Georgia Criminal Defense Blog

INJUSTICE

Wed, 21 Mar 2012 11:33:26 -0500

What happened to Trayvon Martin is a tragedy.

Do we really need another Trayvon Martin to die before finally doing something? Why does a white man assume a young black teen is up to no good? Why did the police drug test a young black teen victim and not his shooter? Why weren't more questions asked? Why hasn't George Zimmerman been arrested for murder? Why hasn't the 911 call been analyzed - did Zimmerman use a racial slur?

Our criminal justice system is broken. It is racist and it is classist. I am a criminal defense attorney. I spend my days in the spokes of the criminal justice wheel. I see injustice everywhere. It makes me sick.

With today's unleashed technology, what would inspire REAL change is if we all took videos of the judges/cops/agents/prosecutors/etc who act inappropriately on YouTube. Tweet about it. There is no need to single out anyone, but I think if our country really understood what happens on a daily basis, then, maybe, just maybe, real change could occur.

Take a look into any urban courtroom in the country. Who do you see waiting for public defenders? Which defendants are chided by the judge? In municipal courts, which defendants are being sentenced to jail for tiny infractions?

Visit any jail/prison. Who do you see in that jail/prison? And for what crime? It has continued to sicken me that Wall Street types get minimum prison terms, while a repeat thief gets more time.

Why are all of our prisons so full? What is up with the crazy drug laws?

With social media, we can bring about change. I will be tweeting this blog. I will post it on my facebook page, and I will talk about this on TV.

How appropriate that, on this day, there will be a million hoodie march in honor of Trayvon Martin in Union Square in New York City. This is a perfect example of us collectively working to effectuate change.

What will you do?

Blame can be Found Everywhere in the Disappearance of Susan Powell and the Death of two Beautiful, Innocent Children

Mon, 06 Feb 2012 12:42:32 -0500

Josh Powell not only killed himself but two beautiful, innocent young boys.

Today, many are questioning the actions of the judge who allowed visitation to Josh Powell. Blame cannot be directed at just one person or one entity. Blame can be pointed in many, many directions. Back in December 2009, additional scrutiny should have been placed on Mr. Powell. What does "person of interest" even mean? It means that law enforcement has no clue what to do with the situation, and uses this term to placate the victims and the media. Clearly, such a definition has no teeth. Mr. Powell was able to leave the state of Utah with no issue. He was allowed to live with a sexual predator. And he was granted visitation when permanent custody was granted to Susan Cox-Powell's parents. If sexual abuse is even hinted at, why wasn't supervised visitation ordered? Clearly, the judge was concerned about this, because a psychosexual evaluation was ordered. If there was any teeth to this concept of "person of interest", then the judge would have been extremely reticent to have those boys anywhere near Mr. Powell.

In my practice, I represent clients who are often times arrested first, then the situation is worked out. Am I advocating for this? No way. I am advocating for calling a spade a spade. Who the hell goes camping in below freezing temperatures? Arrest him. This then will allow the criminal justice system to figure out what transpired while keeping beautiful, innocent children out of the crossfire.

Conrad Murray and Michael Jackson, a deadly relationship

Mon, 26 Sep 2011 13:36:08 -0500

"Should Michael Jackson be blamed for his death?" that is what many people are asking because the Conrad Murray trial is starting tomorrow in Los Angeles. Does the public understand this case is much ado about nothing? Dr. Murray is ONLY charged with involuntary manslaughter which carries a maximum sentence of just FOUR years. The jails and prisons are so overcrowded, that even if Murray was convicted, he is more than likely to not serve a day.

What the media should focus on is prescription drug abuse and ALL of the doctors who prescribe it like candy. Why is it even remotely okay to have a doctor on personal salary for $150.000 a month? A cardiologist with money problems. Good choice, Mr. Jackson. Yes, Dr. Murray should be convicted. He was prescribing and dispensing medicine to Mr. Jackson at shocking levels.

We should put all of the doctors who are prescribing such hideous levels of medicine on trial. Please put them in prison.

I have represented so many clients charged with prescription drug possession. One tiny pill of Xanax and off you go with a felony conviction. The addicts are being thrown in prison, not the prescribers or the manufacturers.

Why can't Big Pharma or the government take actions against addiction to begin with?

Everyone is up in arms about "blaming the victim" in the Conrad Murray case. Michael Jackson was an addict. Anyone who wants to delude themselves into any other thought process needs to get a clue.

It has been written that Dr. Arnold Klein, Michael Jackson's dermatologist, gave him Demoral 51 times in the last 3 months of his life.

I delivered a baby on Demoral. There is no worse pain. I only needed one dose.

Please put the enablers on trial. Who wrote all of those prescriptions to get Michael Jackson to that level of addiction?

I am not being a "clever defense attorney" trying to defend Dr. Conrad Murray. There is no defense. As a doctor friend of mine said, "Simply put, Murray was giving him benzodaizepines and sedative-hypnotics that any MD in his right mind would not have given, especially IV. A good MD would have had the singer evaluated for sleep problems, polysubstance abuse, and if the singer refused, would have resigned from the case."

But Dr. Murray only began his employ with Michael Jackson 2 months before this death. Where was everyone else?

Doctor charged in tax and health care fraud

Wed, 06 Apr 2011 15:46:03 -0500

A Roswell, Georgia doctor was charged with tax and health care fraud. Please see attached article: http://roswell.patch.com/articles/roswell-doctor-charged-with-health-care-and-tax-fraud

DUI costs

Wed, 01 Dec 2010 13:48:38 -0500

If you are charged with a DUI in the state of Georgia, you will be hit with several costs BEFORE you ever go to court to address the charges. Whatever happened to innocent until proven guilty?! You WILL have to pay $150 to request a hearing re your driver's license. Please see http://www.dds.ga.gov/rules/rules.aspx?chap=375-3-3&rule=375-3-3-.04&head=375-3. In addition, you will have to pay at least $25 or up to $75 to get a copy of your DUI video, depending on the jurisdiction. And finally, you will have to pay a few dollars to get a copy of the police report. Again, this is all before you go to court to address the charges. Conaway & Strickler, PC has been fighting DUIs since the 90's - these changes have only come into effect with the downturn of the economy. The $150 just became effective in September, 2010. How ridiculous and how unconstitutional for the government to institute these charges - again, long before you actually get to court.

BIg Brother

Fri, 08 Oct 2010 18:02:59 -0500

Please see this article: http://www.ajc.com/news/cobb/cell-phone-records-id-664620.html
It discusses how a person was "tracked" by his cell phone records. Please be aware that your cell phone acts as GPS on you and your whereabouts at all times when your cell phone is on.

Augusta Man Pleads Not Guilty to Two Counts of Bribery

Wed, 28 Jul 2010 07:00:00 -0500

According to The Augusta Chronicle, an Augusta man accused of two counts of bribery has pleaded not guilty to the charges made against him. The man is being accused of offering Mayor Pro Tem Alvin Mason of Augusta and Commissioner Corey Johnson special privileges in exchange for their support of a commission to build a trade center in the downtown portion of the city.

Bribery can be defined as the offering or acceptance of anything of value, in exchange for influence over the actions of a public or government official or employee. Bribes can take the form of gifts and monetary payment in exchange for favorable treatment, such as receiving government contracts or some sort of award. Bribery is a very serious white collar crime in Georgia in which both parties may be convicted with consequences including several years in prison, steep fines, present and future employment loss, and more.

Thomasville Man Arrested for Drug Possession after Reporting Burglary

Wed, 21 Jul 2010 13:26:53 -0500

A WALB article reported that on July 5, 2010, a Thomasville man was arrested for cocaine possession after reporting a burglary at his own home. According to the article, the man came home to find the lights on inside of his house on Andrews Street and subsequently called to report what he thought to be a burglary in process. The police arrived and searched his home, which appeared to be ransacked, but found no intruder. Instead, the police found a large amount of cocaine and over 4,000 dollars in cash inside of the residence. The owner of the home was arrested on charges of possession with intent to distribute an illegal substance.

If convicted of these crimes, which are felonies in the state of Georgia, this man will be facing fines and more severe penalties, such as a lengthy prison sentence, probation, drug rehabilitation, and more. Georgia drug crimes involving possession must be taken seriously, as the penalties involved are severe and life-altering. It is of the utmost importance that the case at hand be thoroughly investigated so that the best course of action for the defense of the accused may be taken.

Multiple UGA Football Players Arrested for DUI, Other Charges

Mon, 12 Jul 2010 17:27:41 -0500

Shortly after the resignation of UGA’s head football coach due to DUI, three players have been arrested and charged with various alcohol related offenses and other crimes within the last week. According to an article in the Atlanta Journal-Constitution, the football players were charged in three separate incidents ranging from leaving the scene of an accident, DUI, obstruction of law enforcement and other offenses. Two other individuals were arrested with one of the players, but they were not members of the team. At least two of the players were under 21. UGA has a reputation as a “party school” and the latest arrests have done nothing to diminish that reputation.

Under no circumstances should an individual get into a vehicle to drive after drinking. Not only does the potential of an accident increase significantly, but a person arrested for DUI faces serious and often life-changing consequences. An individual convicted of drunk driving in Georgia may face jail time, steep fines, driver’s license suspension, and additional penalties if someone is injured or killed in an accident. These DUI penalties and the aforementioned story serve as a reminder for Georgians to always be responsible and safe when consuming alcohol.

The experienced Georgia DUI attorneys at Conaway & Strickler, P.C. have handled numerous successful DUI cases for clients accused of drunk driving. DUI offenses in Atlanta are serious charges, making contacting a skilled attorney of the utmost importance. If you or a loved one has been charged with a DUI, please contact the knowledgeable Georgia criminal defense lawyers at Conaway & Strickler, P.C. at 1-888-534-9106 for a free and confidential evaluation of your case. You deserve to know your rights.

Colquitt County Traffic Stop Leads to Drug Arrest

Wed, 30 Jun 2010 07:00:00 -0500

A Moultrie Observer article recently described the arrest of a man for drug violations in Colquitt County. The man was charged with the Georgia drug crime of possession and intent to distribute marijuana and white pills known as Hydrocodone. The arrest began as a routine traffic stop when an officer on patrol noticed that the driver’s tag light was not working and made the stop.

The officer spoke to the driver when a second officer with a K-9 unit arrived and had his dog check the outside of the vehicle for illegal substances. The dog indicated that there were illegal substances and the officers had the man step out of the vehicle. They then conducted a search of the man and found a bag of marijuana in his pocket. The officers then searched the vehicle and allegedly found three more bags of marijuana in the vehicle with white Hyrdrocodone pills inside. The man was taken to prison where it was determined that the pills were Hydrocodone.

Charges for the possession and intent to distribute illegal substances in Georgia can have steep penalties. These include anything from prison time, probation, rehabilitation programs to community service. One can even lose certain civil liberties, such as the right to own a fire arm and even the right to vote. When facing such serious charges, it is of the utmost importance that the civil rights of the accused are upheld and that those rights were never violated in process of the arrest.

If you or someone you know is being prosecuted for a Georgia drug related charge, please call a knowledgeable, skilled Atlanta drug possession defense attorney from Conaway & Strickler, P.C. for help. We have years of experience in developing strong, solid cases for our clients who have been accused of a drug related crime. We will ensure that your rights are protected, and we will aggressively defend you in a court of law. For a free consultation, please call us at 1-888-534-9106 to learn more about your legal rights and how we can help you receive the fair trial that you deserve.

Female Fulton County Jailer Convicted of Assaulting Handcuffed Inmate

Fri, 25 Jun 2010 19:27:29 -0500

A recent Atlanta Crime Examiner article reports that a female Fulton County jailer has been convicted of using excessive force against a handcuffed inmate. Apparently the woman hit the inmate with a milk crate and has been charged with a felony as a result.

Atlanta’s federal court determined that the 41-year-old violated the civil rights of the inmate and that she will now serve as an inmate for at least three months in federal prison. In addition, the convicted woman will serve three months of home confinement to be followed by three years of supervised release and will perform 120 hours of community service.

Aggravated assault in Georgia is categorized as a form of criminal conduct under violent crimes. While felony violent offenses often involve aggravated assault and impose serious consequences upon a convicted individual, more severe penalties exist for those convicted of murder and manslaughter crimes. Whether a crime is deemed a misdemeanor or a felony is typically based on the level of punishment connected to the offense.

If you or someone you know has been charged with a violent crime in Georgia, you should strongly consider getting in touch with an aggressive and highly knowledgeable Atlanta violent crime defense lawyer. At Conaway & Strickler, P.C., our Georgia experienced criminal defense law firm has been defending the rights of individuals accused of a wide range of offenses for years. Time is of the essence in building a strong and effective criminal case. Contact us today for a free consultation by calling 1-888-534-9106.

Gwinnett County Robbery Leads to Shooting

Wed, 16 Jun 2010 19:13:24 -0500

A recent wsbtv.com article reports that one individual is in critical condition and another has sustained a shot to the hip after fleeing the scene of an alleged home robbery. Apparently, the Gwinnett County double shooting occurred after the homeowner discovered the two individuals on the property. After being shot at and hit by the homeowner, the individuals got into their car, but they didn’t make it far. The vehicle crashed into a ditch and the injured individuals were taken to a local hospital. The article mentions that the robbery and shooting may have been motivated by drugs.

The Bureau of Justice Services defines robbery as, “Completed or attempted theft, directly from a person, of property or cash by force or threat of force, with or without a weapon, and with or without injury.”

While this above incident has several complex factors, such as the potential involvement of drugs and the role of the homeowner in the encounter, every individual arrested for a crime has valid Constitutional rights. If law enforcement violates any of these rights during arrest or interrogation procedures, then charges against an individual may be dropped.

Facing robbery or theft crime charges in Georgia is not an easy thing to experience. Some robbery charges may be coupled with charges for assault, weapons possession, and violent crimes such as murder. Fortunately, experienced Atlanta criminal lawyers are available to provide legal guidance and representation to ensure that an individual’s rights are properly defended. If you or someone you care about has been charged with a crime in Atlanta, contact the skilled Georgia defense attorneys at Conaway & Strickler, P.C. today for more information about your legal rights.

Multiple Cocaine Drug Charges against 3 Gainesville Men

Thu, 10 Jun 2010 18:37:14 -0500

A www.accessnorthga.com article addresses the recent arrest of three Gainesville men for several drug charges relating to trafficking cocaine, conspiracy to traffic cocaine, possession of cocaine with the intent to distribute, and use of a communications device to facilitate a drug transaction. Based on the article, after an undercover drug investigation involving the local gang task force, the FBI and the Gainesville Police Department, the men were arrested for allegedly possessing over six pounds of cocaine. The arrested men are all in their twenties and have a full life ahead of them to live.

Facing drug charges in Georgia for multiple offenses, especially those involving drug trafficking and possession with the intent to distribute, can lead to several harsh and life-changing consequences if an individual is convicted. Some of these serious penalties may include prison time, serving probation, steep fines, mandatory drug rehabilitation programs, community service, and loss of certain civil liberties such as the right to own a handgun, the right to vote, and the ability to obtain some kinds of employment.

When multiple drug arrests are made due to undercover operations, some may question the legality of arrest procedure and whether the rights of arrested individuals were violated in any way. If you or someone you know has been charged with a drug crime in Georgia, the aggressive and knowledgeable Atlanta drug crime defense attorneys at Conaway, Strickler, & Margolis, P.C. can help. Our criminal defense lawyers have years of experience thoroughly investigating drug crimes and building strong cases for our clients. Call 1-888-534-9106 for a free consultation and to learn more about how we can defend your rights.

Atlanta Memorial Day Weekend DUI Checkpoints

Fri, 28 May 2010 19:24:44 -0500

While everyone finds different ways to enjoy a three-day weekend, law enforcement is on high alert for drunk drivers to help keep local residents, visitors and travelers safe during holidays like Memorial Day.

Even if you think you are not drunk, and especially if you have had a few drinks - do not drive! Instead, find a safe, alternative way home. Never hesitate to call a friend or a taxi if you have been drinking and are unable to drive home. The best way to avoid an arrest for driving under the influence in Atlanta is to have a designated driver with you if you or your friends plan on drinking.

While an Atlanta DUI checkpoint typically shuts down a designated area or road and stops vehicles at random or based on another approach, law enforcement will usually otherwise be on the look-out for certain driving behavior before pulling someone over.

First of all, you may be pulled over if your driving seems irregular, if you are swerving, overcorrecting, drifting, driving at an unusually slow speed, braking more often than is necessary, making wide turns, displaying a slow response to traffic signals, driving without your headlights on, making a sudden turn without signaling, and more. It is important to remember that if you did not perform any of these erratic driving patterns and did not violate the law, an officer is not supposed to stop you, even if he or she believes that you may be driving under the influence.

If you have been arrested for drunk driving in Georgia, you may want to contact an aggressive and skilled Georgia DUI defense lawyer. At Conaway, Strickler, & Margolis, P.C., our Georgia criminal defense lawyers have been defending the rights of those accused of a wide range of alcohol-related offenses for several years. We know what it takes to help you retain your driving privileges and help you obtain a positive outcome at your DMV hearing and in your DUI case. Call 1-888-534-9106 to learn more about how we can help.

Georgia Church Theft and Burglary Charges against Gospel Musicians

Wed, 19 May 2010 20:35:04 -0500

Two 28-year-old male gospel singers have been charged with nine counts of “theft by taking” and nine counts of burglary in Georgia. A News4Jax report discusses that law enforcement utilized a search warrant to arrest the individuals after receiving a tip that linked the men to nine church burglaries in central Georgia.

The men are being accused of stealing music equipment, including microphones, speakers, and various other materials, amounting to approximately $100,000. When officials searched the homes of the men, music equipment was found inside as well as in the men’s vehicles. However, the report did not mention additional information regarding the exact equipment that was discovered.

Under Georgia Code 16-8-2, the crime of “theft by taking” in Georgia occurs when an individual “unlawfully takes or, being in lawful possession thereof, unlawfully appropriates any property of another with the intention of depriving him of the property, regardless of the manner in which the property is taken or appropriated."

While theft and burglary crimes in Georgia are serious matters that should not be taken lightly by those accused, individuals who have been charged with such offenses have valid and important Constitutional rights. It is vital for arrested persons to be aware of these rights so as not to have any potential violations go unnoticed. Georgia theft defense attorneys will also work to ensure that an accused person’s rights are upheld and defended, thus contributing to a fair and just trial.

If you or someone you know has been charged with a theft offense in Georgia, the aggressive Atlanta defense lawyers at Conaway, Strickler, & Margolis, P.C. can help. Our skilled attorneys have been defending the rights of individuals throughout Georgia for years, lending us the legal experience to obtain a successful case outcome for any criminal offense. Call us today for more information at 1-888-534-9106.