The appeal was brought by Jake Rainer, a Gwinnett County man, who was convicted of robbing a 17 year old girl during a drug sale. Rainer held the girl in his vehicle for a brief period of time before dropping her off. He ended up pleading guilty to robbery and false imprisonment, and as a result, had to register as a sex offender. His attorneys appealed the registration arguing that registration for a non-sex offense is cruel and unusual punishment.

The Court disagreed saying that registration is merely a “regulatory” provision and therefore not punishment. WABE legal analyst Page Pate told WABE listeners that he believes the Court got it wrong. Pate explained that, “not only do you have to notify the local sheriff of where you live and what you’re doing, but it also creates restrictions: where you can live, where you can work, with whom you can associate. So it is very much a type of punishment that is in addition to whatever sentence a person may receive.”

The registration law has drawn fire from both civil liberty groups as well as law enforcement. Sheriffs around the state have complained that there are too many registered sex offenders who never committed a sex crime. The result is that the sheriffs do not have the resources to adequately monitor offenders convicted of serious sex crimes.

Opponents must now rely on the Georgia legislature if the law is to be amended. However, as Pate told WABE, it is almost always politically unpopular to weaken criminal laws even with the support of law enforcement.

The Atlanta Journal Constitution has the story.

The investigation, known as Operation Restore Hope, was spearheaded by the GBI’s Internet Crimes Against Children Task Force. Authorities initiated the investigation in an effort to suppress the online sharing of child porn and to protect children from online predators.

Authorities in the 35 Georgia counties obtained search warrants on January 12. Since then, police have confiscated over 300 computers in addition to the 67 arrests.

The USA Today article provides an update on the investigation.

Pate told USA Today that any charges will depend on the details that the alleged victim gave to police. Under Georgia law, a sexual assault can be charged in a variety of different ways depending on the nature of the conduct. For instance, sexual battery, a misdemeanor, occurs when a person intentionally makes physical contact with the intimate parts of the body of another person without consent. Such conduct may consist of grabbing a breast or a private area. On the other hand, the crime of rape is a felony and carries a minimum of 25 years imprisonment.

According to Pate, defendants who are convicted or plead guilty to sexual battery often receive a 60 day jail sentence along with probation for the balance of a year. Roethlisberger’s attorney, Ed Garland, maintains that his client is innocent of any crimes and that the police investigation should conclude without any charges being filed.

A Pittsburgh television station recently reported that Roethlisberger told Milledgeville police that he did have contact with the alleged victim but that he never had sex with her. However, the details of any official police investigation are still unknown.

The Atlanta Journal Constitution has the story.

The Atlanta Eagle, an Atlanta bar on Ponce de Leon, was raided by Atlanta Police on September 10, 2009. Police conducted the raid after undercover officers claimed to have seen drug activities and sex acts inside the bar. However, the raid did not result in any arrests or charges relating to drug possession or sex acts. Instead, eight individuals were arrested for not having a business license and for providing adult entertainment without a permit.

Atlanta Municipal Court Judge Crystal Gaines found three of the eight men not guilty. Upon the judge’s ruling, prosecutors agreed to dismiss charges against the remaining five. The attorney for the defense, Alan Begner, produced eight witnesses who told the judge that no nude dancing took place on the night of the raid.

Since the raid, patrons and staff have filed a federal lawsuit against the Atlanta City Police Department. The suit alleges that officers violated constitutional rights by searching the patrons and staff without cause. Patrons who were present during the raid report that officers forced some people to lie on the ground for an hour or more while shouting gay slurs at them.

In State v. Willis, the defendant, Willis, was charged with trafficking in cocaine and possession of marijuana with intent to distribute. In May of 2008, the South Georgia Drug Task Force received information from a confidential informant that a man by the name of Bell possessed a large amount of drugs. Agents tracked Bell in a car being driven by Willis. When the car stopped at a convenient store, an agent approached the car and saw a bag of marijuana and a bag of cocaine in the vehicle. Both men were then arrested. One agent later testified that Bell told him during an interview that the drugs came from Wills’ home and that Willis also had scales, baggies and possibly a large amount of money in his home. Bell also allegedly told the agent that Willis had handed him the drugs to hide when the agent approached Willis’ vehicle. A different agent also claimed that he saw the two near Willis’ home prior their arrests. It was also discovered that Willis had been convicted of possessing marijuana in the past.

Based on Bell’s alleged statements and the fact that agents saw the two near Willis’ home, agents prepared an affidavit in support of a search warrant to search Willis’ home. Part of the affidavit claimed that Bell’s statements were against his own penal interests. A magistrate signed the warrant and a search revealed large amounts of marijuana and cocaine in Willis’ home. At the hearing for the motion to suppress, it was revealed that the agent who interviewed Bell didn’t understand the concept of “against penal interest.” It was also revealed that only one interview of Bell was conducted, and that it was recorded on tape. On the tape, Bell never stated that Wills handed him drugs to hide or that Willis’ home contained drugs, scales, baggies or currency. As a result, the trial court suppressed the drugs found in Willis’ home.

The appellate court upheld the suppression finding that there was no probable cause to support the search warrant. Probable cause is determined by the totality of the circumstances. Without the alleged statements by Bell, the Court found that nothing linked drugs to Willis’ home other than the fact that the two were seen near Willis’ residence. The Court determined that such a fact does not establish probable cause that Willis’ home contained drugs.

Our criminal defense lawyers have won numerous drug cases involving the illegal search of a client’s home. In our experience, there is almost always an issue as to whether a search was lawfully conducted any time police discover drugs or contraband. To show that officers had no grounds to search a home, a good criminal defense lawyer will examine any search warrants and affidavits for possible defects or discrepancies as well as any police investigations that may have led to the warrant being issued. In many case, a judge will be forced to suppress any evidence that was illegally obtained.

WABE News and the Atlanta Journal Constitution have the story.

Prosecutors say that Steven Manley and Robert Allen planned to rob the home of Emmett Whatley in February of 2007, because they knew he stored large sum of cash there. However, the state claims that their robbery plans went askew when Whatley was shot and killed in his front yard. After a jury trial, Allen and Manley were convicted and received life sentences for Whatley’s death.

Allen and Manley’s criminal defense attorney won a reversal of the murder convictions on appeal, since the trial judge failed to allow defense attorneys to fully cross-examine state witnesses. WABE legal analyst Page Pate told WABE listeners that, “The Supreme Court is trying to send a message to trial judges in this state that you need to let defense attorneys probe about special deals.” Specifically, Pate explained, “Any sort of benefit that may accrue to the witness by testifying for the state needs to be explored at trial.”

The Supreme Court also ruled that a statement given by Manley should have been suppressed, since the statement came after Manley had asked for an attorney. In the statement, Manley admitted to being in Whatley’s neighborhood on the night of the murder.

The Atlanta Journal Constitution has the story.

The Child Exploitation Unit of the Atlanta Police Department has launched an investigation into the matter after learning that more Lovett School students may have sent or received inappropriate photos. Police have not yet said whether charges will be filed against those involved.

The term “sexting” most commonly refers to the sending and receiving of sexual images via cell phone. When the picture is of a person under the age of 18, the sender and receiver can be charged with a felony. This is true even when the photo in question is of the person sending the text message.

Individuals arrested for sexting are commonly charged with the crime of sexual exploitation of a child. If convicted, a person aged 17 years or older could face between five and 20 years in prison and would be forced to register as a sex offender. Those under 17 could also face tough penalties.

In cases where the underage person made the image, or was the person transmitting or receiving it, there may be constitutional protections that apply. This is a new area of law and our firm is working hard to make sure that kids are not prosecuted under unduly harsh sex offender laws for communications that occur exclusively between minors. There is a big difference between a 40 year old sexual predator who molests young children, and a teenage girl sending naked pictures of herself to her boyfriend.

The Athens Banner-Herald has the story.

In one recent case, a UGA law student told police that she had been mugged on College Station Road after walking home from work one night. Police say that the story was false and that the student was only trying to gain sympathy from her husband. Several other high profile cases have also turned out to be nothing more than made-up stories.

The crackdown on false reporting is due largely to the fact that police claim to spend a great deal of resources investigating fake crimes. This includes interviewing witnesses, interrogating suspects and collecting evidence. Authorities are also worried that the fake crimes will give Athens an inflated crime rate and make some parts of the city appear to be more crime ridden than they actually are.

Under Georgia law, the false reporting of a crime is a misdemeanor and is punishable by one year in jail. Prosecutors in Athens have pledged to make sure that offenders actually serve jail time if they are convicted of the offense.

Unfortunately, false reports of crimes do happen. Many times, it will take an experienced defense lawyer to investigate the charges and convince the prosecutor that the alleged "victim" simply made the whole thing up. In many cases, a false arrest can lead to the loss of a job, the expense of significant attorney's fees, public humiliation, and possible jail time.

We hope that the police in Athens, and elsewhere in Georgia, remain diligent for false reports of crimes. If they do a thorough job of investigating these claims, some wrongful arrests could be avoided.

The Atlanta Journal Constitution has the story.

The investigation was initiated at the request of the DeKalb school system’s administration, but the exact reason for the search of Lewis’ home is not yet clear. However, in October, the residence and office of DeKalb’s former Chief Operating Officer, Patricia Pope, were searched after allegations arose that she illegally steered contracts to her husband, an architect, and construction companies with which she had connections. Pope is still being investigated by the District Attorney’s Office.

Our criminal defense lawyers have successfully represented several federal, state and local officials who have been accused of public corruption. Public corruption cases are often difficult to handle due to political pressures, community outcries and heavy media coverage. A good criminal defense attorney will work to protect his client’s reputation within community in addition to fighting any pending criminal charges. Through early intervention a defense attorney can help to ensure that allegations do not lead to false news reports, disciplinary actions or any other occurrences which could potentially harm one’s reputation.

The Atlanta Journal Constitution has the story.

Reineke was driving her Ford Edge through an intersection on Sugarloaf Parkway when she struck and killed 48-year-old James Eaton III. The accident occurred around 8 p.m. on October 30 during dark and rainy conditions. Police reports indicate that Eaton stepped into the crosswalk while Reineke had a green light. Reineke was not speeding or violating any other traffic laws.

Gwinnett police arrested Reineke on the notion that the outcome may have been different had she not been texting. Reineke’s defense attorney, Larry Delan, has publicly stated that his client was not texting at the time of the accident. Delan also believes that authorities are using Reineke as a test case in hopes of expanding vehicular homicide prosecutions. Currently, texting while driving is not a crime in Georgia although proposed legislation may change that in the near future.

Under Georgia law, homicide by vehicle is generally punished as a misdemeanor when a minor traffic violation results in the death of a person. However, the offense can be prosecuted as a felony if the driver was driving recklessly, under the influence of drugs or alcohol, fleeing a police officer, involved in a hit and run or failed to stop for a school bus.

Our criminal defense attorneys have successfully resolved several vehicular homicide cases. One of the most powerful defenses to a homicide by vehicle charge is to show that the driver’s conduct did not cause the death. As in this case, there are many times when the deceased’s own actions largely contributed to the death. Another powerful defense is to argue that the driver did not intend the act which resulted in the death. A good criminal defense attorney will work with law enforcement and prosecutors to show that his client is not criminally liable. Early intervention can often lead to dismissed or reduced charges.

The Atlanta Journal Constitution has the story.

The week-long trial forced jurors to answer whether Lona Scott, 47, shot her husband six times to protect herself or whether she was after his millions of dollars. After 20 hours of deliberation, the jury, which consisted of four women and eight men, were evenly divided as to guilt. It was at that time that Superior Court Judge Cynthia Brown issued the mistrial.

Lona’s husband, Ralph C. “Cliff” Scott, 42, was described as a muscular man who ran a successful trucking company. Lona and Ralph Scott wedded in 2000 and endured a turbulent marriage with alleged past acts of violence and cheating.

During trial, jurors heard Lona Scott explain how her husband, Ralph C. “Cliff” Scott, became angered late one night in March of 2008 after she refused to have sex with him or talk about the divorce petition she had filed. She then described to jurors the scene that took place in the couple’s master bedroom. Cliff Scott apparently pulled Lona’s hair and put her in a choke-hold. He only released her after she told him that he was going to wake their 5 year old daughter. Lona then retrieved a .22 caliber hand gun from a desk in hopes of leaving the home safely.

However, Cliff Scott refused to let her leave and told her that he could kill her since she had a gun. He then allegedly charged after Lona at which time she fired a single bullet into his chest. Lona claims that Cliff charged her again causing her to pull the trigger five more times. Three of those bullets struck Cliff in the elbows and forehead. The other two lodged in his back as he turned and fell to the floor. Lona then called 911.

Defense attorney Brian Steel, of the Steel Law Firm in Atlanta, asked Lona Scott why she did it. She told jurors, “Because he was going to kill me.” However, Assistant District Attorney John Melvin believes that money was the true motive. Melvin argued to jurors that Lona was after Cliff Scott’s five million dollar estate. Melvin explained that Lona became enraged after learning that Cliff was in the process of transferring his money into a secretive account in the Bahamas where he planned to live.

The District Attorney’s Office expects to retry the case soon.

The Atlanta Journal Constitution has the story.

Currently, Georgia ranks fourth in the nation for mortgage fraud. It is estimated that mortgage fraud referrals have cost Georgia around $145 million from 2005 to 2008. The special law enforcement unit that has been proposed would investigate crimes involving mortgage fraud throughout the state. Legislators hope that the unit will act as a deterrent and result in more prosecutions. If the unit is created, it will draw resources from the Georgia Bureau of Investigation as well as the Department of Banking and Finance.

Under Georgia’s Residential Mortgage Fraud Act, a person convicted of mortgage fraud may receive a one to ten year prison sentence as well as a $5,000 fine. If a person engages in a pattern of mortgage fraud, he or she could face a three to 20 year sentence and a $100,000 fine.

Our criminal defense attorneys have successfully represented numerous clients charged with mortgage fraud, including brokers, attorneys, investors, agents, appraisers and "straw-buyers.". A key element of mortgage fraud is knowledge. In other words, the state must be able to prove that a person knowingly engaged in the alleged fraud. A good criminal defense attorney will intervene early to work with prosecutors and law enforcement to show that his client had no knowledge of any alleged fraud or illegal activities. This early intervention can often lead to dismissed or reduced charges well before trial. Our lawyers have been able to get several mortgage fraud charges dismissed or successful resolved well before an indictment or trial.

The Macon Telegraph has the story.

The investigator, Allie Seckinger, testified during a suppression hearing that she did not coerce a suspect into making a statement. Specifically, Seckinger testified that she only told the suspect that she should think about her child’s welfare, and that she never threatened to have DFACS take the suspect’s child from her for refusal to admit to an armed robbery.

However, an audio tape surfaced two days later which revealed that Seckinger’s testimony was a lie, and the statement was eventually suppressed. The DA’s Office is also throwing out cases in which Seckinger was an essential witness and contemplating charges against Seckinger herself. Many of the cases that will be thrown out deal with sex crimes.

Seckinger is currently on paid administrative leave. If District Attorney Howard Simms chooses to prosecute Seckinger, she could face 10 years in prison.

It is an unfortunate reality that some members of the law enforcement community are willing to lie under oath. Perjury is particularly damaging in matters which lack physical and documentary evidence as is often the case with coerced confessions and false child molestation allegations.

The Athens Banner-Herald has the story.

Police conducted the raid on Wednesday after investigating the club for months. During the investigation, undercover officers posed as club customers and allege that the club was in fact engaged in prostitution. The club’s manager, Robert Barry Dillard, was arrested for keeping a place of prostitution. A 20-year-old employee was also arrested for possessing amphetamines, marijuana and sedatives.

Authorities are also expanding their investigation to include club ownership and management. The club’s owner, Emanuel Isaacs, has been in the adult entertainment business for decades and has owned clubs in both Athens and Atlanta. Isaacs, who is now 85, was convicted in 1982 of bombing a competing Atlanta strip club. He also owned a Fantasy World located in Winder which shut down four years ago after three people were charged with prostitution.

The penalties can be severe. Under Georgia law, the offense of keeping a place of prostitution is a misdemeanor of a high and aggravated nature which can carry a year in jail. Authorities may also elect to charge management and ownership under Georgia’s racketeering statute (commonly known as RICO). Racketeering carries a 5 to 20 year sentence along with a possible $25,000 fine.

The Athens Banner-Herald has the story.

The Barrow County District Attorney’s Office had charged Perry with reckless conduct, since the party at which Martin died occurred in Perry’s home. At trial, it was revealed that Martin’s body was not found until the following morning even though 20 to 40 people were at the prom party. Perry's defense attorney, Christine Koehler, did a fantastic job defending her client.

The trial came on the heels of a plea deal prosecutors made with Barbara Ann Michael, Perry’s step-mother. Michael was accused of allowing her teenage children to throw parties at her home. Prosecutors alleged that Michael was aware that alcohol was being served at the prom party even though she was not at home during the party and did not provide the alcohol. She ended up pleading to eight misdemeanors.