Georgia Criminal Defense Lawyer Blog

Gordon County Sheriff’s Deputies raided three homes early Friday morning after a nine month racketeering investigation. Police say those arrested during the raids received stolen property in exchange for methamphetamine on numerous occasions.

The Rome News-Tribune has the story.

The raids were spearheaded by Gordon County’s Major Crimes Unit and occurred around 4 a.m. on Friday morning. According to detectives, the individuals who were targeted by police received stolen property including firearms and laptop computers. In exchange for the stolen property, the individuals would then distribute methamphetamine.

Under Georgia law, individuals convicted of distributing between 28 and 200 grams of methamphetamine face a minimum of ten years in prison. Georgia also makes the manufacturing of methamphetamine illegal, and a person convicted of manufacturing under 200 grams faces a minimum sentence of ten years. Furthermore, the crime of racketeering, also known as a RICO violation, carries a five to 20 year sentence.

Unfortunately, in some racketeering cases, law enforcement will arrest and prosecute anyone they believe to be connected to the illegal activity. In our experience, this often means that innocent people are prosecuted alongside those who planned and carried out the illegal activity. There is often a risk of casting too wide a net in RICO cases, due to the type of crimes alleged in RICO indictments and the breadth of the statute.

CNT and Savannah Police raided a home last week which contained 850 marijuana plants valued at approximately $2 million.

WTOC has the story.

Police say that the home had complex irrigation and lighting systems which supported the 850 plants. In total, around 1,900 pounds of marijuana plants were seized.
CNT has arrested Nathaniel Bryant Jr. and Chandra Gaskins in connection with the grow house. The two are expected to be arraigned on Monday.

Under Georgia law, anyone caught growing between 10 and 2,000 pounds of marijuana faces a minimum sentence of 5 years in prison. For those convicted of growing between 2,000 and 10,000 pounds, there is a mandatory minimum sentence of 7 years in prison. These charges could also be referred to federal authorities for a federal prosecution.

Our criminal defense attorneys have successfully represented numerous clients charged with serious drug offenses. In one recent Savannah case, our client was accused by CNT of playing a role in a major cocaine trafficking conspiracy. We won a motion to suppress statements our client made to police as well as phone conversations that were recorded on a wire tap. As a result, prosecutors were forced to dismiss the case. Our client was facing a minimum of 25 years in prison.

A Rome, Georgia couple has been indicted in federal court for using approximately $30 million of Medicare and Medicaid funds for their own personal use. The couple managed two nursing homes, one in Rome and one in Brunswick, from 2004 to 2007 which cared for around 300 residents.

The Atlanta Journal Constitution has the story.

The indictment alleges that the couple, George D. Houser and Rhonda Washington Houser, billed Medicare and Medicaid for the needs of their 300 patients but then used the funds to buy real-estate and luxury cars for themselves. The indictment goes on to allege that the couple failed to provide adequate care for their patients. Specifically, prosecutors allege that they did not repair washing machines, dryers and water heaters. In addition to the fraud charges, George Houser has also been charged with failing to pay payroll taxes.

Our criminal defense attorneys have successfully handled numerous federal cases involving fraud allegations. Federal fraud cases are often complex and document intensive which require great attention to detail. In many of these cases, the most powerful defense is good faith. Good faith exists when a person truly believes that he or she was in compliance with the law. Good faith can be shown in a variety of ways including consulting with an attorney to determine if a practice is acceptable, conforming to industry standards, or taking prompt action to correct a problem.

Four Georgians were indicted last week in federal court for allegedly conspiring to distribute prescription drugs across the country. Federal authorities believe the four operated an online prescription company which illegally sold hundreds of thousands of pain killers including Vicodin and Lortab.

The Atlanta Journal Constitution has the story.

Prosecutors say the online business, USMeds, was owned by James Hazelwood of Cumming, Georgia. Three other Georgians were also listed in the indictment: Jennifer Ryan of Cumming, Stephen Derks of Marietta, and Helen Kann of Atlanta.

In addition to trafficking charges, the four have also been indicted for money laundering. According to the indictment, a customer could simply go online and select the type and quantity of prescription drugs they wanted. The defendants would then perform a consultation over the phone with the customer and approve the order. Prosecutors say that the defendants would then send the customer the actual drugs or a prescription.

Our criminal defense attorneys have successfully resolved several criminal cases involving doctors and associates involved in online distribution of medication. In many of these cases, the government is stretching the law to try and send a message that online medicine is illegal. But that's not always true. In our experience, a good criminal defense attorney can show that his client had no knowledge of any illegal activity, or that his specific involvement does not rise to the level of a federal crime.

In one recent case, we represented a doctor alleged to have been involved with a similar operation. We were able to get the case resolved for a misdemeanor charge and no jail time. Because the law was not clear that this type of business was illegal, we were also able to help the doctor keep his medical license.

Three Athens-Clarke County employees have been charged for allegedly allowing probationers to buy their way out of community service. Athens authorities are still unsure as to how many more employees may be involved and police expect more arrests to come.

The Athens Banner-Herald has the story.

The three individuals who have been charged worked for the county’s Leisure Services department. The department supervises people who are on probation for crimes such as DUI and other misdemeanors. Late last year probation officers began seeing irregularities in documents which were approved by Leisure Services employees. Athens police were then called to investigate which ultimately led to the filing of charges.

Two of the employees, Tracey Leon Woods and Charles Edward Robinson, have been arrested for bribery and making false statements and writings. The third, Clay Brown, is expected to be arrested on the charge of making false statements and writings. Joseph Vernon Siskey, a University of Georgia student, has also been charged for allegedly bringing probationers to meet with Woods.

In addition to county employees, probationers may face charges if they are suspected of being involved in the fraud. Furthermore, individuals still on probation could potentially have their probation revoked. Currently, police believe that the bribery and falsifying of records occurred between October of 2008 and March of 2009.

Under Georgia law, a person convicted of bribery can face one to 20 years in prison and a $5,000 fine. An individual convicted of making a false writing or statement could receive a one to five year sentence and a $1,000 fine.

Our criminal defense lawyers have been successfully representing prominent public officials as well as private citizens accused of bribery and making false writings for years. In many bribery investigations, police will typically cast a wide net which often traps individuals who either had no knowledge of a crime or were unaware that they were involved in a criminal scheme. In such cases, we can often negotiate with prosecutors to achieve dismissed or reduced charges well before trial.

Federal authorities believe that Anthony Atwater, a Fulton County Sheriff’s Deputy, provided protection for drug dealers in exchange for money earlier this year. On Friday, Atwater pleaded not guilty to charges relating to the alleged corruption in an Atlanta federal courtroom.

The Atlanta Journal Constitution has the story.

The FBI claims that Atwater accepted $4,000 in bribes in exchange for protecting drug dealers on January 23 and March 12 of this year. Authorities believe that the drug dealers in question were attempting to distribute approximately 500 kilograms of cocaine on those dates.

The U.S. Attorney’s Office has charged Atwater with extortion and aiding and abetting drug distribution. Atwater also faces firearm charges, since he allegedly used his firearm to protect the drug dealers.

Under federal law, a person who is charged with aiding and abetting a crime generally faces the same sentence as an individual who actually commits the crime. In this case, federal law provides for a 10 year to life sentence for anyone convicted of distributing more than 5 kilograms of cocaine.

Our criminal defense attorneys have successfully represented many police officers and law enforcement agents accused of corruption and drug offenses. In our experience, such cases can often be difficult to handle due to media coverage and political pressures. In addition to zealously fighting any criminal charges, a good defense attorney will work hard to make sure that allegations do not lead to misleading news reports or disciplinary proceedings that could damage one’s reputation.

Our firm was hired last year to represent a Texas charter pilot accused of flying 175 kilograms of cocaine into Peachtree City, Georgia. On Wednesday, a federal jury in Newnan acquitted our client of any wrongdoing after a three day trial. Our client was facing life in prison if convicted.

The Fayette Daily News has the story.

Federal prosecutors charged our client, who is 68-years-old, with conspiring to possess with the intent to distribute a controlled substance as well as possessing with the intent to distribute a controlled substance. The evidence at trial showed that our client flew one to two customers in his small Cessna plane from south Texas to Peachtree City on seven occasions. During these trips, the customers would carry large, heavy suitcases and would return to Texas with same heavy suitcases the following day.

On the seventh trip, federal authorities tracked the plane as it flew into Peachtree City and followed the two customers to their hotel after they landed. At the hotel, the customers placed their bags into a Ford Explorer which was being driven by another individual. Police soon thereafter intercepted the Explorer, opened the bags, and found 175 kilograms of cocaine inside (which equates to nearly 400lbs). The street value of such an amount is valued at approximately $30-$50 million.

Federal prosecutors did their best to show the jury that our client knew of the drugs on board his plane. However, Page Pate effectively countered each of the government’s points and showed the jury that our client had absolutely no knowledge that he was transporting drugs.

After an hour and a half of deliberation, jurors returned not guilty verdicts on both counts.

This case represents a sad reminder of how drug conspiracy investigations can often cast a wide net which easily ensnares innocent people. In our experience, people with little to no information or knowledge of a drug conspiracy are treated just as harshly as those who planned it. However, in many of these cases, a criminal defense attorney can achieve a dismissal or reduced charge prior to trial by showing prosecutors that his client never knew of any drugs.

While prosecutors refused to dismiss charges in this case, we are very pleased that the jury affirmed our client’s innocence and restored his good name. We wish our client many years of happiness with his family and friends back in Texas.

A DeKalb County jury has acquitted a former Southwest DeKalb High School teacher of charges which alleged that he allowed students to strip-dance and simulate sex acts in class. The "not guilty" verdict was handed down on Wednesday after two days of trial and six hours of deliberation.

The Atlanta Journal Constitution has the story.

The teacher, Nathan Grigsby, was charged with five counts of contributing to the deprivation of a minor. Grigsby was arrested after a video of the incident appeared on Facebook. The one minute video was captured by one of Grigsby’s students and depicted three male students stripping and performing simulated sex acts.

Prosecutors say that in addition to the inappropriate dancing the video showed Grigsby smiling in the background. Grigsby claims it was simply a look of shock. Grigsby explained to jurors that he had his back turned to the rest of the class when the dancing first started. He went on to explain that he ended the dancing as soon as he turned around and saw what was happening.

Prosecutors will now direct their attention to the three male students caught on the video. All three face public indecency charges.

Defense lawyer Jackie Patterson represented the teacher and did a great job in the case.

On Wednesday, Milledgeville police announced that they will be turning over their file concerning the Ben Roethlisberger investigation to the district attorney. Atlanta criminal defense attorney Page Pate of Pate & Brody recently commented in USA Today on what options are available to the district attorney’s office and when a decision can be expected.

The investigation stems from allegations made by a female college student who told Milledgeville police that Roethlisberger sexually assaulted her on March 5. The police investigation that followed has largely been kept from public eyes.

Pate told USA Today that there are three possible outcomes for Roethlisberger. First, District Attorney Fred Bright could decide to prosecute the case as a felony which would require a grand jury indictment. On the other hand, Bright could decide to prosecute the case as a misdemeanor which does not require a grand jury indictment. Or, in the alternative, Bright could simply choose not to pursue the case.

Pate went on to explain that Milledgeville police have probably given their recommendations to prosecutors, but ultimately, Bright will make the final call as to whether Roethlisberger will be charged and prosecuted. However, Pate believes that Bright will not make a decision anytime soon: “He’s the type of district attorney that I think will spend a lot of time looking at this before he makes a decision.” According to Pate, Bright is known as being a very conscientious district attorney who does not actively seek out publicity.