Friday, December 14, 2012
One of the many reasons that you need a lawyer is that you probably know
little or nothing about the judge in your case. Is he/she trustworthy? Is
he/she biased against certain types of litigants or cases? Is he/she the
type to have an affair with a witness?
You can't just walk into court and expect everyone to behave the way you
think they should behave and abide by your definition of "fair." Court is a
battle. It's confrontational, occasionally heated, and no place for an
Thursday, December 13, 2012
You have a Constitutional right to keep and bear arms, so says the Supreme
Court. For a city to oppose this is akin to the opposition to school
desegregation 50 years ago. Nevertheless, so pockets are bitterly clinging
to their gun bans and spending taxpayer dollars to fund their fool's errand.
Georgia (especially around Atlanta) has some squirrelly gun laws that
probably violate the Constitution. If you think your rights have been
violated, give us a call.
It IS state-sanctioned theft. Most civil forfeiture cases begin with a drug
case. Civil forfeiture cases are entirely separate cases with their own
case numbers, court dates and rules. Sometimes they will have the same
judge and prosecutors, but not always. You can lose your property even if
you win the underlying criminal case. In fact, their doesn't even have to
be an underlying criminal case. The police can take your property even if
they can't prove you did anything wrong.
In this remarkable case from Tennessee, police seized $22,000 from a man
simply because he couldn't prove where it came from. That's outrageous.
Your money is your money. You shouldn't have to prove that you got it
legitimately. Rather, the burden should be upon the government (police) to
prove that you didn't.
If you get involved in a case like this, please don't try to handle it
yourself. There are some deadlines and required filings that will kill your
case if you miss them. Call us. We can help.
Wednesday, December 12, 2012
Monday, December 10, 2012
Federal Judge Rules CAID Raid Arrests and Car Seizures Unconstitutional | ACLU of Michigan | Because Freedom Can’t Protect Itself
though you did nothing wrong? This happens more than you think. If it
happens to you, call us.
Thursday, December 6, 2012
It is troubling to me that the longest-serving US Attorney has been in
the job a mere eleven years. I have had the distinct honor of working
for two different elected prosecutors who had both been in office
longer than that before I joined their offices.
A good prosecutor is an important thing. At the state and local
levels, a good top prosecutor can easily last a decade or more and
often transcend political shifts that eliminate people from other
I wonder if we shouldn't decide that US attorneys get at least X years
regardless of who wins the Presidency 4 years from now.
Wednesday, December 5, 2012
It's always wrong to falsely accuse anyone of a crime, but something like
rape is especially horrible. At least they were kind enough not to put this
guy's name on the internet. Long before she confessed, though, she probably
enjoyed lots of attention and special treatment as a "victim" of crime that
I feel sorry for any man accused of rape. I've tried several rape cases in
my career. I'm always amazed at how closed-minded some potential jurors
are. I've had potential jurors say, "A woman would never lie about being
raped" and they mean it. I don't think they are just trying to get out of
jury service. I sincerely think that they are clinging to this
centuries-old idea that a woman who "admits" a rape is somehow lowering her
own reputation in the community, so a woman would never devalue herself like
that by falsely claiming rape.
That's just not the case anymore. Society accepts premarital sex as normal.
A virgin bride over 18 isn't expected anymore. Therefore, women are now
"free" to falsely accuse men they don't like of rape without lowering their
own standing in the community. Unfortunately, the older idea that a woman
would never do that persists in the minds of many potential jurors. Because
of that, men don't get trials that are as fair and balanced as they should
If you're facing charges like this, call me.
Tuesday, December 4, 2012
"We have never approved a checkpoint program whose primary purpose was to detect evidence of ordinary criminal wrongdoing. Rather, our checkpoint cases have recognized only limited exceptions to the general rule that a seizure must be accompanied by some measure of individualized suspicion. We suggested in [Delaware v. Prouse, 440 U.S. 648 (1979)] that we would not credit the "general interest in crime control" as justification for a regime of suspicionless stops. Consistent with this suggestion, each of the checkpoint programs that we have approved was designed primarily to serve purposes closely related to . . . roadway safety." Strickland v. Georgia, 265 Ga. App. 533 (2004) quoting City of Indianapolis v. Edmond, 531 U.S. 32, 41-42, 121 S.Ct. 447, 148 L.Ed.2d 333 (2000).
Adairsville Police Department established highway safety checkpoints Saturday around the city after several entering auto reports in the areas of Kuhlman and Lawrence streets. The checkpoints were conducted in an effort to reduce crime and apprehend criminals, according to an APD press release.
In other words, members of "law enforcement" aren't enforcing the laws they don't like, such as the ones that say roadblocks (or "checkpoints") have to be for a specific purpose related to roadway safety. Now, everyone in this line of work knows that almost every roadblock is really for the purpose of general crime, not roadway safety. (That's why these "roadway safety checkpoints" often have a drug dog at the scene.) But the police are always smart enough to lie and say that they are just out there looking for traffic violations.
Except in Adairsville.
Sunday, December 2, 2012
Judge Throws Out Case Against "Child Pornographer"
Good job, judge. Now the citizens of that town need to make sure their DA doesn't get re-elected.
In Georgia, pretty much ANY picture of ANY naked child for ANY reason (other than medical) counts as child porn. A teen who sends a single topless picture of herself to a boyfriend via internet or cell phone is committing a felony and can go to prison. People caught up in cases like this get branded "child pornographer" for life even if the charges are dismissed. Georgia's new "Restriction of Records" law (2013) may not help.
If you get caught up in a mess like this guy, call us. We can help.