Georgia Criminal Defense Lawyer Blog

Earlier today, the Georgia Supreme Court struck down a portion of the Georgia sex offender registration statute. The Court found that the statute is unconstitutionally vague because it does not sufficiently inform homeless persons how to register if they have no residential address.

The Atlanta Journal Constitution has the story. A copy of the full opinion can be found on the Georgia Supreme Court website.

This decision is especially important to William James Santos, the man who brought the legal challenge. He had been sentenced to life in prison because it was his second conviction for failing to register. An unfortunate and ridiculous result of the mandatory penalties of this statute.

We'll soon see how the Georgia legislature attempts to deal with this rejection of one of its most poorly drafted and confused laws.

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Posted In: Georgia Criminal Law , Sentencing and Prisons , Sex Crimes

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On Friday, the Eleventh Circuit Court of Appeals (the federal appeals court in Atlanta) issued a stay of execution for Troy Davis. The Atlanta Journal Constitution has the story.

This is a great victory for Mr. Davis and his lawyers, but it is only temporary. The defense lawyers will now have to file briefs to convince the appeals court that Mr. Davis deserves another appeal.

Considering the fact that seven of the state's nine key witnesses against Mr. Davis have recanted, the appeals court should give serious consideration to the defense lawyers' request for permission to pursue another habeas petition on the grounds of actual innocence. An evidentiary hearing is the best way to test the credibility of the witnesses' testimony and review any other evidence suggesting that Davis may actually be innocent of this crime.

Davis' lawyers have 15 days to file their written brief. The State has a right to file a response brief 10 days after that.

The question for the court will be whether Davis' lawyers have shown that there is clear and convincing evidence that Davis is actually innocent, and that such evidence could not have been discovered earlier. It is a difficult standard, but one I am sure Davis and his lawyers are anxious to try to meet.

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Posted In: Georgia Criminal Law , Sentencing and Prisons

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The Cobb County Police Department has added a Light Armor Vehicle (LAV) to its arsenal. The LAV was donated and then refurbished at a cost of $45,000 for "police use."

The Atlanta Journal Constitution has the story.

Cobb County already has a Peacekeeper vehicle used by its SWAT officers. Apparently, SWAT intends to use these military-type vehicles together when making calls.

It looks like Cobb County will be well prepared in the event of a land assault, but what about its missile defense capabilities? Perhaps we will see some Patriots deployed soon.

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Posted In: Georgia Criminal Law , Recent Trends

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Another mortgage fraud conviction in Atlanta, and another lengthy sentence. In federal court last Friday, Joseph Sterling Jetton received a 14 year prison sentence and was ordered to pay over $11 million in restitution.

The Macon Georgia Telegraph has the story.

Our criminal defense lawyers have handled many mortgage fraud cases in Atlanta and other parts of Georgia. We have represented real estate agents, mortgage brokers, closing attorneys, investors and straw purchasers.

Our lawyers have been able to successfully resolve a few complex mortgage fraud investigations on behalf of our clients by showing that these clients were not aware of the fraudulent statements made on the loan applications and closing documents. In cases that cannot be resolved without a plea, the ultimate sentence usually depends on the amount of loss attrbuted to the person, and that person's role in the overall offense.

Considering the continued decline of the real estate market, and the amount of properties going into foreclosure, our lawyers expect more criminal investigations into mortgage fraud and other questionable real estate transactions in Atlanta.

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Posted In: Federal Criminal Law , Theft and Fraud

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The Georgia Supreme Court heard arguments yesterday from a Gwinnett County lawyer challenging the constitutionality of the law that prohibits the possession of less than one ounce of marijuana, a misdemeanor offense.

The Atlanta Journal Constitution has the story.

The constitutional challenge is based on the language of the statute which seems to make someone automatically guilty simply because they are charged with the crime - “Notwithstanding any law to the contrary, any person who is charged with possession of marijuana, which possession is of one ounce or less, shall be guilty of a misdemeanor.” The obvious problem with that language is that it creates a presumption of guilt.

But the Georgia Supreme Court may not be persuaded to strike the law done just because it was poorly drafted. Such a decision could result in many other cases being reversed on appeal.

Our firm has represented many people charged with marijuana and other drug crimes in Georgia. We will closely watch this case. If the law is struck down, we may be able to people who were convicted or pleaded guilty to a violation of this statute.

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Posted In: Drug Crimes , Georgia Criminal Law

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