Georgia Criminal Defense Blog

The U.S. Attorney announced recently that the sexual assault investigation against David Copperfield has been dropped. The woman who accused David Copperfield of sexually assaulting her had made a similar claim against another man, and police say there is evidence that she gave false statements to a police officer and engaged in prostitution. According to The Seattle Times, the woman was questioned by cops after a man claimed she tried to charge him for sex.

The police report states that the man claimed she performed oral sex on him in a hotel room in Bellevue, Washington on December 2. According to the report, the woman then told him, "Put $2,000 in my purse and you can have it all."

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Posted In: Criminal Defense , Sex Crime Defense

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Legislature on Monday approved a bill that would make New Jersey the 14th state to allow chronically ill patients access to marijuana for medical reasons. The bill allows patients with ailments such as cancer, AIDS and multiple sclerosis to buy up to 2 ounces (57 grams) of marijuana a month at state-monitored dispensaries.

New Jersey's legislation authorizes the Department of Health to issue to patients with "debilitating medical conditions" registry ID cards that allow them to use marijuana. Patients with specified diseases such as cancer and glaucoma must also demonstrate severe or chronic pain, nausea, seizures, muscle spasms or wasting syndrome to qualify. Patients with registry cards would be immune from arrest or prosecution for the medical use of marijuana.

Continue reading "New Jersey Legislature Approves Bill to Make State 14th New Jersey Legislature Approves Bill to Make State with Medical Marijuana" »

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Posted In: Criminal Defense , Drug Crime , Drug Defense , Law & Information

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The Clayton County school board voted to fire a teacher accused of ordering a “hit” on a student, officials said. In a unanimous vote, the nine-member board decided to uphold the recommendation made in December by a tribunal to terminate the Mundy Mill High School teacher.

The teacher was arrested and charged in October with making terroristic threats against an 11th grade student in one of his classes. Authorities allege that the teacher asked whether the student was gay, then offered $50 to a classmate to "put a hit" on the student.

The student's attorney said the school didn't take action early enough to address the situation between his client and the teacher. The student is currently under psychological care and he had to change schools.

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Posted In: Criminal Defense

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A Cobb County judge ordered the suspect in a shooting spree at a Kennesaw truck rental company to be held without bond. An official of the company, Penske Truck Rental and Leasing, said that four of the five shooting victims were employees, and one was a customer. He said the victims were apparently chosen at random.

Police say the suspect opened fire at the truck rental company on January 12, killing two men and critically wounding three others. The suspect faces two counts of murder and five counts of aggravated assault.

Workplace violence is not new in Georgia. The Atlanta area has dealt with workplace violence on a much larger scale. In 1999, day trader Mark Barton shot 22 people, killing nine, at two different metro locations, this while also murdering his wife and two children.

Continue reading "Bond Denied for Suspect in Cobb Shooting Spree" »

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Posted In: Criminal Defense , Murder/Homicide , Violent Crimes

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Recently, deliberations of R&B singer, Ashanti, and her alleged stalker began in New York City. The man claims that he was just “sex texting” as a joke when he sent more than 30 messages with photos of male genitalia to the singer’s mother. The singer’s manager testified that the mother pulled Ashanti out of a rehearsal after receiving a text indicating that the sender had seen Ashanti’s car arrive at the theater.

The man is being charged with stalking and harassment. One juror said yesterday that the accused “clearly seemed delusional.” The juror was released from the panel last night, but still hopes that the defendant does not receive a conviction and gets the help he needs. The defense claims that it is not a crime to send pictures and text messages and that the accused was misunderstood.

Continue reading "Juror in Stalker Case Believes Accused to Be Delusional" »

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Posted In: Criminal Defense , Non-Violent Crime , Stalking

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New research indicates that New York’s juvenile detention centers fail to keep the youths secure and do not meet their treatments and services needed for recovery. This new information has underlined many juvenile justice advocates’ sentiments that the state needs to rethink its actions and responses to troubled youth.

Policymakers and prosecutors alike agree that New York should limit the number of juveniles sent to prison-like facilities and create more community-based programs for reducing youth crimes. These programs have statistically shown to be less expensive and more effective than the residential facilities. A shocking 89 percent of juvenile boys placed in residential facilities go on to commit further crimes. Roughly 1,600 youths are sent to these facilities each year, however, the majority of these youths have not committed serious felony crimes.

Continue reading "New York Juvenile Justice Under Review" »

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Posted In: Criminal Defense , Juvenile Crimes , Law & Information

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Dodge County sheriff’s deputies broke an alleged identity theft ring that has been operating in four counties. The 37-year-old man arrested is accused of receiving stolen property by using a license plate to conceal or misrepresent a vehicle’s identity. He is being charged with 56 counts of identity theft and two counts of receiving stolen property. Another possible conspirator was also charged in the case.

During the bust, Dodge County deputies discovered that the accused had several stolen vehicles as well as access to the owner’s Social Security and account numbers and keys obtained through his job as an auto parts delivery driver. The theft came to light when a Georgia state trooper saw that the vehicle identification and tag numbers did not match the 2008 Ford F-150 the man charged was driving when he had gotten into an accident.

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Posted In: Criminal Defense , Theft Crimes , White Collar Crimes

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Despite the strict laws intended to monitor registered sex offenders, Georgia has lost track of, or absconded, nearly 250 sex offenders from metro Atlanta. In an article by the Atlanta-Journal Constitution, many of these missing offenders were convicted of rape, kidnapping, molestation, as well as people who engaged in consensual sex acts with minors.

Over the years, there has been a growing controversy over Georgia’s sex offender registry in that the restrictive rules govern where offenders can live and work. Many advocates against sex crimes are concerned with the high number of missing offenders, especially since they feel that monitoring offenders deters attacks on new victims.

The sex offender laws are currently under review in the U.S. District Court in Atlanta. Lawyers prosecuting these laws declare that the state imposes vague and arbitrary restrictions on sex offenders that are unconstitutional. The law currently bars sex offenders from living within 1,000 of churches, parks, schools and day care centers, which some feel could be anywhere.

Continue reading "Atlanta Police Fail to Locate Over 200 Registered Sex Offenders" »

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Posted In: Criminal Defense , Sex Crime Defense

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According to an ajc.com article, an uncommon method was used by a judge in Cobb County as he by-passed the jury and issued a directed verdict. Based on the article, a 36-year-old teacher who confessed to having a sexual relationship with a 17-year-old student was determined to be not guilty of sexual assault. In supporting his decision based on witness testimony and other evidence, the judge declared that the relationship was “consensual.”

If the man in this case had been convicted of sexual assault, he would have faced 10 to 30 years in prison. The article reminds readers that the Georgia Supreme Court ruled in June that, in the event that a student is a willing participant, and, is 16 or older, the fact that the student consented can be a strong defense for a teacher facing a charge for sexual assault. The judge who issued the not guilty ruling stated that he suspects the Georgia Legislature to amend this law.

Being accused of a sex crime can have serious consequences on a person’s life, even before a case goes to trial, and perhaps even after a not guilty verdict is declared. Social scorn and loss of employment are some repercussions of a sexual assault charge, which can be especially harsh when minors are involved.

Continue reading "Teacher Charged with Sexual Assault Not Guilty in Cobb County" »

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Posted In: Criminal Defense , Sex Crime Defense

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On November 18, 2009, the bill supporting Leandra's Law was signed, now making it a felony to drive drunk while a child is in the car. The new legislation is named after an 11-year-old girl who was killed as a passenger in a vehicle driven by a drunk driver. According to a nydailynews.com report, the signing of Leandra’s Law has been referred to as one of the most difficult bills to turn around in the nation. In fact, it even stalled for weeks in the Democrat-controlled Assembly.

Residents and visitors of New York should also note that in addition to making it a felony to drive drunk with a child 15 or younger in the vehicle, Leandra’s Law also makes it mandatory for ignition locks to be installed in the vehicle of any convicted drunk driver. After an individual blows into the ignition lock device, it is able to detect whether that person has consumed alcohol. If the device picks up any trace of alcohol, then the driver will not be allowed to start their vehicle’s ignition.

In signing the bill, Governor Paterson stated, “These are the types of penalties that this state has needed for a long time.”

Continue reading "Leandra's Law Approved: Drunk Driving Penalties More Severe" »

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Posted In: Criminal Defense , DUI Defense , Law & Information

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According to an 11alive.com article, an unnamed accomplice and numerous Eastern Europeans have been indicted by a federal grand jury for allegedly hacking into an Atlanta-based credit card processing company (RBS WorldPay) computer network and thieving $9 million. Some of the charges filed in the indictment included:

• Conspiracy to commit computer fraud


• Computer fraud


• Conspiracy to commit wire fraud


• Wire fraud


• Aggravated identity theft

In relation to the above charges, the indictment alleges that the group utilized refined hacking techniques to create the data encryption that was implemented by RBS WorldPay to protect customer data on payroll debit cards. Atlanta’s RBS WorldPay and many other companies across the United States use payroll debit cards to pay their employees in which they can withdraw their regular salaries from an ATM.

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Posted In: Computer Crime , Criminal Defense , Law & Information

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There was much media attention over the recent search for a drunk driving suspect who was wanted for allegedly running over a deputy. According to a wtoc.com article, the man was found and arrested in Effingham County. Based on authorities’ statements, the man was stopped on US 1 for suspicion of drunk driving and allegedly failed a field sobriety test.

Before the deputy could arrest the suspect for DUI, the suspect reportedly jumped in his truck. When the officer tried to reach into the truck while the man began to drive away, the officer lost his balance and was run over by the truck after falling to the ground. Apparently, the deputy suffered major injuries and said that he had arrested this particular suspect many times before on alcohol-related charges. This time, the man may face charges relating to battery, aggravated assault, DUI, and perhaps even more offenses considering that he fled the scene of an accident and Police.

Drunk driving incidents in Georgia are not as clear-cut as many people may think. First of all, field sobriety tests can be unreliable in providing an accurate determination that a motorist is in fact intoxicated. In any case, if you find yourself pulled-over and are asked to perform a field sobriety test, you may have to perform the one leg stand, the horizontal gaze nystagmus test, and the walk and turn test. However, these tests are often left to the subjective interpretation of an officer. In some situations, a driver may not fully understand a test’s instructions or may have problems with all or at least one of the tests due to a physical disability, yet, he or she may still be arrested for drunk driving.

Being arrested for driving under the influence of alcohol or drugs can be an intimidating experience, especially when a person is not thoroughly familiar with his or her legal rights. In such situations, it may be in the best interest of a suspect arrested for DUI in Georgia to obtain the legal advice and representation of an experienced Atlanta DUI defense attorney.

Continue reading "Effingham County Arrest of DUI, Deputy Hit-and-Run Suspect" »

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Posted In: Criminal Defense , DUI Defense , Violent Crimes

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