Georgia Criminal Defense Lawyer Blog

Looks like T.I. won't have to stay at home this Easter. This week, a federal magistrate judge in Atlanta agreed to modify T.I.'s bond to allow him to attend Easter Sunday services at the Georgia Dome. The Atlanta Journal Constitution has the story on T.I.'s bond modification.

It's not unusual for a defendant to get court permission to leave his home or travel outside the district while the case is still pending. In the Northern District of Georgia, and most other federal judicial districts, bonds usually have conditions that restrict a defendant's travel to the district where the case is pending. (Some defendants are detained without bond at all. In fact, in most major drug and firearm cases in federal court in Atlanta defendants are held in pretrial custody until the case is resolved.)

No word yet on a trial date for T.I. because the case has not yet been "certified ready for trial" by the magistrate judge. There is still a motion to suppress evidence pending that will have to be heard and ruled on before the case can proceed. T.I.'s Atlanta criminal defense lawyers have challenged the search of T.I.'s vehicle and residence and are trying to keep the guns that were found out of the case. If they are successful, it probably won't end the case because there are still cooperating witnesses who are expected to testify that T.I. was involved in unlawful gun purchases. But the suppression of the guns will make the case a whole lot more difficult for the government to prove.

I expect the hearing on the lawyers' motion will take place soon. After the hearing, the attorneys will probably file another legal brief with their arguments to suppress the evidence. The magistrate judge will then review their arguments and make a recommendation to the district court that the motion should be granted or denied. After the district court makes the final determination, the case can be set down for trial.

Although there is a speedy trial act in federal court, it usually doesn't mean much. Cases are supposed to be tried within 70 days after arraignment, but any pending motion will toll the time and keep the clock running. That's why cases often take a year or longer to get to trial in federal court, at least in Atlanta.

I doubt this case will last more than a year, but I don't expect the case to be resolved until late summer at the earliest. With or without the guns, it should be an interesting trial.

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Posted In: Federal Criminal Law , Firearm Offenses

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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.

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Posted In: Federal Criminal Law , Firearm Offenses

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Earlier today, Magistrate Judge Baverman agreed to allow T.I. (Clifford Harris, Jr.) to post bond while facing federal criminal charges in Atlanta. Last week, T.I.'s defense lawyers asked the judge for a multi-million dollar bond with home detention and close supervision (read the post from last week). Today, the judge granted the request and set T.I.'s bond at $3 million with some extraordinary restrictions and conditions, including no visitors after 8 p.m. and no alcohol at all. Visitors are limited to 3 at a time and only during "visiting hours." They must also pass a criminal background check. The Atlanta Journal Constitution has the details.

Now that he's out, the next step for T.I. and his lawyers will be a review of all evidence relating to the case. By now, the government should have already provided the lawyers with discovery materials pursuant to Rule 16 of the Federal Rules of Criminal Procedure. Rule 16 materials usually include any statements of the defendant, copies of relevant documents and access to any physical evidence for inspection and examination. I am sure that the defense lawyers will also conduct their own investigation of the government's potential witnesses and informants. If there are audio or video recorded conversations between the informants and T.I., copies will be provided to the defense team.

If the case goes to trial, the defense lawyers will be provided with any prior statements made by the witnesses against T.I. and any related impeachment material (usually plea deals and special consideration provided by the government to their informants and witnesses). The local practice is for the government to dump all this information on the defense the Friday before a Monday trial.

When would the case go to trial? If there is no deal, the trial is supposed to start within 70 days. But there are almost always delays. Usually, the delays are the result of motions hearings and other pretrial procedures.

This case is expected to be a "short case", but the government has already indicated a possibility of additional charges. If so, it looks like a long and difficult ride for T.I. At least he will be at home while the case is pending. It certainly beats a Union City jail cell.

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Posted In: Federal Criminal Law , Firearm Offenses

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Rapper T.I. was arrested this weekend in Atlanta, Georgia on federal firearm charges. He was in Atlanta to collect a handful of awards at the BET Hip-Hop award show. Instead, he spent the weekend at the federal detention center awaiting his initial appearance this afternoon.

This afternoon, Magistrate Judge Alan Baverman informed T.I. about the charges he is facing, and ordered him held in custody pending a detention hearing on Friday. The story was reported in the Atlanta Journal Constitution about an hour ago. The affidavit supporting the criminal complaint can be found online. There is also a good description of the type of machine guns involved.

Many people are asking what will happen next. In federal court, the procedures are fairly straight-forward. At the initial appearance this afternoon, the government filed a motion for detention arguing that T.I. should be held without bond pending trial. That's not unusual in this district and probably has less to do with T.I.'s celebrity than with his prior felony drug record. I doubt there will be any strong evidence that T.I. is a flight risk, but the government may try to argue that he is a "danger to the community" given his criminal record and the nature of the new charges.

At the detention hearing (scheduled for this Friday) Judge Baverman will decide whether T.I. will be held in custody or released on bond. If he is released, the judge may impose certain conditions like electronic monitoring, curfews and travel restrictions. The judge may also set a high bond considering T.I.'s financial resources. If the judge denies bond, T.I. and his defense lawyers will be able to appeal that ruling to a district court judge.

Regardless of the outcome of the detention hearing, there will also be a preliminary hearing on Friday. Because T.I. was arrested on a criminal complaint he is entitled to a hearing to determine if there was probable cause to arrest him. It is rare for a complaint to be dismissed at such a hearing, but it is legally possible.

The government will then have 30 days to indict the case. If T.I. is indicted, he will be brought back to court for an arraignment. At that time, the case will be assigned to a new judge and motions will be filed. A trial date will be set sometime later, unless there is a plea.

I have defended many people charged with firearm offenses in this district, and we won a machine gun trial last year. Gun cases, however, are difficult to win at the federal level because the government need only prove that the person has a current felony conviction and had "possession" of a firearm that has "affected interstate commerce" at some time.

Fortunately for T.I., he has hired two very experienced and effective federal defense attorneys. And, of course, he's innocent until proven guilty beyond a reasonable doubt.

But no matter what happens on Friday, I am sure T.I.'s weekend in Atlanta was not at all what he had planned.

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Posted In: Federal Criminal Law , Firearm Offenses

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