Georgia Criminal Defense Lawyer Blog

In Atlanta, Georgia, two TSA security screeners and one Delta Airlines employee appeared in federal court yesterday after being indicted on drug charges. The charges are based on their alleged involvement in agreeing to help courier drugs on Delta flights from Atlanta to New York. The arrests, and the recent indictment, are the result of a undercover investigation by federal agents in Atlanta.

The Atlanta Journal Constitution has the story. So does the Atlanta Business Chronicle. The arraignment was also covered by the local Atlanta tv news media.

It appears the charges relate to an undercover operation by the DEA. A DEA agent convinced a TSA employee to help smuggle suitcases containing drugs through the security checkpoints and deliver them to a Delta employee. The Delta employee would then fly the suitcases to the undercover source in New York. The DEA apparently used fake drugs in the sting. According to the criminal complaint, the price for the delivery was $8,000 for two suitcases in the first deal. There were apparently two other transactions with the same DEA agent.

Apparently, this is not the first time Delta employees have been charged with smuggling drugs. Here is a story from the New York Times in 1997.

These are serious charges in federal court. Depending on the quantity of drugs involved, there may be mandatory minimum penalties of 10 years and up. Heavy fines are also a possibility. Losing their jobs is almost a certainty.

Defense lawyers for the defendants were able to secure bond for the three, and they are likely out of jail now and awaiting another court date. In federal court, at least in Atlanta, there is usually a pretrial conference shortly after the arraignment to determine if there are any substantive motions that need to be heard prior to trial. It is also a good opportunity for the defense attorneys to make sure they have all the evidence and other discovery materials that the government must provide pursuant to the federal criminal rules.

The fact that the government did not ask for detention for these defendants suggests that case may be resolved for something less than the mandatory minimum sentences. That usually happens only when the defendants cooperate with the government, or when they have no prior convictions and qualify for "safety valve" treatment under the federal sentencing guidelines.

Of course, that all assumes that the government can prove its case. As we have learned in several other federal cases, the facts are not always as they appear from reading a criminal complaint. But those facts do make interesting headlines. And blog topics.

Our law firm was retained last week to represent one of the U.S. Army Rangers in a federal criminal case currently pending in Atlanta, Georgia. The arrest of these soldiers was widely covered by the Atlanta and national media. Here is the story from CNN.

We have not been in the case for very long, so it wouldn't make sense to comment on the facts. But from what we've read in the press and public court records, it appears that the ATF (Bureau of Alcohol Tobacco and Firearms) set these soldiers up to commit a crime that the soldiers would never have even imagined had the ATF not been involved. The ATF came up with the idea, and then actively recruited people to join in. Apparently, the ATF did not initially succeed in convincing anyone to do this, so they kept on trying.

There is no dispute that these soldiers all have honorable service records. Our client has absolutely no criminal record, and has served several combat tours. He is well-liked, respected and valued by his fellow soldiers and superior officers. Everyone who knows him has a very hard time believing he would be involved in something like this. So do we.

The charges are very serious - drug conspiracy and firearm offenses that carry mandatory minimum sentences of 15 years and up. But it appears to be a very defensible case from what we know, especially in regards to our client's alleged involvement.

The other soldiers are also represented by capable federal criminal lawyers and well-regarded Atlanta defense attorneys. We are pleased that everyone involved in this case will be defended by an experienced federal lawyer. It is incredibly important to know both the federal rules and the federal sentencing guidelines when defending federal drug and firearms charges. All the defense lawyers in this case have certainly been around the block, and we feel sure they will represent their clients well.

This should be an interesting case, but our ability to cover it in this blog will be limited since we are directly involved. But I expect the Atlanta media will be following any major developments. So stayed tuned.

This story in the Atlanta Journal Constitution raises more questions than it answers. There is still a lot about the Chief's "retirement" that remains a mystery. But one thing is for sure, he's gone from this department.

This story is especially interesting because this police department was one of the first (if not the first) department to start bringing these computer sex chat cases in Georgia. And they are still doing it. In fact, we have an internet sexual exploitation case currently pending in Fayette County, Georgia that was investigated (actually, initiated) by this department in Peachtree City. It may go to trial next month.

We have successfully represented many people charged with computer sex crimes, including sexual exploitation of children and computer child pornography. We have a dozen of these cases pending in different parts of Georgia, and we expect to be successful in our case in Fayette County as well.

Although sexual exploitation cases can be challenging, we have been successful in resolving several of these cases for probationary sentences. The key is extensive pre-trial preparation. Our law firm usually hires a computer forensics expert to assist us in evaluating the authenticity of the chats, and then we consider entrapment and other legal defenses. The character of our client, and the lack of any criminal history, also helps. I have heard from some of our clients that many defense attorneys simply want to give up when faced with computer pornography or sexual exploitation charges. But these cases can be won. It just takes a lot of time, effort and relevant experience.

I doubt that the Chief's "retirement" will have any effect on any pending case, or the future of these prosecutions in Georgia. It does show, however, the problem with interpreting online chats and conversations. Maybe this Chief now understands how emails and chats can be taken out of context.

And the winner is...

Judge Jim Bodiford from Cobb County, Georgia. A no-nonsense judge with a lot of experience in handling death penalty cases, including high-profile trials.

The Atlanta Journal Constitution covered the announcement. I was also interviewed about this selection on WABE FM 90.1 in Atlanta, the local public radio station.

Some defense lawyers may not like Judge Bodiford, but no one can deny his experience, especially in this type of criminal case. He is probably the best choice considering the difficulties that have arisen in this case, and the need to get it tried before the entire indigent defense budget in Georgia is exhausted.

Another thing about Judge Bodiford that makes him a good choice for this case is his genuine love of trials. From what I have seen, this judge truly enjoys his job and likes to preside over interesting trials, especially when experienced and talented lawyers are involved. He usually lets the lawyers try their case, but knows how to keep control of the courtroom.

I expect Judge Bodiford to waste very little time in resolving the pending issues and setting a trial date. The change in judges won't guarantee a fair or speedy trial, but it may at least move this case forward.

It's about time.