RAPE, MURDER, ARMED ROBBERY & IDENTITY CRIMES

If charged and convicted of these type crimes, Armed Robbery carries a  mandatory minimum sentence of 10 years to serve without possibility of parole.

Rape and Murder carries a life sentence where eligibility for parole is not possible until 14 years of sentence has been served.

Other serious crimes such as rape, is a 90% crime where 90% of sentence has to be served before being eligible for parole. If it is a 20 year sentence, one must serve 18 years before parole consideration.

This lawyer has defended these types of cases where an offer of 15 years to serve on a plea without a trial and has acquired not guilty verdicts by a jury in less than an hours time.

Identification is where the victim states that the defendant is the one who committed the crime claiming absolute certainty as to the identification process.  In the state V Waters 2004CR-00520-7 Clayton County Superior Court, the victim claimed the defendant was less than 2 feet away from him when the defendant and another individual robbed him at gun point, giving police a complete physical description of the defendant.

The lawyer proved the identification process was flawed, where the defendant had facial hair, gold teeth and other distinct facial features that were never mentioned by the victim.  The defendant also had an alibi defense, at another place with collaborating witnesses when the crime was committed, showing the impossibility that the defendant could have committed the crime.

In the case of State of Georgia vs Pugh, case 2004CR-1672-5 Defendant was accused of shooting one victim four times, almost causing his death, and the shooting at two other individuals. Two of the victims positively identified the defendant as the shooter. The victims claimed seven shots were fired from the defendants revolver.

Anyone having knowledge of firearms knows a revolver holds six rounds. The shots claimed by victims indicated an automatic pistol or the possibility of several shooters.  The state offered the defendant 20 years to serve on a plea deal. The defendant rejected the offer and was found "not guilty" by a jury after ten days of trial, on all counts of aggravated battery and aggravated assault.

Fingerprints Left at Crime Scene

In the case of State of GA vs Bradford (2003) Clayton County Superior Court; The defendant was accused of burglary. The victim stated that the defendant dropped at the crime scene, personal bills, with account information, that only the perpetrator could have left at the scene during commission of the crime. Fingerprints were also lifted at the crime scene.  Defendant was offered 6 years to serve on a plea of guilty without a trial.

The lawyer showed the fingerprints didn't match the defendants. He found a witness that was home during the burglary that identified two person of another race that committed the crime.  After lengthy motions and forcing the states hand, the lawyer had the case dismissed before a jury was paneled to hear the case.

TRAFFICKING / POSSESSION

COCAINE/MARIJUANNA/METH

Many people get charged with V.G.C.S.A. (violation of the Georgia controlled substance act) by merely riding in a vehicle where drugs were found or in a residence of another while visiting the residence.

If a person has possession of 28 grams or more of cocaine or methanphetamines, he or she faces a mandatory minimum of 10 years imprisonment and a $200,000.00 fine.

This lawyer has defended such cases and had the cases thrown out of court before a jury could hear the case on a legal motion called "A motion to suppress evidence" from an illegal search and seizure from automobile stops and search warrants of ones residence.

In the case of State v McGuire 2004CR-0037-6 the defendant had 26 lbs of marijuana in his vehicle during a traffic stop of his vehicle.  This lawyer had the case thrown out on the filing of the motion to suppress evidence.  If convicted, the defendant would have faced imprisonment and a fine of $100,000.00

In the case of the State v Ordez 2005CR-02104-7 the defendant was driving his vehicle with over 80 grams of methanphetamines and charged with trafficking, facing a $200,000.00 fine and a minimum of 10 years imprisonment.

This lawyer showed by the motion to suppress evidence that the defendant was illegally stopped by police without committing a traffic offense in the officers presence and said motion was granted causing the case to be dismissed.

In the case of the State v Pope 2004CR-00541-6 the defendant was charged with possession with intent to distribute cocaine.  The defendant was walking when the police, without reason or suspicion that the defendant had committed a crime, stopped the defendant and searched his person finding over 17 bags of crack cocaine.

Again, this lawyer attacked the nature of the stop and search whereby his motion to suppress evidence was granted and the case thrown out and dismissed against the defendant.

These are just several listed cases that this lawyer has successfully defended in over 19 years of criminal practice.  If you are charged with a serious crime whereby your freedom could be taken away from you, wouldn't you want a lawyer that knows how to defend such cases?

Possession of any illegal substance whether marijuana, cocaine or heroin is a crime, which can result in severe consequences from the loosing of your drivers license for 6 months for simple possession of marijuana (a joint/blunt) to mandatory minimums from 5 years to 25 years and a $100,000.00 fine for greater quantities.

 

Charged with Drug Possession or DUI?

The first and formost question that needs to be asked is, "Did the police have sufficient probable cause for the search and or stop?"

If the police lacked the sufficient probable cause to search or stop the vehicle, your fourth amendment rights have been violated and this illegal search and seizure can be surpressed from being introduced into evidence against you!

The fourth amendment states: The right or the people to be secure in their persons, homes, papers and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particulary describing the place to be searched and the person or things to be seized.

This attorney has show the courts that an individual was illegally stopped while carrying twenty-six (26 lbs) pounds of marijuana and wrongfully arrested. A motion to supress evidence resulted in all charges against the individual being dismissed!

Drugs:
What happens to my drivers license if I am convicted of a felony or misdemeanor drug charge?

In a given five year period, the drivers license suspension is for a minimum of 180 days. No limited driving permit is available during this 6 month suspension.
Upon the second conviction in 5 years, the suspension is for 3 years with possible reinstatement after one year.

Upon the third conviction in 5 years, the suspension is for five years with the possibility of a limited driving permit after two years. If you are caught driving on a drug related suspension, you face a minimum fine of $750 up to a maximum of $5000 and a seperate 12 month jail sentence along with an additional license suspension. Pleading no lo contendere for a DUI/Drug case will not save your license!

First offender is not available in a DUI/Drug case.

What happens if I am pulled over for Drunk driving and I refuse to take a breath test?
Your drivers license will be suspended for one year and no limited driving permit is available during this one year suspension. There is a way to stop this one year suspension!!!

What happens if I plead guilty under O.C.G.A. 16-13-2(a) condition discharge statute is my license suspended?
No, unless the court wants the suspension of your drivers license be part of the probation, the court doesn not have to report this conviction to the DMV.

 

Yes, There are two pleas that can be entered to save your drivers license.

 

There is a mandatory minimum five or $500 and a jail sentence or two (2) days. If you plead guilty or convicted of driving on a suspended license, there is an additional license suspension of six (6) months from date of conviction and no limited work permit is available. The second conviction for this offense requires a ten (10) jail sentence minimum and up to one (1) year and a $1000 fine. Your drivers license will be suspended for another six (6) months. This conviction is now a high & aggravated misdemeanor with up to a fine of $2500. There is always a way to save your drivers license with a certain plea and the jail time may be suspended or probated!!!

 

If you have proof of effective insurance at the time of citation, the court will not suspend your license and a maximum fine of $25.  If found guilty, the license will be suspended for 60 days from conviction date. A second in five years, the suspension is for 90 days.