Georgia Criminal Defense Lawyer Blog

Atlanta police are investigating a sexting incident involving students at The Lovett School. One eighth grade student has already been suspended and another has withdrawn.

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.

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.

A former Bibb County Sheriff’s Deputy stands trial in federal court for allegedly enticing a child for sex. Prosecutors told jurors that he arranged to meet a mother and her 7-year-old child for sex in Sandy Springs. His criminal defense attorney argued that he was role-playing and never intended to have sex with the child.

The Macon Telegraph has the story.

Federal prosecutors say 43-year-old Gregory Todd Bowden, of Byron, drove to a Sandy Springs restaurant to meet the fictitious mother and her daughter for sex. An FBI agent with the Innocent Images Task Force testified that she initially made contact with Bowden in an online chatroom sometime in October 2008. The agent then explained a series of online chats, emails and telephone calls she had with Bowden which spanned around five months.

According to the agent, Bowden initially asked her to join a virtual role-playing relationship. Their chats eventually evolved into setting up an actual meeting in Sandy Springs where Bowden was arrested. One chat reveals Bowden expressing concern that the girl may possibly tell others of the sexual activity. He was also quoted as saying “I don’t want to go to jail.”

In addition to online chats, the jury was shown various pictures including a photo of a woman and a child which the agent had sent to Bowden. Jurors were also shown pictures that Bowden sent to the agent including his face and a man’s genitals.

Bowden’s attorney, Franklin J. Hogue, told jurors in opening statements that Bowden only intended to role play with the woman in an incestuous fantasy. This argument coincides with statements Bowden gave authorities when he was arrested in February. Specifically, he told agents that he did not think the girl was real.

Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon, Madison and Savannah. Our lawyers are dedicated to pursuing justice for people charged with serious crimes. We have successfully represented clients facing serious federal criminal charges and state criminal charges in courts across Georgia. Our lawyers have been recognized on the list of Georgia's "Super Lawyers", and included among Georgia's "Legal Elite" by Georgia Trend Magazine.

Today, federal, state and local law enforcement officers spanned out across Georgia looking for individuals possessing child porn. The combined effort, known as Operation Restore Hope, has led to 25 arrests and 143 seized computers so far. The operation began at first light and is expected to run well into the night.

The Atlanta Journal Constitution has the story.

The operation consisted of 24 local police agencies which came from Gwinnett, DeKalb, Clayton, Cobb, Paulding, Hall and Cherokee counties. There were also federal agents from the FBI, ICE, the U.S. Marshal’s Service and the Secret Service. All in all, 40 teams were sent to addresses across the state in hopes of arresting 89 different people.

The background investigation began three months ago out of the GBI’s office in Cleveland. Police tracked various peer-to-peer networks which allow computer users to download videos and pictures containing child pornography from other users. Authorities then obtained search warrants for the addresses of these users. Tuesday’s sweeps were planned to coincide with the time that the users would be home in order to maximize the number of arrests. Some of those arrested will face prosecution in federal court.

Our criminal defense lawyers have successfully defended numerous clients accused of internet offenses including possession of child pornography. In our experience, these types of cases can be defended in many ways. For instance, it is not uncommon for law enforcement to charge people who were unaware that illegal videos or images were being stored on their computers. A good criminal defense attorney will show this by hiring a computer forensics expert to determine how the unlawful images got onto the computer. It is also not uncommon for the search warrant which allowed for the seizure of the computer to be deficient in some respect. This can be shown by conducting a thorough examination of the police investigation as well as examining the language of the search warrant itself.

Regardless of the defense, it is vital that an experienced criminal defense firm be retained as soon as possible after the arrest or search. Many times, a lawyer's early involvement in the case can make a huge difference in the outcome.

A Macon man accused of rape has asked a judge to dismiss the charge, since DNA evidence which linked him to the crime was destroyed by police in 2006. The man’s attorney argued for the charges to be dropped based on due process grounds.

The Macon Telegraph has the story.

John Paul Battle, 25, was originally sent to prison in 2008 after being convicted of aggravated assault. Last spring authorities found that his DNA matched the DNA police recovered from a rape victim in 2002. The rape victim then picked Battle out of a lineup. Authorities also took a fresh DNA sample from Battle and concluded that the DNA recovered from the victim matched Battle’s.

However, the DNA evidence which came from the 2002 rape was destroyed sometime in 2006. The evidence included swabs, a rape kit and a condom. Battle’s attorney, Allen Wheeler, filed a motion arguing that Battle has due process rights which includes having the original evidence tested by an independent expert. And since that evidence no longer exists, it cannot be independently tested. Wheeler also pointed to a 2003 Georgia law requiring police to preserve biological evidence relating to a defendant’s identity.

Prosecutors argue there is no constitutional violation, because police did not act in bad faith when they failed to preserve potentially exculpatory evidence. The detective in charge of the 2002 rape case marked the evidence to be destroyed in 2005. It is unknown as to why the detective marked the evidence, but Macon Police did state that the detective is no longer employed with the department.

Our criminal defense lawyers have handled numerous cases in which potentially beneficial evidence was destroyed or lost. Cases such as these can involve destroyed DNA samples, shattered cell phones, lost blood and urine specimens, and missing finger prints. In our experience, there is almost always an issue of whether a person’s rights were violated any time this type of evidence is destroyed or lost. If it can be shown that the evidence was destroyed in bad faith, the court may be forced to drop the case against the defendant.

Former Marietta High School teacher Christopher King, 36, was found not guilty a few weeks ago after prosecutors accused him of having a sexual relationship with a 17-year-old student. The trial ended when Cobb County Superior Court Judge Robert Flournoy granted Cobb County defense attorney Scott Semrau’s request for a directed verdict. Judge Flournoy agreed with Semrau that prosecutors failed to put forth any evidence that the alleged victim did not consent to the relationship.

The state’s evidence showed that King and the student began a relationship in the fall of 2008 after meeting through the school’s newspaper club for which King was the faculty advisor. The relationship soon turned sexual in nature and was eventually ended when school officials and the alleged victim’s father found out. The Cobb County District Attorney’s Office then filed the charge of sexual assault against a person in custody despite the fact that King and the alleged victim have consistently maintained that the relationship was mutual and consensual.

TrialClips covered the trial, along with other TV and print media. Here is a clip of Defense Attorney Semrau's opening statement from the TrialClips YouTube channel:

The decision to prosecute King swirled with controversy, since it followed a Georgia Supreme Court ruling which held that consent was a defense for teachers accused of sexually assaulting students 16 years or older. The Court’s decision was primarily based on Georgia’s age of consent law which allows anyone 16 years old or older to consent to sex. Thus, in such cases, a prosecutor must overcome a defendant’s defense of consent to win a conviction.

In King’s case, the state had to persuade the judge and jury that there was no consent without the alleged victim’s cooperation. During the state’s case, Assistant District Attorney Maurice Brown conducted a direct examination of Marietta High School’s principal, the detective who interviewed the alleged victim, and the father of the alleged victim. The testimony of these witnesses focused on the life of the alleged victim after the relationship was exposed such as embarrassment and having to change schools. However, the testimony failed to demonstrate a lack of consent. The state’s case was further hampered when it put the alleged victim on the stand. Instead of showing manipulation or force on King’s part, the alleged victim demonstrated that she was an independent young woman who consented to King’s advances and even pursued King.

The final witness for the state was an expert witness on child sexual abuse and the state’s last hope to show a lack of consent. On direct, the expert witness described how sexual predators will “groom” their prey through a process of buying gifts, giving compliments, and showing attention. Scott Semrau, King’s attorney, dismissed these acts as being what two consenting adults do when they engage in dating. Semrau also attacked the expert witness for her lack of knowledge and research on relationships between consenting adults.

Semrau then moved for a directed verdict citing a lack of evidence showing force or coercion. Judge Flournoy granted the motion but not before calling the relationship “gross” and “awful”. If King had been convicted, he would have faced between 10 to 30 years in prison and a lifetime on the state’s sex offender registry.

A Massachusetts man was recently charged with having images of child pornography on his computer. After spending $250,000 on legal fees and computer experts, he was able to show that a computer virus was responsible for the images. Computer experts warn that this may not be an isolated incident.

ABC News has the story.

In the case above, it was revealed that a virus programmed the man’s computer to visit up to 40 child pornography websites every minute. However, the proof of his innocence did not come until 11 months after prosecutors filed charges. There have been a handful of similar documented cases around the United States and the United Kingdom which reveal that other innocent people have been charged. It is unknown how many other people have been wrongfully charged or convicted for child porn because of computer viruses, since many cases have not undergone thorough forensic reviews.

A computer virus can occur in a number of ways including opening email or visiting a malicious website. Some viruses can force another person’s computer to visit child porn websites and collect illegal images from those sites. A computer can also be turned into a storage facility for images and movies that a pedophile can then safely view remotely. Other times the hacker may be playing a prank or trying to frame the user.

Prosecutors maintain that the computer virus argument is generally a ploy. Yet, forensic experts believe that computer viruses are a very real threat when it comes to child porn charges. Experts also agree that in some cases it is simply impossible to determine how an illegal image ended up on a computer.

Our criminal attorneys have successfully defended numerous clients charged with internet crimes, including the possession of child pornography. In our experience, it is not uncommon for prosecutors to charge people who were unaware that illegal images or videos were being stored on their computers. A good criminal defense attorney will consult with a forensic computer expert to determine where the images came from and how they got onto the computer. Many times illegal data comes from other users, unintended emails or downloads, or as this story highlights, a computer hacker or virus. Hiring a forensic computer expert is just one of many steps a criminal defense attorney will take when defending against child porn charges.

Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon and Madison. Our lawyers are dedicated to pursuing justice for people charged with serious crimes. We have successfully represented clients facing serious federal criminal charges and state criminal charges in courts across Georgia. Our lawyers have been recognized on the list of Georgia's "Super Lawyers", and included among Georgia's "Legal Elite" by Georgia Trend Magazine. Page Pate was recently the Chairman of the Criminal Law Section of the Atlanta Bar Association.

The FBI and other law enforcement agencies conducted numerous underage sex stings in the Atlanta metro area over the past three days. In total, the operation has resulted in 35 arrests in the Atlanta area.

The Atlanta Journal Constitution has the story.

The Atlanta stings were part of a national operation known as Operation Cross County IV which targeted child prostitution. Across the nation, more than 700 people were arrested after agents focused primarily on websites, truck stops and casinos. In Atlanta, officers say they arrested six pimps, three johns and 26 prostitution suspects. Agents also say they rescued two juveniles.

Those arrested could face many different types of charges under state and federal laws including child trafficking, sexual exploitation of a child, child pornography, child molestation and solicitation. These crimes carry harsh penalties, and in many cases, also force the offender to register as sex offender. For instance, Georgia law defines the mere possession of an image of a minor engaged in sexual behavior as sexual exploitation of a child, and a conviction can result in a five to 20 year prison sentence. Similarly, under federal law, the charge of child pornography can result in a sentence of 10 years, and if the image was distributed in some manner, the sentence can increase to 20 years.

Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon and Madison. Our lawyers are dedicated to pursuing justice for people charged with serious crimes. We have successfully represented clients facing serious federal criminal charges and state criminal charges in courts across Georgia. Our lawyers have been recognized on the list of Georgia's "Super Lawyers", and included among Georgia's "Legal Elite" by Georgia Trend Magazine. Page Pate was recently the Chairman of the Criminal Law Section of the Atlanta Bar Association.

There is a growing trend among teenagers and children which involves texting naked images of oneself to others by the use of cell phones. Police call it "sexting," and it could lead to numerous minors being charged with possession of underage pornography.

The Columbus Georgia Ledger Enquirer has the story.

What many children and parents fail to understand is that possessing or distributing a naked image of a minor is illegal even if the receiver or sender is a minor. When it comes to juveniles and sexting, the Sex Crimes Unit of the Columbus Police reports that they mainly see cases involving sixth, seventh and eighth grade children. Police estimate that they only know of a small fraction of the actual cases, since most cases are handled by school officials and parents. Whether or not charges are filed in a particular case depends heavily on the ages of the sender and receiver, what exactly was sent and how much was sent.

When charges are filed, the consequences can be severe. One of the most common offenses that is charged for sexting is sexual exploitation of a child. This law makes it illegal for any person to knowingly possess or control any material which depicts a minor engaged in sexually explicit conduct. If convicted of this crime, a person 17 or older would face between five and 20 years in prison and have to register as a sex offender. Minors may also face stiff penalties in juvenile court.

Our criminal defense attorneys have successfully defended numerous clients charged with possessing child pornography after their computers or cell phones were seized by police. As this story shows, there are many times that a person may not realize he or she is breaking the law, or a person may not be aware that such images are on their computer or cell phone. Regardless of the circumstances, a good criminal defense attorney will analyze every element of the police investigation and resulting arrest to determine if the images were lawfully seized by means of a properly executed warrant or by the defendant’s consent. If the computer or cell phone was illegally seized, the images found on them must generally be suppressed.

Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon and Madison. Our lawyers are dedicated to pursuing justice for people charged with serious crimes. We have successfully represented clients facing serious federal criminal charges and state criminal charges in courts across Georgia. Our lawyers have been recognized on the list of Georgia's "Super Lawyers", and included among Georgia's "Legal Elite" by Georgia Trend Magazine. Page Pate was recently the Chairman of the Criminal Law Section of the Atlanta Bar Association.

The Court of Appeals of Georgia recently ruled that an eight year delay between the time of a defendant’s arrest date and trial date was presumptively prejudicial. The court went on to find that the state failed to rebut this presumption, and upheld the trial court’s dismissal of charges based on the right to a speedy trial.

In State v. Porter, the defendant, Porter, was arrested for allegedly molesting his child in 2000. He was indicted in 2001 and released on bond. New allegations arose in 2004 that he had molested his other child, and the trial judge issued a bench warrant for his arrest in 2005 for failing to appear on those charges. He was arrested in 2006 and a second indictment was issued against him for the new allegations. In 2006, the state moved to set a trial date for both cases. In 2008, the trial judge recused herself, and the case was transferred and set for trial in December 2008. The defendant then moved the court twice for continuances followed by a motion to dismiss or plea in bar for violation of his right to a speedy trial. The trial judge agreed and dismissed the 2001 charges. The state appealed the ruling.

The Sixth Amendment and the Georgia Constitution promise criminal defendant’s the right to a speedy trial. The courts use a two part test to determine if a violation of this right has taken place. First, the court will look to see if the time between arrest and trial is presumptively prejudicial. Here, eight years had passed from arrest to trial, and the court found this to be presumptively prejudicial. Second, the court will look to see if the delay was uncommonly long, who was responsible for the delay, the timeliness of the defendant’s assertion of his right to a speedy trial, and prejudice to the defendant. The court found that nearly 7 years of the delay was the government’s fault, and that the state failed to rebut the actual prejudice suffered by Porter. The court found this to be true even though Porter didn’t raise his right to a speedy trial until 2009.

Our criminal defense attorneys have also won dismissals in numerous child molestation cases in many parts of Georgia. It is important to understand that a conviction for child molestation can severely impact the rest of a person’s life through long periods of incarceration and having to register as a sex offender once released. Hiring an experienced criminal defense attorney early on is often critical to winning these cases, since an investigation into a molestation case is multifaceted. Among the many steps in an investigation, a criminal defense attorney will look for inconsistencies in the statements made by the alleged victim, hire medical or psychological experts to give testimony on what events took place, and examine the context of each case in order to determine if the child was coerced by a third party.

Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon and Madison. Our lawyers are dedicated to pursuing justice for people charged with serious crimes. We have successfully represented clients facing serious federal criminal charges and state criminal charges in courts across Georgia. Our lawyers have been recognized on the list of Georgia's "Super Lawyers", and included among Georgia's "Legal Elite" by Georgia Trend Magazine. Page Pate was recently the Chairman of the Criminal Law Section of the Atlanta Bar Association.

The Court of Appeals of Georgia recently ruled that defense counsel is deficient when it fails to object to expert testimony which improperly bolsters a victim’s credibility. Specifically, a psychological expert may not testify that his evaluation of a victim “strongly suggests” sexual abuse as alleged, and the failure of defense counsel to object to such testimony constitutes deficient counsel.

In Pointer v. State, the defendant, Pointer, was charged with aggravated child molestation, child molestation, and incest in regards to his first daughter and two counts of child molestation in regards to his second daughter. A jury convicted him of child molestation and sexual battery against the second daughter. The jury found him not guilty on the other charges.

During trial, a clinical psychologist testified as an expert for the state. The expert told the jury that the second daughter had told him that Pointer had fondled her three separate times, and that he “he stuck his finger in her” during the last incident. In preparation for trial, the psychologist had displayed psychological testing cards for the daughter and assessed her responses. At trial, the prosecutor asked the expert his opinion of the girl’s responses. The expert replied that the responses were “consistent with her reports of being sexually abused by her father.” The prosecutor then asked for the expert’s overall impression. The expert replied that the result of the evaluation “strongly suggests that [the child] had been sexually abused as alleged.” The prosecutor then asked if the abuse was committed by Pointer. The expert agreed. Defense counsel only objected to the final question. The trial court sustained the objection by ruling that the expert could only state that the child was abused but the expert could not state who committed the act. However, defense counsel did not ask for curative instruction and none was given.

On appeal, Pointer argued that defense counsel should have objected to the “strongly suggests” language used by the expert, and that the failure to object constituted ineffective assistance of counsel. The appellate court agreed with Pointer. In order to obtain a reversal based on ineffective assistance of counsel, a defendant must show that trial counsel’s performance was deficient, and that but for the deficient performance there is a reasonable probability the outcome would have been different.

In regards to expert witnesses, they may not testify as to whether a child has been sexually abused unless jurors are not capable of drawing such an inference for themselves due to a lack of specialized skill or experience. This is because such testimony takes the ultimate issue away from the jury. However, it is generally okay for an expert to say that a victim’s psychological exam was consistent with sexual abuse. The court determined that the language “strongly suggests” falls in the middle of these two examples, but when taken into consideration with the “as alleged” language, the testimony was a factual conclusion which should have been left to the jury to decide. Thus, defense counsel was deficient for not objecting.

The court also held that but for the deficiency there is a reasonable probability that the outcome would have been different. This is mainly due to the fact that the evidence against Pointer was not overwhelming and was largely based on the credibility of the witnesses. In holding so, the court reversed Pointer’s conviction and ordered a new trial.

Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon and Madison. Our lawyers are dedicated to pursuing justice for people charged with serious crimes. We have successfully represented clients facing serious federal criminal charges and state criminal charges in courts across Georgia. Our lawyers have been recognized on the list of Georgia's "Super Lawyers", and included among Georgia's "Legal Elite" by Georgia Trend Magazine. Page Pate was recently the Chairman of the Criminal Law Section of the Atlanta Bar Association.

A Baldwin County High School teacher was arrested in March 2008 for allegedly having sex with two students. The Baldwin County District Attorney’s Office has dismissed those charges in light of a recent Georgia Supreme Court case.

The Macon Telegraph has the story.

Alison Ivey was indicted on five counts of sexual assault in October of last year and was scheduled for trial in August. Prosecutors alleged that Ivey performed oral sex on a 17-year-old student off school property in late 2007. Authorities also believe that Ivey had intercourse with the student on two different occasions in her home in the spring of 2008. She was also accused of having intercourse with an 18-year-old student in her classroom and in her car off school property in late 2007. In addition to the charges, Ivey was placed on administrative leave after her arrest and later resigned as a teacher.

In the past, Ivey’s alleged actions were criminal under the law. In fact, it was generally criminal for a teacher to have relations with any student regardless of age. However, the Georgia Supreme Court ruled in June that consensual intercourse between a 16-year-old student and a teacher is not a crime. This is because the legal age of consent in Georgia is 16. Charges against Ivey were dropped when the Georgia Supreme Court refused to reconsider its June decision.

Ivey has always denied having sex with the students and is happy with the District Attorney’s decision according to her defense attorney, Macon criminal lawyer Frank Hogue.

Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon and Madison. Our lawyers are dedicated to pursuing justice for people charged with serious crimes. We have successfully represented clients facing serious federal criminal charges and state criminal charges in courts across Georgia. Our lawyers have been recognized on the list of Georgia's "Super Lawyers", and included among Georgia's "Legal Elite" by Georgia Trend Magazine. Page Pate was recently the Chairman of the Criminal Law Section of the Atlanta Bar Association.

On Monday, the Supreme Court of Georgia reversed the conviction of a high school teacher who had a sexual relationship with a 16-year-old student. The court overturned the conviction after determining that the teacher should have been allowed to argue that the student consented to the sexual activity.

The Atlanta Journal Constitution has the story.

Melissa Lee Chase, 28, was convicted of sexual assault of a person enrolled in school. Chase was a respected teacher and coach at Harlem High School which sits just outside of Augusta. However, she developed a romantic relationship with a 16-year-old female student between August and November of 2006. The student’s mom found a note in her daughter’s purse written by Chase. The mother called the police and Chase was arrested as a result. At Chase’s bench trial, the girl testified that she initiated the relationship and pushed the issue. However, Chase was not allowed to argue that the girl consented to the sexual acts. Under Georgia law, a person may be sentenced up to 30 years in prison but no less than 10 for having a sex with a student. Chase was sentenced to the minimum 10 years with five years on probation. She would also have to register as a sex offender.

On appeal, the appellate court agreed that consent cannot be a defense to having sex with a student. However, the Supreme Court of Georgia disagreed. The age of consent in Georgia is 16. This means it is generally not a crime to have sexual contact with anyone who is 16 or older. Yet, the Court noted that the crime Chase was convicted of would make it illegal for a teacher to have sex with a student of any age. The Court gave the hypothetical that under the law a 30 year old college professor could be sentenced to 30 years for having a sexual relationship with a 50 year old student.

The Court refused to adopt such a reading of the statute calling it “truly absurd and unjust.” Instead, the court found that the statute does not prohibit the defense of consent, and that sex with a 16-year-old is generally not a violation of the law. Thus, consent is a viable defense in such cases so long as the student has reached the age of consent.

Two justices, Carley and Thompson, argue that the Court’s ruling produced a disturbing result. They believe that the statute was enacted to protect students from exploitation by teachers, and that the Court’s ruling strips students of that protection.

Our firm has represented many people, including teachers, doctors and other professionals charged with this offense. The Court's ruling in this case will, hopefully, allow a more common sense application of this statute in the future.

Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon and Madison. Our lawyers are dedicated to pursuing justice for people charged with serious crimes. We have successfully represented clients facing serious federal criminal charges and state criminal charges in courts across Georgia. Our lawyers have been recognized on the list of Georgia's "Super Lawyers", and included among Georgia's "Legal Elite" by Georgia Trend Magazine. Page Pate was recently the Chairman of the Criminal Law Section of the Atlanta Bar Association.

Georgia’s sex offender law has come under intense fire from critics, since a provision of the law requires some people who did not commit sex crimes to register as sex offenders. On Monday, the lawyer of a man who had to register for being convicted of false imprisonment moved a Fulton County judge to declare the provision as being unconstitutional.

The Atlanta Journal Constitution has the story.

When Jake Rainer was 18, he and some friends picked up a 17 year old girl with the intention of buying marijuana from her. After taking the marijuana, they drove her to a cul de sac and dropped her off without paying. As a result, Rainer pleaded guilty to robbery and false imprisonment and was sentenced to five years in prison and five years on probation. He also had to register as a sex offender.

Anyone convicted of kidnapping or false imprisonment of a minor in Georgia is required to register as a sex offender. Whether sexual conduct was involved is irrelevant. Aside from the stigma, registered sex offenders cannot live or work within 1,000 feet of anywhere children congregate. This includes schools, parks, and pools. Under Georgia law, Rainer cannot ask a judge to be removed from the registry until 10 years after the completion of the sentence. For Rainer, that will be in 2020.

Rainer’s Atlanta criminal attorney, Ann Marie Fitz, argued that the provision of the Georgia sex offender law making her client register should be held as unconstitutional, since Rainer never committed a sex crime. The Attorney General’s Office sympathized but simply argued that the law is the law. Fulton County Superior Court Judge Jerry Baxter also sympathized, and he is expected to make a ruling on the matter soon. However, Judge Baxter seemed inclined to uphold the law, and he suggested that Rainer should try to get his false imprisonment conviction stricken from his record.

Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon and Madison. Our lawyers are dedicated to pursuing justice for people charged with serious crimes. We have successfully represented clients facing serious federal criminal charges and state criminal charges in courts across Georgia. Our lawyers have been recognized on the list of Georgia's "Super Lawyers", and included among Georgia's "Legal Elite" by Georgia Trend Magazine. Page Pate was recently the Chairman of the Criminal Law Section of the Atlanta Bar Association.

A program known as Internet Crimes Against Children leads to hundreds of arrests for online solicitation and child pornography in Georgia every year. A recent three-month sweep led to 23 arrests across the state.

The Savannah Morning News has the story.

The Georgia Bureau of Investigation heads up the federal program in Georgia which began in 2002. Across the state, there are nearly 100 affiliate police agencies involved in the program. In many cases, police use tactics similar to those seen on the popular television show “To Catch a Predator.” Agents pretending to be underage girls will engage in conversation with men in online chat rooms. Sometimes these conversations will turn sexual in nature and the men may ask to meet the underage girl for sex. When the men show up at the meeting spot, police will make the arrest.

There are about 700 such arrests every year in Georgia. Police maintain that there is no entrapment, since the officers only respond to whatever the men in the chat room initiate. Additionally, officers claim that it is always the men who urge a meeting.

Some of our clients, however, were entrapped and falsely charged. That's why it is vital to have retain a criminal defense lawyer with experience in this area if you are charged with this type of offense.

The GBI program also attempts to target anyone who possesses, distributes, or manufactures child pornography, and agents here are interconnected with law enforcement all over the nation. Tips flow into the GBI’s Atlanta office from all over the nation which are then forwarded to local police. Many times child pornography will be found on a computer in another state which came from Georgia. In some cases, they are able to trace where the pornography came from by using IP addresses to track down those who share child pornography online. When child pornography is suspected, officers will seize hard drives and search for any trace of illegal pornography.

Our firm has been extraordinarily successful in resolving these cases prior to trial so that our clients avoid prison time and, in some cases, even avoid prosecution. Our best results occur when we can get involved in the case early and review the computer forensics and alleged probable cause that led to the search.

Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon and Madison. Our lawyers are dedicated to pursuing justice for people charged with serious crimes. We have successfully represented clients facing serious federal criminal charges and state criminal charges in courts across Georgia. Our lawyers have been recognized on the list of Georgia's "Super Lawyers", and included among Georgia's "Legal Elite" by Georgia Trend Magazine.

Federal agents arrested 37 year old Michael Macaluso on Thursday for allegedly enticing a minor to engage in sexually explicit conduct and receiving and distributing child pornography.

The Atlanta Journal Constitution has the story.

Authorities believe that Macaluso has been targeting teenage boys online and enticing them to send naked photos of themselves since May 2006. It is also alleged that he threatened to black mail boys if they refused.

Specifically, an affidavit claims that in one instance he pretended to be a young girl and sent pictures of a naked female to a 15 year old boy. It is alleged that he then requested pictures of the boy involved in sexual acts. However, the victim refused, and Macaluso allegedly threatened to post naked photos of the boy online as blackmail. In another instance, Macaluso allegedly threatened to “out” a 15 year old boy to his classmates when the boy attempted to end their online relationship.

In 2006, Macaluso was arrested by Cobb County authorities on three counts of sexual exploitation of children. However, Cobb authorities decided not to try that case. Instead, the case files were passed to the U.S. Attorney’s office which is reported to have a stronger case against Macaluso. A bond hearing is set for next week, and prosecutors have said they will oppose any bond at that hearing.

Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon and Madison. Our lawyers are dedicated to pursuing justice for people charged with serious crimes. We have successfully represented clients facing serious federal criminal charges and state criminal charges in courts across Georgia. Our lawyers have been recognized on the list of Georgia's "Super Lawyers", and included among Georgia's "Legal Elite" by Georgia Trend Magazine. For many years, our firm has been listed in the Bar Register of Preeminent Lawyers by Martindale-Hubbell.

On Monday, a federal district court judge granted an injunction against a Georgia law which bans sex offenders from volunteering at churches. The injunction will prevent Georgia from enforcing the law.

The Atlanta Journal Constitution has the story.

District Judge Clarence Cooper held that allowing offenders to volunteer at churches will further public safety by providing support and stability. The plaintiffs offered testimony from several ministers who work with offenders about the healing power of volunteering at churches.

The ruling stems from a class-action suit on behalf of 16,000 sex offenders. The plaintiffs seek to overturn Georgia’s strict sex offender laws which have been described as the toughest in the country. Among the provisions, Georgia prohibits offenders from living or working within 1,000 feet of virtually anywhere children congregate. This includes schools, school bus stops, parks, pools, and churches. Plaintiffs also seek to permanently overturn the provision banning offenders from volunteering at churches. Monday’s ruling allowed this class-action suit to go forward.

Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon and Madison. Our lawyers are dedicated to pursuing justice for people charged with serious crimes. We have successfully represented clients facing serious federal criminal charges and state criminal charges in courts across Georgia. Our lawyers have been recognized on the list of Georgia's "Super Lawyers", and included among Georgia's "Legal Elite" by Georgia Trend Magazine. Our firm is also listed in the Bar Register of Preeminent Lawyers by Martindale-Hubbell.

The passage of tough sex offender laws three years ago has been criticized by civil rights groups as being too harsh and too broad. Georgia lawmakers are now contemplating changing the toughest provisions of the sex offender laws to quell the debate.

The Macon Georgia Telegraph has the story.

The tougher laws against sex offenders were passed in 2006 in hopes of preventing the state from becoming a haven for sex offenders. Indeed, the laws passed in 2006 are said to be among the toughest in the nation and have sparked many court cases and controversy. One provision prevents offenders from living or working within 1,000 feet of almost anywhere children congregate. Another provision prevents offenders from volunteering in churches.

The current law also treats those convicted with crimes such as statutory rape, which deals with consensual relations, the same as those who are convicted of more serious crimes such as child molestation. Proposed changes would allow offenders convicted of statutory rape to petition the court to be removed from the state’s sex offender registry.

Other changes would allow the homeless to use a street on which they stay when registering instead of having to provide a home address so as to comply with the law. Offenders would also not be required to hand over internet passwords to officials under the revised law.

The changes in the law are supported by sheriff’s groups, defense attorneys, civil rights groups, and many lawmakers. We'll see.

Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon and Madison. Our lawyers are dedicated to pursuing justice for people charged with serious crimes. We have successfully represented clients facing serious federal criminal charges and state criminal charges in courts across Georgia. Our lawyers have been recognized on the list of Georgia's "Super Lawyers", and included among Georgia's "Legal Elite" by Georgia Trend Magazine. Our firm is also listed in the Bar Register of Preeminent Lawyers by Martindale-Hubbell.

The Georgia Supreme Court recently declared a life sentence for failing to register as a sex offender unconstitutional. In that case, the Court had to decide whether a life sentence for a second violation of failing to register as a sex offender was excessive punishment and violated the constitution. The Court held that it did.

In Bradshaw v. State, the defendant, Bradshaw, was convicted twice of failing to register as a convicted sex offender within 72 hours of changing his address. The trial court sentenced Bradshaw to life imprisonment as required by Georgia law requires. Bradshaw was originally convicted of statutory rape for which he was required to register as a sex offender. Upon his release from jail for that crime, he made two attempts to register his address at two different residencies, but both addresses were rejected by the sheriff’s department since they were located too close to a recreation center and a church. Bradshaw then attempted to register at a third address which did not exist, although it was close to a family friend where he hoped to live. An investigator made contact with his sister concerning Bradshaw’s failure to register, and within 24 hours, Bradshaw turned himself in to authorities.

Bradshaw appealed the sentence arguing that it was cruel and unusual under the Eighth Amendment. Thus, the Court had to consider whether the harshness of the sentence was grossly disproportionate to the gravity of the offense. In examining the gravity of the crime, the Court reasoned that failing to register does no violence to anyone but is instead a passive crime. In addition, Bradshaw made two attempts to register a valid address and was accessible to police. The Court then examined the harshness of the sentence. Only the penalties of capital punishment and life imprisonment without parole are more severe than life imprisonment. It is also the most severe sentence that can be issued for any crime except murder and repeat violent felonies. Based on this evidence, the Court felt that the issue of gross disproportionality was properly raised by Bradshaw.

The Court then confirmed their suspicion of an Eighth Amendment violation by comparing Bradshaw’s sentence to the sentences imposed for other crimes within Georgia as well as the same crime in other states. The Court found that the crimes in Georgia which require a mandatory life sentence are violent crimes such as murder and kidnapping with bodily injury, and that these crimes have a higher degree of culpability than the failure to register. Also, other violent crimes such as voluntary manslaughter and aggravated battery may receive as little as one year in prison. The Court then turned to other states where it found that only Georgia requires life imprisonment for a second violation of failing to register. Consequently, the court found the penalty of life imprisonment to be unconstitutional for failing to register and vacated Bradshaw’s sentence.

Our criminal lawyers have been helping people charged with sex crimes for many years. We have recently seen people charged with registration violations who are facing sentences more severe than sentences imposed for actual sex offenses like molestation and rape. We hope this strong statement from the Georgia Supreme Court will result in penalties that make more sense for this type of registration violation.

Gainesville criminal lawyer and public defender Anne Watson won a very difficult child molestation trial for her client earlier this week. Her client, Joshua Stewart, had been charged with aggravated child molestation based on allegations that he molested a 4 year old girl he was babysitting. He had spent the last year and seven months in jail because the judge had twice refused to grant him a bond.

The Gainesville Times has the story.

Ms. Watson did an outstanding job of representing her client. She obtained a medical expert to rebut the State's medical expert, and focused on problems with the forensic interviews and protocols followed by law enforcement. Apparently, there was also a delayed "outcry" and some inconsistent statements made by the alleged victim. But the case was especially difficult to win because the State had introduced evidence of a supposed similar transaction - another molestation allegation involving an 8 year old child.

Child molestation cases are very difficult to defend. Once a child claims to have been molested, law enforcement and child protective services like DFACS are sometimes quick to jump to conclusions without really considering all the evidence and the credibility of the person reporting the incident.

Had Mr. Stewart been convicted, he would have served a minimum of 10 years in prison. More likely, he would have been sentenced to 20 or 30 years. Had the crime been committed this year and he was convicted, the mandatory minimum would have been 25 years. It is obviously a very serious charge. But that doesn't mean he did it.

Child molestation is a tragic crime, and it certainly does occur in our society. People who abuse children sexually also deserve harsh punishment. But our firm has seen more than our fair share of people falsely charged with this offense.

Fortunately, we have been able to help several of our clients get these allegations dismissed prior to indictment by re-investigating the case with our investigators, forensic and medical experts and polygraph examiners. Once we prepare a solid defense, we often try to convince the prosecutor not to pursue the charges. In the few cases that do go to trial, we have been successful in wining acquittals through extensive pretrial preparation.

Congratulations to Ms. Watson and her obviously relieved client. We are encouraged that the jury held the State to their burden of proof beyond a reasonable doubt.

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.

Brent Powell, a Cochran, Georgia police officer, was arrested earlier this week on charges of child molestation, enticing a child for indecent purposes and interference with custody. In addition to being a member of the Cochran, Georgia police department, Mr. Powell had also served as the police chief for a small town in Wilcox County, Georgia. The Macon Telegraph has the story.

But Officer Powell is not alone. There were at least two other police officers charged with serious sex crimes this week in Georgia.

Gregory Graham, a Fulton County police officer, was charged this week with child molestation, incest and rape. He was arrested at his home in Coweta County where the charges are pending. The Atlanta Journal Constitution has the story.

And there's one more. A Forest Park, Georgia police officer was also arrested this week and charged with child molestation. The Atlanta Journal Constitution is following that story as well.

If any of these officers are convicted or later plead guilty to these charges, they are looking at mandatory minimum sentences of 10 years and up. Child molestation charges also require sex offender registration and onerous conditions of probation once the prison terms have been served. Of course, as police officers, they will likely have problems with their POST certification and ability to continue in law enforcement.

Our firm has represented several law enforcement officers charged with serious crimes. Criminal cases involving police officers as defendants present some unusual challenges for defense lawyers. On the plus side, most jurors seem to require a higher level of proof before convicting a person who has a long and honorable record of serving their community. On the negative side, the punishment for officers convicted of serious crimes is usually more severe than for most other defendants. Many judges and prosecutors say that police officers should hold themselves to a higher standard. (In reality, they are probably more concerned about the negative public perception that is created when a police officer is charged with a serious crime.) Regardless, the punishment for a cop who breaks the law can be unusually harsh. There is also a lot more pre-trial publicity in these cases. That can make them harder to defend.

Obviously, we don't know if these officers are guilty of anything. They should get the benefit of the doubt they are entitled to under law before they lose their certification. Many times the allegations are not true. We have seen far too many cases where the investigating officers rushed to judgment without first conducting a proper investigation. We have had several clients accused of child molestation where the charges were later found to be false. Fortunately, we were able to get these cases dismissed before trial.

If the criminal defense lawyers representing these officers do their homework, the allegations will be thoroughly investigated prior to indictment. Perhaps they will also consider polygraphs and forensic experts. (Although polygraphs cannot usually be admitted in trial, absent a stipulation with the prosecutor, they can be very helpful in resolving these cases before they ever get to trial.)

If they are acquitted, or the charges are later dismissed, I hope these officers will remember that it's easy (but wrong) to charge someone with a serious sex crime like child molestation without a proper investigation. As they will no doubt soon appreciate, just an arrest for a sex crime can dramatically change someone's life. Even if the charges are later proven false.

Ronald Malcus James, a former Walton County Georgia teacher, was indicted this week in Athens for his alleged involvement in internet child pornography. The Macon Telegraph and Athens Banner Herald have the story.

In Georgia, internet child pornography cases are usually charged under Georgia laws dealing with sexual exploitation of children and computer pornography. The charges can be serious, although Georgia does not have the same mandatory minimum penalties that are provided under federal law for receipt and/or transmission of child pornography. But even in Georgia courts, most prosecutors will seek jail time for people convicted of possessing multiple images of child porn.

Not surprisingly, the Georgia Bureau of Investigation (GBI) is investigating this case. That agency usually gets involved in these cases because it has the capacity to conduct a computer forensic analysis and search for unlawful images on computers seized after arrest or through the execution of search warrants. Most local police departments in smaller Georgia cities and towns do not have this capability.

Our firm has represented several people charged with possession, transmission and receipt of computer child pornography. Like most criminal defense lawyers who handle these cases, we will first try to challenge the seizure of any computers and hard drives. We will also try to determine if there is a problem with the way the initial investigation was conducted.

The best way for a criminal lawyer to defend a case like this is to a retain top-notch computer forensic expert. We have used several computer experts to help us thoroughly review the physical evidence in child pornography cases to determine if there is a defense to the possession of the images. In several cases, we have found evidence that the images were inadvertently received and downloaded. We have also been able to show that, in some cases, the person charged with the crime tried to delete the image numerous times. In our experience, this is the only way a defense attorney can win or successfully resolve a case like this.

These cases can be particularly difficult to win at trial because the images are usually so disturbing that a jury may be ready to convict the person as soon as they see the pictures. That's why it is so important to try to get these cases resolved before they ever get that far.

A Cobb County teacher was found "not guilty" of aggravated child molestation earlier this week after a jury trial. The Atlanta Journal Constitution has the full story.

Apparently, the teacher (Gregory A. Leontovich) was charged because one of his students told authorities that he sodomized her in a restroom at the school where he worked.

According to the teacher's defense attorney, however, the state's case fell apart once the jury realized that the girl's story was impossible - she could not have been alone with him in the restroom because the students are not allowed to go to the restroom without a "buddy."

Amazingly, the teacher had not even been interviewed by the police before they decided to arrest him. It also looks like neither the police nor the District Attorney's Office tried to determine whether the girl's story was credible before Leontovich was arrested, indicted and humiliated. They did not even interview the other teachers at the school until 10 weeks after the alleged incident.

Leontovich went through two years of humiliation, and thousands of dollars in legal fees for his top-notch criminal defense lawyer. He had to resign from his job, and is having difficulty finding work.

Leontovich had been a teacher since 1992. He loved the work, and was respected and admired by his students and the other teachers. In fact, many of them came to court to support him before and during this difficult trial. (Seventy of them showed up at the bond hearing.) But now, even though he was acquitted at trial, he will always have an arrest record and will carry the "scarlet letter" of an aggravated child molestation charge for the rest of his life.

The AJC's Mike King wrote an excellent editorial about the devastating effects of a false child molestation charge, and how a "not guilty" verdict won't repair the damage done by this allegation.

Our firm has had our fair share of false child molestation cases. In several of these cases, we were able to get the charges dismissed prior to an indictment or trial. In fact, we recently helped a client avoid an indictment for molestation in Cobb County, where Leontovich was charged. Our client, like Leontovich, had been charged and arrested without an adequate investigation. As in so many of these cases, the police just accepted the story and then tried to make all the other facts fit their version of what happened. Fortunately, we were hired before the indictment and had time to develop a strong defense. We convinced the district attorney's office to dismiss the case. We are currently trying to help this client get his arrest record expunged. But the damage done to him and his family as a result of the arrest and initial jail time will take many years to heal, if it ever does.

A couple of years ago, I tried an aggravated child molestation case where the witness had completely made up a story that she was sodomized by our client at knife point. The story was incredible, but there was no one else present to disprove it. It was just our client and the complaining witness, a typical "he said, she said" problem. The district attorney refused to consider our client's innocence, so we went to trial. We won and our client was acquitted of all 6 counts charged against him. But the case was very difficult and expensive, and unnecessary.

There would be far fewer false child molestation allegations if the police did a better job of screening these cases before indictment. A thorough investigation is not too much to ask when you consider how the sentences for these offenses are going through the roof. (Aggravated child molestation now carries a mandatory minimum sentence of 25 years to serve in prison, no parole or probation).

Congratulations to Mr. Leontovich and his Atlanta defense lawyer Barry Hazen for their win in Cobb County. It's a shame he had to go through it, but it does remind us of the importance of a good defense and an impartial jury. I only hope Mr. Leontovich is able to get his life back on track after enduring this unnecessary persecution.

This story in the Atlanta Journal Constitution raises more questions than it answers. There is still a lot about the Chief's "retirement" that remains a mystery. But one thing is for sure, he's gone from this department.

This story is especially interesting because this police department was one of the first (if not the first) department to start bringing these computer sex chat cases in Georgia. And they are still doing it. In fact, we have an internet sexual exploitation case currently pending in Fayette County, Georgia that was investigated (actually, initiated) by this department in Peachtree City. It may go to trial next month.

We have successfully represented many people charged with computer sex crimes, including sexual exploitation of children and computer child pornography. We have a dozen of these cases pending in different parts of Georgia, and we expect to be successful in our case in Fayette County as well.

Although sexual exploitation cases can be challenging, we have been successful in resolving several of these cases for probationary sentences. The key is extensive pre-trial preparation. Our law firm usually hires a computer forensics expert to assist us in evaluating the authenticity of the chats, and then we consider entrapment and other legal defenses. The character of our client, and the lack of any criminal history, also helps. I have heard from some of our clients that many defense attorneys simply want to give up when faced with computer pornography or sexual exploitation charges. But these cases can be won. It just takes a lot of time, effort and relevant experience.

I doubt that the Chief's "retirement" will have any effect on any pending case, or the future of these prosecutions in Georgia. It does show, however, the problem with interpreting online chats and conversations. Maybe this Chief now understands how emails and chats can be taken out of context.

The Georgia Supreme Court today struck down a critical portion of Georgia's Sex Offender Registration law by declaring its residency restrictions unconstitutional. In Mann v. Georgia Department of Corrections, the Court held that the statute unconstitutionally forces individuals to move whenever a new child care facility, church or school happens to move within 1,000 feet of the person's previously permissible residence.

Anthony Mann is a registered sex offender who in 2002 pleaded nolo contendere in North Carolina to the offense of taking indecent liberties with a child. In August 2003, he got married and he and his wife purchased a home in Clayton County, Georgia. At the time it was purchased, the home complied with Georgia's sex offender residency restrictions as it was not "within 1,000 feet of any child care facility, church, school or area where minors congregate." Additionally, in October 2004, Mann became a part-owner and day-to-day operator of a barbecue restaurant that similarly was in compliance with the statute (the statute also prohibits Mann from being "employed by any business or entity that is located within 1,000 feet of an area where minors congregate").

At some point thereafter, child care facilities were erected within 1,000 feet of Mann's home and business. Mann's probation officer demanded that he quit the barbecue business and remove himself from his home or be subject to arrest on felony charges.

Mann filed a civil suit in Clayton County Superior Court alleging that the statute's residency and employment restrictions constitute an unconstitutional government taking of his property in violation of the Fifth Amendment to the U.S. Constitution. The Court partially agreed holding that forcing Mann to give up his home without providing compensation was unconstitutional, but that the Constitution did not prohibit the government from forcing him to find new employment.

The Court was particularly troubled by the legislature's failure to include a "move-to-the-offender" exception that would allow a person who establishes residency or accepts employment in a permissible location to stay there when a new child-related establishment moves nearby (the statutes in Alabama, Iowa and other states contain this type of exception). Without this exception, the Court reasoned that "there is no place in Georgia where a registered sex offender can live without being continually at risk of being ejected."

Essentially, the statute amounts to an unconstitutional taking of a person's property when it forces an offender who owns his residence in a permissible location to move when a new child-related establishment moves in. An individual who rents his residence does not have the same constitutionally protected property interest as a landowner. The Court also found that Mann's interest in his barbecue business was not protected by the Constitution either. Although the statute directly deprives Mann of his right to work on site at the restaurant, it does not compel him to relinquish his ownership interest or to relocate the business in order to maintain his interest in it.

Over the last two years, our firm has been asked to handle many sex offender registration cases similar to the one decided today. The decision will not only affect our current clients, but will likely open the door to future litigation to address the rights of others, like Mann, that had been forced to leave their homes as a result of this law.

The decision today puts an end to a sixteen month campaign where the state forced thousands of people out of their homes--many of them were landowners like Mann. There are also many criminal prosecutions, for violations of these restrictions, that will now undoubtedly be dismissed.

Several proponents of the statute have criticized the decision fearing "that now convicted felony sex offenders are free to live anywhere they want to in Georgia." In reality, though, the legislature will most likely take their first opportunity in January to amend the statute by adding the "move-to-the-offender" exception that has been adopted by other states. Doing so will likely satisfy the Supreme Court and allow the state to enforce a modified version of these residency restrictions next year.

Genarlow Wilson should soon be a free man. Earlier today, the Georgia Supreme Court issued its decision affirming the habeas court's order vacating Wilson's felony aggravated child molestation conviction. The Court found that the ten year prison sentence was "cruel and unusual" and violated both the Georgia and United States Constitutions. The Court disagreed, however, with the habeas judge's decision to impose a misdemeanor conviction on Genarlow. Instead, the Court held that Genarlow should have no conviction and should be released from prison as soon as the habeas court amended its order. I understand that the habeas judge amended his order earlier today. As a result, Genarlow may be walking out the prison door this afternoon. The full story can be found in the Atlanta Journal Constitution.

The Supreme Court split 4 to 3. The majority opinion was written by Chief Justice Sears. Justices Carley, Hines and Melton dissented. Justice Carley's dissent argues that the Court's decision ignores the legislature's intent that the new misdemeanor punishment for this offense should not be applied retroactively. According to Carley and the other dissenting justices, the legislature's decision to keep people like Genarlow in prison for at least ten years should be controlling, despite the fact that the same offense would now carry only a maximum of 12 months in jail.

The decision surprised some, but pleased many. Given the Court's decision to deny cert to Wilson in an earlier appeal, many commentators thought the cruel and unusual punishment argument would be dead on arrival. But the Court was "comfortable" finding Genarlow's sentence to be excessive considering the "evolving standards of decency" as recognized by the Georgia legislature when they enacted the new misdemeanor statute.

Congratulations to Genarlow and his vigilant team of lawyers, led by B.J. Bernstein. This case proves that hard-work, persistence and the right amount of public pressure can truly change lives.

A Clayton County, Georgia police officer was charged this week in another internet sex sting. The Atlanta Journal Constitution has the story of the arrest.

These cases just keep coming. Some criminal defense lawyers, including this one, think it's becoming less of a law enforcement pursuit and more like a witch-hunt. One defense attorney recently went a step further and asked a superior court judge in Northeast Georgia to issue an arrest warrant for the leader of "Perverted Justice", the group Dateline NBC uses to set up these stings. The Athens, Georgia newspaper covered the story, and the lawyer's appeal to the Georgia Court of Appeals.

These cases are generally prosecuted in Georgia state courts, not federal courts. The only time the United States Attorney's office gets involved is if the person is found to have a large amount of child pornography on his computer, or if the person traveled across state lines for the purpose of committing child molestation. And even then, the feds have usually investigated the case from the beginning using federal agents (mostly ICE and FBI). Federal prosecutors have so far stayed away from cases brought by Perverted Justice. I think they see too many problems with an operation like this being run by people who are not working for law enforcement.

We've successfully represented clients in several internet sex cases. Usually, they have been charged with sexual exploitation of a minor, attempted child molestation, and/or enticing a child for indecent purposes. Fortunately, we have been successful in defending many of these cases. I have seen a few cases where the undercover cop goes too far and actually entraps the person into doing something they would not otherwise have done. We think there is also a defense for some of our clients who did not actually believe they were emailing an underage girl. Considering the role-playing that goes on in these chat rooms, a lot of people lie about their age, their height and anything else they can think of.

But people are still getting caught up in these email exchanges and they end up being arrested. We were just retained to represent a well-respected Marine who may have been entrapped by these people. The Albany, Georgia newspaper has the story. We look forward to defending him.

In our opinion, there is a big difference between molesting a child and chatting with a 50 year old male cop who is pretending to be a sexually-active, promiscuous teenager. One is a crime, the other is just stupidity.

Defense lawyers were successful yesterday in a child molestation case in Marietta (Cobb County), Georgia. The jury returned a verdict of "not guilty" on one count, and could not reach a verdict on the other counts. The defense lawyers who tried the case were obviously pleased with the result. The Atlanta Journal Constitution discusses the verdict and the lawyers' reactions.

Our law firm has handled dozens of false accusations of molestation. Many times, we can investigate the case before an indictment and convince prosecutors not to charge our client. But it takes a lot of work. One of our clients was arrested for molesting two of his step-daughters. We hired a former FBI polygraph expert, had the daughters re-interviewed by our investigator (another former FBI agent), and had a forensic expert review the videotaped interviews of the children to point out the leading questions used by the examiner. The client was never indicted and all charges were dismissed.

In another case, we were retained after indictment and had to defend the case at trial. The client was charged in Winder (Barrow County), Georgia with six counts of aggravated child molestation. We were able to convince the jury that the allegations were false and the jury found him not guilty on all counts.

Sometimes, we are brought in to handle the appeal. Earlier this year, we were successful in reversing a child molestation conviction for our client based on ineffective assistance of counsel. The client would have served the rest of his life in prison, but the Georgia Supreme Court reversed his conviction. He was released from prison last month.

There are certainly legitimate cases of child molestation. But we are seeing more and more false molestation arrests because law enforcement will often accept the child's version of the events without fully investigating the circumstances of the allegations. Given the recent statutes increasing the punishment for these offenses to mandatory prison sentences of up to 25 years for the first offense, lawyers defending these cases need to be diligent and reach out to experts in the field for ways to determine if the allegations may be false and/or motivated by an unknown agenda.

No one needs a good defense lawyer more than someone charged with a sex offense.