlanta lawyer intends to “fight this” but won’t come out and say for certain if this means a civil suit is in the works.
The police had a warrant for the home, which Arnwine shares with her 80 year old mother, two nephews, and her disabled vet son. They were looking for evidence connected to the robbery of a Popeye’s on November 4th. One of the nephews was named on the warrant.
During the three-hour raid, none of the family members (including the elderly mother) were allowed to use the restroom. They were held at gunpoint as officers searched the home.
When Arnwine told the police she was an attorney, they didn’t believe her. When she asked to see the warrant, she was told to “get out of the way.” Perhaps worst of all, when Arnwine cited her rights under the 4th Amendment one officer reportedly said, “The Fourth Amendment doesn’t apply here.”
Unfortunately for him, it does. Even if they had a proper warrant to conduct a search of the home, that search must be conducted with respect to the rights of the people involved—all of the people, even if one is a suspect.
During the search, the police did find a mask similar to the one used in the robbery. They also found a bag containing coins, which was similar to one used in the same robbery. However, evidence of a crime does not in any way minimize the rights of the people involved.
The Fourth Amendment to the United States Constitution protects us against unreasonable searches and seizures. It’s because of this amendment that things like search warrants exist. In order for the police to obtain a warrant to search your home, they must get approval from a judge, which only comes when there is probable cause that some evidence of a criminal act will be found on the premises.
Arwine’s job as a civil rights attorney doesn’t make her immune from the law or give her any special privileges. But, on the other hand, her rights and the rights of the people within her home must be respected.
C.K. Hoffler, Arnwine’s attorney, says the behavior of the police during the raid “was just atrocious, even if arguably they had probable cause with respect to the nephew.”
No matter who you are, what your job is, or how much money you make, your rights are on the line when you are dealing with the police. Though they should know how to act in accordance with these rights, one misstep on their part could mean disaster for any criminal case they were hoping to build against you.
Whether you are accused of drug dealing or assault, the cops must be cautious in the gathering and handling of evidence as well as during the execution of your arrest. If you are facing charges and curious about how the officers’ behavior could affect your case, contact us today.
]]>The Atlanta Journal Constitution tells one story of a man, convicted in 1993 of breaking into a home to rob it. While inside he told a young boy to lay on the ground. This simple instruction qualified as false imprisonment of a child and landed him a spot on the registry.
The sex offender registry is designed to keep certain offenders under the watchful eye of the state. Regardless of the fact that studies have shown these registries to be largely ineffective, they are present across the country. The crimes that earn you a place on the registry vary from state to state, however.
The new legislation, which took effect at the end of last year, removed offenses like the one described above from the registration requirements. Other low level offenders, who can justify their removal to a judge, can also get their names removed.
The stigma of being labeled a sex offender can cripple attempts to get employment and find suitable housing. This isn’t only because people are wary of the designation, but also because the registration requirements have standards that keep offenders from living within a certain distance of schools or other places where children are present.
No one wants to put the public, especially children, at a risk of victimization. But, there comes a point when local and state governments must take a hard look at their practices to determine if the outcome is worth the cost.
In this case, the cost is in the form of supervising all of the offenders on the registry. Because so many were placed on it, this cost was high. But the cost was also high for the offenders, particularly those whose offenses wouldn’t be considered particularly dangerous, and not all registered sex offenders are a real threat to public safety.
For those whose offenses still require registration, they can petition the court after 10 years have passed since they completed prison, parole or probation. They also must be classified as a Level 1 or low-risk offender and the judge has to agree that the particular offender deserves being released from the registry.
Sex offenses are unique and are particularly difficult for everyone involved. If you are accused of such an offense, the stigma associated with it is apparent long before you even have your trial. Contact our offices today to discuss the charges against you and how we might be able to help.
]]>Officers Arthur Parker and Black Andrew Norwood were to take 18 year old Travarrius Williams to the county jail. Williams was arrested last week for burglary in south DeKalb. During the transport, Williams spit in the officers’ faces, apparently enraging them.
They drove Williams in their squad car and parked behind a garage at the South Precinct on Candler Road. When they were where no one could see them, they began beating him. The officers are accused of punching and kicking him before they were found.
A “fellow patrol officer” whose name is not being released, happened upon the scene when he heard the scuffle and thought someone might be in danger. He immediately reported it to his commander.
In the world of law enforcement, there’s something called the “Blue Wall” or the “Blue Code of Silence”. The term refers to an unspoken code between officers that they won’t snitch on one another and that they will blindly support one another no matter how obviously wrong their actions might be. Though this wall isn’t as thick as it was decades ago, it still exists.
Typically, when we hear of police brutality cases, they are uncovered by a citizen eyewitness, a surveillance camera, or media source. Rarely, if ever, are they uncovered by the police themselves. As a matter of fact, when it’s apparent that other officers may have been “in the know” about an incident, they are usually supporting their brothers in blue or denying their knowledge of anything at all.
The officer who reported these two men beating a teen was commended by Chief Executive Burrell Ellis, who said, “I would like to thank that officer for responding quickly so we could address this.”
Neither officer has lost their job. Instead both, who are three year veterans, are being suspended with pay pending an internal investigation– nevermind the fact that they are both facing misdemeanor battery charges and felony charges of violating their oaths of office.
No one is above the law, though it sometimes seems as if the law targets some more readily than others. If you are facing criminal charges and are in need of representation, get help from an experienced Georgia criminal defense attorney. Call us for a consultation.
]]>The court is designed for those who are accused of felony drug offenses, those who would otherwise be serving jail time or prison time for their offense. The program is far from easy, however, and although it might be preferable to hard time, it requires some serious effort from the offenders in the program.
Each offender is required to maintain a full time job. If they aren’t working full time, they have to do 20 hours per week in community service. They are also required to participate in 9 hours a week of group counseling and attend narcotics anonymous classes every single day.
Participants meet with their probation officer once per week, submit to random drug tests and unannounced searches by police. Finally, they must check in every Friday with the court to update Superior Court Judge Brian Amero on their progress.
The drug court is made up of a team, not your adversarial forces seen in a trial court. Here, the prosecutor, judge, public defender, counselor, probation officer, the drug test officer, and drug court coordinator, all meet together to discuss participants and their status on the program. “It’s high accountability. Everybody is on the same page. We are right there to deal with whatever issues come up,” says drug court coordinator Daryl Dotschay.
The drug court’s 18 month program costs about $10,220 per person. Alternately, the cost to incarcerate someone for five years is $85,440. These courts operate on funds seized in drug raids and from court fees paid by offenders.
So far, no participants have been found in violation of the program—at least not enough that they were discharged. Here, if you miss a few hours of community service, for instance, you’ll simply be slapped with more for next week. If, however, it’s determined you are not succeeding in the drug court system, you will go to jail for a predetermined sentence.
In Georgia’s 33 drug courts, about 2,800 offenders are currently under supervision. Other accountability courts include mental health courts, DUI courts, and domestic abuse courts, each designed to specifically cater to the needs of the population.
If you are charged with a drug offense or a crime where drugs were involved, you may qualify for participation in a drug court. Contact our offices today to discuss your case and what can be done.
]]>Culpepper phoned the police to report her truck stolen. It had been taken from out in front of her Hawkins Street home. When the police arrived, they decided to arrest Culpepper on an aggravated assault charge—an offense she didn’t commit and for which there was no valid warrant for her arrest.
There was a warrant for another woman named Teresa, however. She didn’t look like Culpepper, didn’t have a similar address, a similar birthdate, or a similar last name. Culpepper was arrested simply for sharing the name Teresa.
It would be 53 days later before Culpepper would be released from Fulton County Jail. She spent almost 2 months in jail for something she didn’t do and knew nothing about.
Culpepper was assigned a public defender and it wasn’t until this attorney got the victim of the alleged assault to come to court and say Culpepper was not the Teresa who assaulted her, that she was released. You would think all of the other information, like her name, date of birth, and physical description would have been enough.
According to the Atlanta Journal Constitution, the actual suspect has still not been arrested and spoke with Channel 2 about the case.
Not surprisingly, Culpepper is now considering a civil suit against the city for her arrest and extended stay in the local jail.
Cases of mistaken identity are rare but do happen. Typically, however, the mistake lies in an eyewitness identification. Even in cases as serious as murder, eyewitness identification can be flawed and undetected until long after a conviction and sentence are handed down. Many DNA exonerations are connected to flawed eyewitness identification or testimonies.
When you are facing charges of a crime and you know you are innocent, it’s common to feel like no one believes you, especially the cops and the prosecutor. Your defense attorney is often your only advocate within the criminal courts. However, if you are innocent, it is your attorney’s job to help prove this and resolve the case with minimal negative effects on your life.
If you’ve been accused of something you didn’t do and are in need of counsel, contact us today.
]]>The state of Georgia has a $68.8 billion agricultural industry and the farmers who produce this industry are having a difficult time staying ahead. Many blame the new immigration law for scaring migrant workers away, with up to $74.9 million in crop losses tied to labor shortages on Georgia farms. Farmers say they have about 11,080 jobs open and no one lining up to take them.
The new immigration law was supported by people who said that it would keep illegal immigrants from taking American jobs. But the average unemployed American doesn’t seem to be interested in working on the farms, doing back breaking labor for little in return. A solution, the Governor hopes, is to have convicted criminals do it instead.
A pilot program took place this summer, putting non-violent probationers to work. They would put in their time before returning to one of many transitional institutions after work. Their pay, which had to be more than minimum wage, was transferred to the institution who took out payments for room and board, meals, child support, and restitution (as in theft cases), before holding the remaining funds until the inmate reached their release date.
The pilot program received mixed responses, from all involved. Farmers found the inmates were far less productive than their former migrant workers, unable to harvest produce at the same rate. One of the goals of the program was to give farmers a supply of future employees, those inmates who could be employed even after their release. Unfortunately, farmers found only about 15-20 worthwhile candidates out of 104 participants.
Some probationers quit the program due to the long hours, demanding labor, and heat they experienced while working farms in Sumter and Colquitt counties.
But even among the farmers who couldn’t find replacements for their missing migrant workers, the new program shows promise. “There were some obvious challenges with using probation labor,” said Agriculture Commissioner Gary Black. “At the end of the day, both producers agreed that the program had potential to meet the niche needs for farmers desperate for workers.”
What are the chances that you, as someone facing criminal charges, will be sent to work in this program? Well, it’s not very likely, even if you are sentenced to probation. The program is only for those people who are living in transitional institutions and are working on their release. The program isn’t finalized yet and the state has yet to determine to what extent it will be used.
]]>An alarming amount of jail residents across the state are on psychotropic medications, a clear indication that these inmates aren’t just a little sad or dealing with the anxiety of being locked up.
Many are arrested for nuisance crimes, crimes they wouldn’t be committing if the supports were in place to assist them in the first place. But a law violation like disorderly conduct, for example will provide them access to medications and a place to sleep at night.
The state has recently increased mental health funding. There are currently 16 mental health courts in Georgia, designed to address the specific needs of the mentally ill offender, helping them to get the supports needed without returning to jail.
Mental health courts are created to specifically address the needs of mentally ill offenders who are accused of violating laws. They draw upon many community resources like mental health counseling and even job training, to give these offenders the kind of support necessary to keep them out of jail and living a healthier, well-adjusted life.
In addition, the state has added seven ACT, community treatment teams, bringing the total number of teams to 19. These teams go into the community, taking the psychiatrists, counselors, nurses, caseworkers, and vocational counselors to the mentally ill before they violate laws and wind up in the courts.
Mental illness still has a stigma attached to it as many people within the general public have a picture in their head of what a mentally ill person acts like or looks like. What they may fail to realize, however, is mental illness is quite common and affects people from all walks of life. Often, with medication and treatment, it’s impossible to tell that someone suffers with mental illness.
Finding the resources to get needed treatment and help often doesn’t come until someone is standing before a judge and facing criminal charges. While it’s unfortunate that it could happen sooner, a judge often has the ability to really assist someone in getting the help they need.
If you are charged with a crime and you suffer from mental illness, you may have your case heard in the mental health courts. Even if that isn’t available in your jurisdiction, we might be able to help you get some of the help you need.
]]>