Working with my clients has taught me better than any philosophy class that as human beings we are all innately fallible. As a criminal defense lawyer I have no need to be reminded that “to err is human”– I see it every day. My clients are people like these:

· Sasha, on scholarship to an exclusive private college in Boston. Under pressure to conform to the lifestyles of her wealthy friends, she succumbed to the pressure to shoplift a party dress “just this once.” The store’s policy against selective prosecution landed Sasha in jail and sent her parents frantically seeking legal advice.

· Joe, a contractor, family man, and supporter of his local law-and-order politicians. When the police pulled him over one evening for failing to stop completely at a stop sign, he failed a breathalyzer test and found himself in jail on a Georgia DUI charge.

· Martha, a single woman in her twenties who worked as a bookkeeper. When she resorted to “borrowing” from the company accounts to pay some overdue bills, the company fired her and had her arrested.

· Jerry, a long-distance trucker with a wife and two kids. The pressure to provide “just on time delivery” for his big corporate clients led Jerry to boost his drive time with crystal meth. Stopped for a moving violation, Jerry couldn’t hide the signs of habitual drug use from the officer, who arrested him and took him to jail.

· Bill and Dana, a married couple who got into a fight one night. She got so angry that she threw a glass at him. When he shouted and threw her onto the couch, she called 911. When the police came to find the fight had blown over, but because of a Zero Tolerance arrest policy they still charged Bill with battery and Dana with aggravated assault.

Popularized in a vast array of television shows – “Law and Order,” “CSI,” “Cold Case,” “COPS,” and “Nancy Grace,” to name a few – as white-knight police and prosecutors battling wily criminals with slick defense lawyers, the criminal justice system is widely misunderstood by the average American. The “good guy – bad guy” image is reinforced by politicians of every stripe vowing to be “tough on crime” and by special-interest groups promoting Zero Tolerance policies on the streets, in the schools, and in the workplaces. What most Americans fail to realize is that the effect of our law-and-order political philosophy has been the passage of many more criminal laws, broader definitions of what constitutes a crime, greater restrictions on civil liberties, and harsher punishments.

In the many years of defending individuals charged with crimes, Dan Conaway of Conaway & Strickler, PC has found that most of his clients have never been arrested before, or have had only minor previous infractions. Instead of hardened offenders who know how to “beat the system,” as they are portrayed on the television shows, many people questioned or arrested by the police are just ordinary individuals who have run afoul of the law. They are nearly always terrified, confused, and completely ignorant about what to do next. What’s more, because the ramifications of a conviction – even for a minor offense – have increased exponentially over the past two decades, a single misstep early on can lead to disastrous results.

First, courtrooms are more crowded than ever before, and judges and prosecutors are often overworked and overwhelmed. America’s criminal justice system has grown into a huge industry – the “prison-industrial complex” -- that provides millions of jobs and massive amounts of tax revenue for states and counties. Criminal justice is the one area besides the military where politicians today can advocate for bigger government and more taxes and get elected.

Second, prosecutors and judges no longer have the independence to exercise discretion in prosecution and sentencing that they had a generation ago. Powerful special interest groups spend millions of dollars monitoring conviction rates of judges and prosecutors across the country. Officials who do not live up to the conviction targets of organizations such as Mothers Against Drunk Driving (MADD) face a very real threat of losing the next election. If you appear in their courtroom and they show you any leniency, their jobs may be on the line.

Finding a job with a conviction on your record has become much harder than it used to be. Corporate employers and franchisers employ companies that specialize in doing computer background checks to “weed out criminals.” These big corporate employers are not like the local mom-and-pop businesses that once might have given you a second chance. If you have a crime on your record, there is an excellent chance you won’t be hired.

Even high-ranking government officials may have trouble reentering the workforce following a criminal conviction. Former Assistant Attorney General Webster Hubbell went to jail for refusing to testify against President Clinton. When he got out, his troubles were not over. He found that many companies will not hire a convicted felon because their insurers will drop their coverage if they do. Insurance companies also may decline to issue necessary coverage – such as property or malpractice insurance – to someone with a criminal record who wants to start their own business.

The Internet leaves those with a conviction – or even an arrest – on their record vulnerable to retaliatory attack. Today we are seeing the rise of the cyber-vigilante, who posts information about people’s private criminal information on-line. In cyberspace, there are no secrets and no second chances.

Call the Georgia Criminal defense attorneys at Conaway & Strickler, PC now to avoid a conviction.

The law will become effective in February. Among other things, this law will also stop requiring officers to have to read the Miranda’s rights three times. According to police officers, that provided a way out for offenders who would avoid conviction by pointing out that the arresting officer missed one reading. The law would also get rid of community service as a sentencing option for repeat offenders. In addition, suspects who refuse to take a blood alcohol test could have their license suspended for six months instead of 90 days.

One of those patients filed a lawsuit against the dentist March 26 alleging he was physically abusive to her during a visit in May 2006. The suit accuses Austin of extracting the patient’s teeth without sufficient anesthesia and then hitting her in the face with a heavy metal object when she tried to resist. Austin’s defense attorney is saying that the woman’s account of events in the civil lawsuit, are “erroneous.”

The violent crime defense attorney says his client has a spotless track record of serving as a doctor in the community. Austin is of course innocent until proven guilty and that’s what many of us forget when it comes to criminal cases. Accusations that are horrible are just that – accusations. No one has testified to them under oath. Allegations are just statements made by people until they are proved in a court of law before a judge or a jury.

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.

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.

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.

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.

Police arrested Christopher Wade Payne after he crashed into 41-year-old Annie McKelly’s van. The Marietta woman was driving with her 10-year-old twins – a boy and a girl in the back seat of her 1993 Plymouth Voyager. Both children were taken to an Atlanta area hospital. The girl had a broken ankle, but the boy had serious head injuries, the newspaper reported. Another sibling, a 11-year-old boy who was in the front passenger seat, was not hurt, the article said.

According to the newspaper, Cobb Police officer M. K. Smith was on his way home when he spotted Payne driving erratically. The officer alerted his colleagues using a walkie-talkie about the man he suspected to be a drunk driver. Patrol officers within minutes tracked down Payne’s truck and tried to make a stop. But Payne seemingly took off in a panic, ran a red light and hit the family’s van.

Payne was charged with driving under the influence, attempting to elude officers, aggravated assault on a police officer and serious injury by vehicle. Payne was also reportedly driving a stolen truck. Officials said Payne was a “habitual DUI violator.”

This person clearly did something you DO NOT do when an officer tries to stop you, which is to take off and trigger a pursuit. This type of behavior does nothing but worsen the already bad situation you are in. Even when you are stopped on suspicion of a DUI, the least you can do is be courteous to the officer. Getting into a fight with the officer is a sure ticket to get to jail sooner. Understand that you don’t have the right to an attorney right away. But what you do have the right to do is refuse to take a field sobriety test.

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.

“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.

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.

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.