Georgia Criminal Defense Blog

A recent op-ed in the Atlanta Journal-Constitution touches on the devastating effects entry into Georgia’s “draconian” sex offender database can have on lives and careers. The article, which follows a local man’s struggle to keep a valued employee – and a registered sex offender – on staff, exposes the many issues of HB 908, which seeks to reinstate the sex offender law that was tossed out in 2006 due to its unconstitutional limits on the lives and careers of sex offenders.

The article points out that the current bill does not distinguish between severe and low-risk offenders and fails to make sensible provisions for people who are barred from living where children congregate. If passed, the law could reinstate restrictions on where registered offenders live and work, a move that could actually increase public risk as some sex offenders fail to register with their local sheriff due to fear about the law’s impact on their lives.

Continue reading "Georgia Sex Offender Database Can Cripple Careers" »

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Posted In: Sex Crime Defense

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A recent Supreme Court ruling has further narrowed Georgia’s law concerning implied consent and DUI. The Georgia Supreme Court recently ruled that a Richmond County man, Harley Snyder, should not have been required to give over a blood sample that led to his DUI conviction in a fatal accident without a search warrant. Though Snyder could have been forced to undergo blood alcohol testing if the crash had resulted in obvious injury or death, nobody appeared to be injured on the scene of the 2004 crash, though a passenger died ten days after the accident occurred.

Georgia’s implied consent law used to require drivers involved in serious accidents to undergo drug and alcohol testing. However, recent probable cause cases and this Supreme Court case have served to chip away at the implied consent law, forcing officers to require DUI testing only when probable cause exists. This is good news for Georgians, whose rights to resist unreasonable search and seizure are endangered by the implied consent doctrine.

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Posted In: DUI Defense

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In a cautionary tale about the very serious nature of criminal suits for clients and attorneys alike, a Superior Court judge has ordered a couple and their attorney to pay more than $1 million in legal fees and court costs from a dismissed case. According to an article in the Atlanta Journal-Constitution, the lawsuit alleged sexual misconduct against Bishop Earl Paulk, one of Atlanta’s preeminent preachers in the 1980’s and 1990’s. Mona Brewer claimed in the suit that she had a 14-year coercive affair with Paulk, but the suit was dropped by the Brewers last July.

The judge entered the order Friday, January 22nd against Mona and Bobby Brewer and their attorney, for costs incurred by three different legal firms who defended Paulk in the Superior Court case.

Atlanta Sexual Misconduct charges are some of the most serious charges one can claim against another individual. The damage that these claims can have on an individual’s reputation can be devastating, regardless of whether the charges turn out to be true or not. A series of sexual misconduct allegations plagued Paulk’s work and as a result of this, he lost influence in the community, and eventually, his ministry.

Continue reading "Couple Ordered By Court To Pay $1Million In Legal Fees" »

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In an example of the worst kind of Atlanta Juvenile Criminal case, a 16 year old has been arrested and charged with four counts of aggravated assault in connection with two recent shootings at a MARTA bus stop in front of Atlanta’s McNair High School. The arrest came one day after the shooting of 15 year old student at the bus stop, located near the school’s entrance on Bouldercrest and Key roads, according to an Atlanta Journal Constitution story.

The boy, whose name was withheld by police, was picked up early on Wednesday for probation violation, said Dale Davis, spokesman for the DeKalb County School System. He was later charged with four counts of aggravated assault in connection with the school shootings. It was not immediately apparent if he was a student at Mcnair High.

The second shooting occurred first, and involved a 19 year old standing at the same MARTA bus stop Friday night. In that incident, students alerted officers at a basketball game inside the school that someone outside had a weapon. Moments later, as officers approached the bus stop, they heard two or three gunshots.

Continue reading "Teen Charged In Connection With School Shootings" »

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Posted In: Juvenile Crimes

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In a disturbing example of child molestation, a high ranking aide to Governor Deval Patrick’s administration was accused of sexually assaulting a boy in the steam room of a Florida resort, according to an Atlanta Journal Constitution report. Carl Stanley McGee, 38, the assistant secretary for policy and planning was arrested December 28th after the suspected assault and has since been placed on unpaid leave.

“Mr. McGee was placed on unpaid administrative leave effective January 7th pending the outcome of the matter,” a spokeswoman for Secretary of Housing and Economic Development Dan O’Connell, said in a statement.

McGee met the boy, who police said is between 12 and 16 years old in a bathroom at the resort a day before the incident occurred. The next day the two ran into each other in the resort’s steam room. According to the boy, McGee sat next to him, removed his towel, rubbed the boy’s back and shoulders and performed oral sex on him. The boy’s father contacted police after his son informed him of the incident.

Continue reading "Governor Aide Accused of Sexual Assault On Boy" »

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In an example of the serious nature of Georgia White Collar Crime, a McDonough man was sentenced to 10 years in prison for bank fraud on Monday, February 11th, according to an Atlanta Journal-Constitution report. U.S. District Judge Timothy Baiten also ordered the businessman to pay $5.69 million in restitution.

Jason Slaughter, 43 was president of S&W International Foods, a Forest Park Company that sold meats and freshly baked biscuits. He was charged with 31 felony counts of fraud for his part in a scheme to defraud Branch Banking & Trust of approximately $6 million. By manipulating accounts receivable and inventories by more than 200 percent he was able to obtain a BB&T line of credit for his company.

To justify the scheme, S&W kept two sets of financial books – one they showed to BB&T auditors, one that reflected the true financial position of the company. The phony financial numbers enabled Slaughter to obtain a loan his company otherwise would not have qualified for. When the loan defaulted, the company assets that Mr. Slaughter pledged as collateral were found not to exist. An investigation by the FBI found that the bank lost more than $5.5 million as a result of Slaughter’s fraud.

Continue reading "Businessman Sentenced To 10 Years For Bank Fraud, Must Pay $5.69 Million" »

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Two Peachtree City boys have been charged with manufacturing an explosive device after police say they injured a mail carrier with the device they put in a mailbox to get even with a local bully. According to an Associated Press news report, the teenagers – ages 15 and 16 – admitted that they planted the device in the mailbox.

Their names are not being released because of their age. According to the article, the boys threw one of the devices onto the porch of a home where the 17-year-old boy, the target of the attack, reportedly lived. The mailman then found another device that was placed in the home’s mailbox. He reportedly suffered minor chemical burns and an inhalation injury, the newspaper reports.

This is apparently a case where the boys, who were pushed around by this neighborhood bully, decided to get back at him by trying to pull off this prank and in the end landed themselves in a lot of trouble. Georgia Juvenile crime cases are complicated and can go from bad to worse very quickly without the expertise of an experienced and knowledgeable criminal defense attorney.

Continue reading "Teens Arrested On Suspicion Of Injuring Mailman With Explosive Device" »

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Police in Norcross say they are conducting an Internet child predator sting by using undercover officers posing as teenagers. So far, one person, 47-year-old Kenneth Edward Noland of Atlanta, has been arrested for sending a nude photo of himself to an officer posing as a teen and even setting up a meeting, according to an article in The Atlanta Journal-Constitution. Noland reportedly didn’t show up to the scheduled meeting, but was arrested on suspicion of furnishing obscene material to a minor, which is a misdemeanor, the newspaper reported.

What does this mean for Noland? If convicted, he will be mandated to register as a Georgia sex offender and cannot have unsupervised contact with minors. He is currently out on a $2,850 bond. Police say although he did not come to the meeting, sending out obscene material to an underage person is a crime. Investigators also told the newspaper that most of the men they communicated with broke off contact when they found out the posing officer’s made-up age.

According to Georgia law, electronically furnishing obscene material to minors is illegal if one knows or has good reason to know the character of the material furnished. This includes material such as pictures or photograph of a person or a portion of the human body, which is suggestive of sexual conduct or depicts sexual conduct, nudity or abuse. Written matter could also fall under this category.

Continue reading "Norcross Police Internet Sex Offender Sting Nets One Arrest" »

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An agent who works for the Drug Enforcement Agency (DEA) has been charged with driving under the influence in connection with an arrest last month, the local CBS news channel reports. According to officials, 29-year-old Lori Johnson hit another driver, 19-year-old Darrell Baxter on Dec. 19.

The news channel interviewed Baxter, who told a reporter, that he called 911 and told the dispatcher that Johnson had hit him and that she appeared to be inebriated. The agent “could hardly walk,” and was dressed as if she had been out partying, Baxter told the CBS news reporter. The agent also reportedly showed him her badge and informed him that she was in her company vehicle.

The article also said that the arresting officer wrote in his report that Johnson’s speech was slurred, that she smelled of alcohol, and that she could not find her driver’s license. The officer also reported that she had to use his patrol car to support herself and that she told him that she had consumed three or four drinks.

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Posted In: DUI Defense

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An Augusta man, who shot and injured a suspected burglar, found out this week that the district attorney could file charges against him. According to a news report posted on WRDW-TV’s Web siteThurman is shocked that he could possibly face criminal charges for acting in self-defense when he protected himself against an intruder.

Thurman told reporters that he didn’t shoot Jeffrey Whitt because he saw him break into his truck, but because of the uncertainty of the situation. Thurman says at the time, he did not know if Whitt was armed and dangerous. He also did not know if this intruder had other people working with him. As a result, he shot Whitt to protect himself and his family from imminent danger.

As Georgia criminal defense attorneys who have successfully defended those accused of violent crimes, we at Conaway & Strickler know that most people are bound to react in certain ways in the heat of a situation. What would you do if your wife and children were in danger? What would you do if it were a question of life and death? Very often, in these situations, you don’t have the time to make a calm, calculated decision.

Continue reading "Augusta Man Could Face Charges For Shooting A Suspected Burglar" »

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Posted In: Wrongfully Accused

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A DUI arrest can be quite embarrassing, especially if you are a celebrity or a city official in the public eye. The news channels are quick to thrust a camera in your face, but here’s a story that shows it’s even harrowing when the news and details of your DUI arrest are splattered all over the Internet.

According to a recent news article in the Atlanta Journal-Constitution , Alpharetta City Councilwoman Debbie Gibson, who was charged with DUI in March of this year, already has an entire Web site, www.duidebbie.com, dedicated to her DUI arrest. Not only does it have her booking photo, but also a link to a video of her field sobriety test and another link to audio where Gibson can reportedly be heard cursing her arresting officer. This Web site apparently has her tried and convicted when her actual trial in court just began last week.

Of course, you have to think that there is political motivation behind a Web site that attacks a politician in such a fierce, and seemingly vindictive manner. It all begins to make even more sense because Gibson is running for reelection. The DUI arrest turned out to be a great weapon in the hands of opponents to sling mud on her and being a public official, Gibson is fair game and there’s very little she can do about it.

The Web site was started by Alpharetta resident Jeff Berry, who updates it regularly. He says he wants to shed light on the councilwoman’s hypocrisy and show people that she is unfit to run for office.

This story, if anything, is a classic example of what a DUI arrest can do to a person’s life. This councilwoman has not even been proven guilty in court, but a layperson has already convicted her on the Internet, which goes to show the power the World Wide Web wields over our world today. It makes the job of Georgia criminal defense attorneys increasingly difficult. As for defendants, they could lose everything they worked for in an instant – their jobs, their reputation and even their driving privileges.

If you or a loved one has been charged with a DUI in the state of Georgia, contact Conaway & Strickler right away to discuss your case. Our years of experience, stellar track record in Atlanta DUI defense, expertise in DUI law and familiarity with local courts makes us your best shot at acquittal and clearing your name.

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Senators in South Carolina seem determined to move ahead with a DUI bill that would create a “tiered penalty system” for drunk drivers. This means, the more drunk you are, the stiffer the penalty. According to an article in the Augusta Chronicle , a legislative panel resumed work last week on the said DUI bill, which is being called a hot topic in the senate.

Under the current law, all drunk drivers are treated equally. Whether a driver is at or over the legal blood alcohol level of .08 or at twice or thrice the legal limit, they are handed out very similar punishment. Of course, the only way it would vary is if the person in question was involved in an auto injury accident or serious or fatal injury accident. In such cases the drunk driver could face a DUI and vehicular manslaughter charge.

South Carolina senators believe H3496 will overhaul the state’s DUI law. While the bill has already passed the house, it needs to get through the Judiciary Committee and the full Senate to become a law. If changed, a special committee of House and Senate members will meet to arrive at a version that will then proceed to pass and become law.

This legislation was reportedly stalled in the House last spring. Among the important issues that came up were whether police officers should have to videotape their questioning of a DUI suspect.

Continue reading "South Carolina Senate To Discuss Tiered Penalty For DUI Violators" »

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Posted In: DUI Defense

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