What these statistics indicate is that the criminal system is doing little to stop drug use among Atlanta men. Instead of putting someone in front of a judge and sending him or her to prison for marijuana possession, using a drug court or an alternative sentencing system does more to break the cycle of drug use. Both President Obama and the director of the national drug control policy believe that merely putting someone in prison on a drug charge will do little to prevent him or her from getting in trouble again.
]]> In fact, the director has said, "We cannot simply arrest our way out of the drug problem."The push for treatment through drug courts and alternative sentencing coincides with other research that indicates that drug use can change a person's brain, making it difficult or impossible to restrain oneself from using. Locking someone up does nothing to teach drug users how to control their urges and stop future drug use, it merely cuts them off from their supply of narcotics. Many will go back to using drugs after release.
Instead, approximately 70 percent of people who have gone through drug court will never have a run in with police again.
Getting into a drug court and treatment program often requires the skill of an experienced drug charges attorney. Without a strong advocate, many people arrested in Atlanta on drug possession charges will find themselves locked up without treatment.
Source: MSNBC, "Report: Marijuana use grows, cocaine falls among men arrested in 10 US cities," Jim Gold, May 17, 2012
]]>Although it may seem like common sense to find out just who these people are before they commit a violent crime like murder, not all sociopaths are violent. With the widespread social stigma against psychopaths in Atlanta and across the country, it may actually be more detrimental to diagnose someone with sociopathy.
]]> The moment the public finds out that there are sociopaths throughout Georgia, the more likely it will be that they will be suspected of every violent crime that happens. In addition, those sociopaths who are already on trial for a crime will face a difficult time convincing a jury of their innocence.The New York Times reports that roughly 1 percent of people are psychopaths, but not all psychopaths are violent. Many merely exhibit psychopathic behavior without doing any harm to others and it is unclear what kind of damage a psychopathic diagnosis would do to a nonviolent person.
Some psychologists are looking into whether it is possible to diagnose children as prepsychopathic in an effort to treat them. This kind of treatment may be extremely beneficial to both the child and the community, but some see a diagnosis as causing more trouble than good. As one professional put it, "No one is sympathetic to the mother of a psychopath."
Source: The New York Times, "Can You Call a 9-Year-Old a Psychopath?" Jennifer Kahn, May 11, 2012
]]>Two high-school students have recently been arrested and charged with a Class D felony after police say they videotaped up their teacher's skirt in the classroom and now could be facing one to five years behind bars. If this were to happen in Atlanta, the young men could potentially also find themselves on the sex offender registry long after they have left prison.
]]> The question, of course, is whether it is appropriate to send two teenage high-school students to prison for up to five years and then put them on the sex offender registry. Being a convicted felon and a sex offender would make it extremely difficult for the young men to get an education, find a home or a job. Members of their community will make assumptions about them and their behavior as they try to make a life for themselves after prison.Investigators have said that the young men were in class when one of the suspects asked his teacher for help. While the teacher was bent over and helping the student, the second suspect used a cellphone to shoot a video under their teacher's skirt.
Source: CBS News, "Ky. students used iPhone to video record under a teacher's skirt, police say," Edecio Martinez, May 11, 2012
]]>A 67-year-old Polk County, Georgia, man was recently arrested after prosecutors say he sexually abused his step-daughter in 1969. The man has been charged under sexual assault statutes from the 1960s -- forcible carnal knowledge and capital rape. It is unclear if these statutes are still in existence today.
]]> According to the charges, the man first had sexual contact with his then-step-daughter when he was merely 24-years-old. The now-54-year-old woman claims that they continued to have a sexual relationship until the man was 28-years-old, which is when he and her mother divorced.Since his arrest in late April, the man has been taken to the Polk County Jail. Investigators are saying that he has confessed, but it is unknown if he had an attorney with him at the time or whether his rights were fully explained to him. Everyone charged with a crime has the right to an attorney and there is no requirement that they must speak with police. In fact, many Georgia criminal defense attorneys would say that anyone accused of sexual assault should not speak with police before consulting with a lawyer.
Source: Bay News 9, "Arrest made in 43-year-old child sex abuse case in Polk County," Laurie Davison, April 20, 2012
]]>According to information provided by the Georgia Bureau of Investigation, the number of justifiable homicides by private citizens averaged seven per year in the three years prior to the law's passage, while the five years since have seen an average of 13 per year. Such homicides involving police officers decreased from 6.1 per 10,000 in 2000 to 5.4 per 100,000 in 2010. Another way of looking at these numbers is that the murder rate in Georgia has decreased since the law's passage.
]]> It isn't exactly clear how much the statute has actually affected murder rates, or to what extent if it has. It is possible that more accurate police reporting and other factors have contributed to the shift.Under the law, when a homicide is justified by self defense, judges are allowed to grant defendants immunity long before trial begins. Investigators and prosecutors, intent on seeing their cases through, routinely scrutinize claims of self defense heavily, on a case-by-case basis.
While some self-defense claims are relatively clear-cut, others are more complex. Sometimes there isn't enough information for investigators to tell exactly what led to a killing. In less clear cases, prosecutors may decide to pursue murder charges without sufficiently taking the possibility of self defense into account.
From a defense perspective, when a person is facing a charge as serious as murder, it is important that prosecutors be held strictly to their burden of proof, which is to show that the evidence supports the charges beyond a reasonable doubt. It is the task of a defense attorney to ensure that the defendant's side of the story is told, that his interests are protected, and that the best defense possible is presented.
Source: Athens Banner-Herald, "Justifiable homicides in Ga. increase after law," Greg Bluestein," May 4, 2012
]]>All of these questions will need to be answered in two Henry County men's trials for robbery and it will be up to the men's lawyers to show that these men are just as innocent as the people who police and the Henry Daily Herald have labeled as victims.
]]> The two men were arrested on suspicion of robbing a home in Stockbridge. Although it does not appear that the men actually took anything from the house, they have been arrested and charged. As opposed to the occupant of the house who was caught fighting with one of the suspects or the neighbor who shot at them, the two men who have been arrested will face a judge and jury to determine whether they were trying to rob the homeowner. It does not appear that Henry County police have charged either the neighbor or the homeowner with any crimes.It is unclear what evidence links the two men to the suspected robbery.
Unfortunately, robbery is an extremely serious crime and if these two men are convicted, they could face years behind bars. It is extremely important that they hire an experienced and strong criminal defense attorney to help clear their names and avoid an extremely harsh jail sentence.
Source: Henry Daily Herald, "Police arrest 2 in home invasion, another sought," April 20, 2012
]]>Sadly, these mistakes happen, but they can mean the difference between spending years in prison and continuing to live your life as a free Georgian. After a blood test was discovered to be incorrectly performed and reported, speculation has arisen as to whether other blood tests may have wrongfully convicted motorists.
]]> A blood test is meant to determine a driver's blood alcohol content and whether the driver is legally intoxicated, which is often crucial in a Georgia repeat DUI case. This means that if the laboratory technician who tested a suspect's blood sample messed up or failed to correctly record the results, the prosecutors may receive evidence that wrongfully indicates the driver was drunk.Early last month, an independent test confirmed that a suspect's blood alcohol sample was inaccurately analyzed and reported. Now, all of the 1,700 blood tests that this technician has done are being retested to determine how many were done wrong. Thus far only 250 have been retested and 10 had inaccurate results. It is unknown how many more people may have been affected by this technician's poor accuracy.
Source: CBS 4 Denver, "Samples From DUI Cases being Re-Tested," April 20, 2012
]]>Many people in McDonough may have heard about the Mexican vice consular who was released after Atlanta police were told that he had partial diplomatic immunity. The vice consular works at the Mexican Consulate General in Atlanta and has many of the same immunities and privileges that any other diplomats in Georgia have.
Police say they pulled the vice consular over for drunk driving in Atlanta after they clocked him driving 91 mph and with a blood alcohol level of 0.126. While very few people in Henry County have diplomatic immunity, anyone in Georgia has certain rights when pulled over by police.
]]> First, police can only stop someone if they have sufficient cause; officers can't stop a driver just because they want to. It is only if an officer sees a driver commit some sort of crime or traffic violation or believes that the driver may have committed some sort of crime that he or she can generally stop the car.So, when can the officer ask the driver to take a field sobriety or breath test? Imagine being pulled over for a broken tail light or changing lanes without a turn signal; these kinds of minor infractions don't give officers enough of a reason to ask you to step out of your car and do a field sobriety test. The officer would need to have some sort of evidence or indication that you had been drinking. Officers will sometimes list glassy eyes, slurred speech or the smell of alcohol as the reasons why they decided to administer a breath test.
Luckily for the Mexican official, he couldn't be criminally charged with drunk driving in Atlanta, but he was given misdemeanor citations. It is unclear what will happen next to him or how much his diplomatic immunity will cover.
Whether it is diplomatic immunity or the rights guaranteed under the Constitution, determining what police can and can't do is difficult. It is best to seek clarification from a criminal defense attorney if you have any questions.
Source: The Atlanta Journal-Constitution, "Diplomatic immunity keeps Mexican official out of jail," Christian Boone, April 24, 2012
]]>An Atlanta lawyer is now asking the Georgia Supreme Court that exact question as he advocates for his death-row client. In 2002 his client allegedly killed his best friend in what appears to be a drunken stupor and after his friend started a conflict. The lawyer says that, based on a study by The Atlanta Journal-Constitution, the Georgia Supreme Court has failed to consistently apply the death penalty and is asking that his client's sentence be commuted.
]]> When many people think of the kinds of crimes that end with capital punishment, they think of brutal, vicious and premeditated murders, but the man at the center of this case is facing the death penalty for something much less malevolent.The Atlanta Journal-Constitution reports that the two friends had been heavily intoxicated after a long night of drinking and blacked out in a pair of chairs. When the two men got up to use the bathroom, the still-drunk friend ended up urinating on the suspect's television. When he went into the bedroom to defecate, the man on death row's wife asked him to leave. The friend swore at her and her husband emerged from the bedroom and hit his friend in the head.
It is clear that the man was very drunk and provoked when he beat his best friend and when he eventually shot him. What is odd, however, is that there are relatively few cases like his that have ended with death sentences. Those that have are also under review.
Source: The Atlanta Journal-Constitution, "Lawyer wants death sentence tossed," Bill Rankin, April 16, 2012
]]>Violent crimes in metro Atlanta often get the most coverage and when someone is accused of committing an assault or violent crime against a law enforcement official, it seems that prosecutors try very hard to get a conviction. Sometimes, however, it goes too far. After prosecutors convicted a man in a Georgia federal court, they went back for more, appealing the case and asking for a harsher sentence.
]]> Unfortunately for the 33-year-old man, an appeals court agreed with the federal prosecutors and overturned his previous 10-year sentence in favor of a 17-year sentence. The man had previously been convicted after prosecutors say he tried to use his Cadillac Escalade as a weapon against federal marshals who were trying to arrest him.In January 2007, the 33-year-old man was seen at a gas station in Sandy Springs, Georgia, and federal marshals attempted to take him into custody, as he was a suspect in an out-of-state incident. The Atlanta Journal-Constitution says that the man tried to outrun officers and that he used his Cadillac to smash his way through a blockade of patrol vehicles. The suspect also used his car to ram into a pursuing U.S. Marshal's vehicle.
Despite receiving a conviction for his alleged involvement, the man has had to go through a round of appeals only to receive a harsher sentence. Whether it is because of the sensationalism that violent crimes attract or because the alleged crimes took place against law enforcement officers, prosecutors targeted this suspect for severe punishment.
Source: The Atlanta Journal-Constitution, "Man who used Cadillac as weapon gets 17 years," David Ibata, April 16, 2012
]]>These new marijuana drug charges could be a little difficult for people to interpret, however, calling into question whether the law is defined well enough. This is the legislature's third attempt at criminalizing synthetic marijuana and it has used broad, general language to potentially capture a lot more varieties of synthetic compounds that could be created in the future.
]]> The problem is, of course, that if the law is too general no one will know what they make or own is illegal or not. If a manufacturer can't determine whether its product will fall under the umbrella of prohibited synthetic marijuana, should it really be held responsible for a criminal violation if police later determine that it has broken the new law? Similarly, someone may think the synthetic compound that he or she buys is legal but finds out later that it is not.These compounds act much like the chemical found in marijuana, THC. The synthetic varieties will attach to the same receptors as the THC would and the compound can be added to dried plant material.
Synthetic marijuana had previously been sold as incense in gas stations and head shops.
Source: The Marietta Daily Journal, "Synthetic pot illegal -- again," April 8, 2012
]]>Atlanta Braves pitcher Christhian Martinez was recently arrested for DUI when he was pulled over by police in Gwinnett County and had trouble understanding the English-speaking officer. The Dominican Republic native was stopped by police when he was driving on Interstate 85 at 40 mph at approximately 2:45 a.m. It seems that it was his slow driving that originally caused concern to the officer.
]]> The arresting officer said that it was only after he stopped to talk to the pitcher that he decided to give him a breath test. Apparently the pitcher had bloodshot and watery eyes, but the officer did not just chalk it up to the late hour. Instead, he requested that the pitcher step out of the car and take a breath test. Police also reported that the man's eyes were glazed and that he was slurring his words.The officer quickly realized that the pitcher was having trouble understanding him and that the misunderstanding had nothing to do with alcohol consumption. Rather, the pitcher did not know enough English to properly answer the police officer's questions. Sources believe that this language barrier complicated the arrest.
It is important that anyone in Georgia who is arrested for driving drunk is only arrested because the officer has enough credible evidence to show that the driver was drunk, not because of a language barrier.
Source: CBC Sports, "Atlanta Braves pitcher Martinez charged with DUI," April 2, 2012
]]>The 24-year-old coach has been detained by Atlanta police and one of the charges he is facing is possession of marijuana and cocaine. While The Atlanta Journal-Constitution reports that he has been charged with drug crimes, it is unclear exactly how police claim they found the drugs and whether the search that uncovered the contraband complied with the Fourth Amendment. It is likely that this information will be further flushed out in his trial.
]]> Atlanta police are also saying that the man raped a 23-year-old woman after he brought her and her friend to his apartment. The woman told police that she and her friend met the tennis coach as they were leaving a bar and that he invited them over. The two women then followed the tennis coach home.The details about what happened next are vague and there is little information available about the supposed sexual assault. Police say that both women were in the apartment and that the 23-year-old was having trouble remembering what happened. She says that after arriving at the apartment, the next thing she remembers is having sexual intercourse with the coach while her friend was apparently in the apartment. What is unclear, however, is what happened in the interim.
Source: The Atlanta Journal-Constitution, "Tech tennis assistant charged with rape," Ken Sugiura, March 26, 2012
]]>Imagine driving along the streets of McDonough after having one drink too many. If you are pulled over by police, you may be arrested if the officer thinks you are too impaired to drive, even if you are under the legal limit. The typical procedure would be to keep you until you have sobered up, but now police officers and jailers may be able to subject you to a strip search before admitting you into jail.
]]> The federal court's decision was extremely close, but it ultimately came down against those suspected of a crime. According to the Court, even though a "close visual inspection while undressed" is an extremely invasive search, the Fourth Amendment doesn't protect against strip searches. Even someone arrested for the most minor of offenses can be strip-searched.The dissenting justices interpreted the Fourth Amendment to require police of jail officials to have reasonable suspicion that a suspect was trying to smuggle in contraband into the jail before requiring that he or she be strip-searched. Despite the litany of cases in which people accused of the most peaceful of offenses underwent a strip search, the court ultimately held against defendants in criminal cases.
Law enforcement officials applaud the Court's decision and believe this flexibility will increase jail safety, but many people and organizations are concerned that this humiliating practice may become standard for anyone and everyone admitted to jail.
Source: The New York Times, "Supreme Court Ruling Allows Strip-Searches for Any Arrest," Adam Liptak, April 2, 2012
]]>The teenager that police are saying was raped by the woman was almost 16-years-old and to the age of consent in Georgia when he apparently had sexual intercourse with the woman. The Atlanta Journal-Constitution reports that the woman has said she is in love with the young man and it does not look like the teenager was forced into the relationship.
]]> What makes this story more complex, however, is that the woman has since given birth to a child and says that it is the teenager's. The teenager's aunt and guardian has been very vocal about determining whether the child is actually her nephew's and has requested a DNA paternity test. While she waits for the test results, she has been working hard to have the woman punished for what she calls sexual abuse.The aunt told The Journal-Constitution that the woman believes her nephew wants to continue a relationship with the woman. The nephew was not available for comment.
The woman has since been arrested and is awaiting trial for statutory rape and child molestation. These are serious crimes that require a strong defense, one that only a criminal defense attorney can provide.
Source: The Atlanta Journal-Constitution, "Woman, 33, held in rape of 15-year-old boy," Christopher Seward, March 29, 2012
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