Georgia Criminal Defense Lawyer Blog

Athens police conducted five raids in Athens-Clarke County and Madison County on Wednesday morning including three Athens businesses. The raids were conducted after police suspected the business owners of running an illegal gambling operation. Authorities seized a total of 36 gambling machines although no arrests have been made.

The Athens Banner-Herald has the story.

Police searched the Quick Pantry on Jefferson Road, Chavita Produce on Oneta Street, and Dona Rosa Bakery on Commerce Road at about 9:45 a.m. A home near the Georgia Square Mall and a home in Colbert were also searched. Authorities seized six machines from the produce store, five machines from the convenient store and 25 from the bakery. Five vehicles, marijuana, handguns, a rifle and financial documents were also seized.

Police believe that the owners of the businesses made cash pay-outs to customers who played the machines. Police also believe the three businesses entered into some form of agreement in regards to the alleged illegal gambling operation. Under Georgia law, individuals may operate gambling machines; however, they may not give out money, lottery tickets or alcohol to winners.

While no charges have been filed as of yet, arrests are expected to follow in the coming days. If arrests are made, prosecutors could file charges under various different Georgia laws. For instance, under Georgia’s commercial gambling law, a person can be sentenced to one to five years in prison and receive a $20,000 fine. Prosecutors may also choose to charge those involved under Georgia’s RICO statute for racketeering. A conviction for racketeering in Georgia carries a five to 20 years prison sentence.

Our Georgia criminal attorneys have handled many gambling and racketeering investigations. In these types of investigations, police will typically review all of the seized evidence before deciding whether to file charges and seek an indictment. This period of time creates an opportunity for a criminal defense lawyer to work with law enforcement in an effort to avoid an indictment and to prepare for trial if necessary. Many gambling cases can be resolved without prosecution, but it depends on the type of gambling activity and the actual knowledge of the store owners involved.

Federal authorities in Atlanta, Georgia have indicted four individuals for conspiring to release Freon into the atmosphere. Prosecutors say the four stole copper from commercial air conditioners in Franklin, Hall, Hart and Stephens Counties which caused the dangerous gas to be released. Freon is a type of CFC and is known to deplete the ozone.

The Atlanta Journal Constitution has the story.

Prosecutors believe that a total of 14 businesses were targeted and that copper was taken from approximately 35 air conditioning units. The stolen copper was then allegedly sold to scrap metal businesses. According to authorities, Freon is released when the copper coils of an air conditioning unit are severed.

The four individuals who have been indicted include Daniel Arnot of Estonollee, Sabrina Westbrooks of Lavonia, Corey Beard of Eastonolle and Justin Joyner of Toccoa. Each defendant has been indicted on 13 counts. If convicted, they could face 5 years in prison and a $250,000 fine on each count.

This is a unique approach to prosecuting what would otherwise be basic theft cases. While there may be some environmental impact to these thefts, it is clearly not the motivating factor in the offense.

Our criminal defense attorneys have successfully represented people charged with environmental crimes in Georgia. We have noticed that environmental cases seem to be a growing area of focus in Atlanta and other federal districts in Georgia.

In March, three Athens-Clarke County Leisure Services employees were arrested for taking bribes from probationers. In addition to the three arrests, probation officers have sought to revoke the probation of numerous individuals who officers say bribed the three county employees. Authorities are also still trying to determine if the alleged corruption involved more Athens-Clarke County employees.

The Athens Banner-Herald has the story.

The accused Leisure Services employees supervised individuals sentenced to probation for misdemeanor offenses such as public intoxication and DUI. The employees kept track of the number of hours of community service each probationer performed. About six months ago, probation officers began to see irregularities in time sheets filled out by the employees. These irregularities sparked the initial investigation which ultimately led to the arrests.

So far, county employees Tracey Leon Woods and Charles Edward Robinson have been charged with bribery and making false statements. Thomas Lay Park has also been charged with making false statements. In addition, Joseph Siskey, a UGA student, was arrested for allegedly bringing friends of his who were on probation to meet with and bribe the employees. It is also unclear as to how many probationers may have their probation revoked due to their alleged involvement in the corruption.

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.

Athens-Clarke County police claim that fake reports of crime are reaching epidemic levels. In response, authorities have announced that they will begin prosecuting anyone they believe to have invented a crime.

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.

Athens-Clarke County police raided Fantasy World, an adult entertainment club on Baxter Street, after receiving complaints of prostitution and drug use. The raid resulted in the arrests of two employees, and police expect more arrests to follow.

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.

Barrow County High School student Leland Martin, 18, died of suffocation in 2007 after passing out during a prom party. Authorities say alcohol contributed to the death. On Thursday, a Barrow County jury acquitted Anthony Perry, who was 19 at the time, of playing a role in Martin’s death.

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.