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If you are suspected of a crime or charged with a violation of law, you may require the services of a criminal defense attorney to present your defense or negotiate a penalty. As different rules and procedures exist for different offenses, you should seek a criminal defense attorney who has worked on your particular type of case to provide you with the best defense. An experienced criminal defense attorney knows what information the government will need to prove your guilt.

Conyers criminal defense attorneys Hall, Martin, and Sinkler P.C. will know what information you need to prove your innocence, including whether there are any legal rules justifying your actions.

Criminal Defense

The rights of the public vs. the powers of law enforcement sometimes are at odds or out of balance. Every citizen is presumed innocent until proven guilty and our system of justice continually must seek the best and fair course when deciding on the rights of citizens in investigations by police. Police erred by not obtaining an extended search warrant before attaching a tracking device to a drug suspect’s car, the Supreme Court said in a unanimous ruling in January.

A majority of justices said that secretly placing the device and monitoring the man’s movements for several weeks constituted a government "search," and therefore, the man’s constitutional rights were violated.

Four other justices also concluded that the search was improper but said it was because the month long monitoring violated the suspect’s expectation of privacy.

That difference of legal analysis may create further confusion among law enforcement over when and for how long such high-tech operations can be used, on both criminal suspects and the general public.

At issue was whether movement in a private vehicle on city streets is "public" in nature.

Growing sophistication of electronic devices to monitor the movements of suspects made this issue ripe for review, since lower courts had disagreed on when such surveillance is permissible without a warrant.

The devices send an electronic signal to a satellite, allowing real-time plotting of someone’s whereabouts. A citizen was suspected of trafficking cocaine on the side. A

joint FBI- police team covertly attached a GPS device to his Jeep outside the terms of a warrant. A warrant had been granted, but installation of the GPS device was authorized by a judge only within 10 days and

only in a certain location. Agents waited until the 11th day to secretly place it on the vehicle, and they did so in a neighboring state. He was then monitored for 28 days as he drove around the area.

He was eventually tracked to a house where law enforcement officers discovered nearly 100 kilograms of the illegal narcotic, along with about $850,000 in cash. The man was sentenced to life in prison. The

question of rights vs. law enforcement will continue to be decided case by case and is an important issue for Conyers criminal defense attorneys at Hall, Martin, Sinkler, & Assoc, P. C.  in Conyers, Covington, and Rockdale County Georgia. 

The court was being asked to decide whether such covert surveillance violated the Fourth Amendment and whether in this case it should be considered a "search," a "seizure" or both. The justices agreed police violated the man’s rights but disagreed on just why. The Constitution’s Fourth Amendment says, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated."

Gordon Hall, managing partner of Hall, Martin, Sinkler & Associates in Conyers, Georgia is experienced in criminal defense matters in Rockdale County. 

Donald Bristol of Lilburn is a former Dekalb County police officer who has been sentenced for multiple crimes.

He has been sentenced to a year and a day in a federal penitentiary after pleading guilty to corruption charges.

Bristol lied to federal agents, helped to hide a stolen car and illegally accessed a government database.

Conyers criminal defense lawyers , Hall, Martin, Sinkler & Associates are experienced in helping defendants battle a potentially corrupt system. Hall, Martin, Sinkler & Associates in Conyers, Covington, Rockdale,

and Douglasville Georgia is experienced in helping exonerate defendants.

Source:

David Ibata 

The Atlanta Journal-Constitution 

Just after midnight on many weekend nights, individuals in their cars and trucks are stopped for any number of various traffic violations on any major thoroughfare in towns and communities in our state. During a vehicle search, the officer many times will discover an amount of prescription painkillers, cash and pain-clinic appointment cards. The owners will try to tell the officer that the drugs – including Oxycodone, Meloxicam, Indomethacin, Phentermine and Ciprofloxacin, all of which prescribed to him – were to treat pain from some type of accident years ago, and that they were traveling from Kentucky to Florida for vacation. Sometimes the officer will write a warning and release them.

But cases involving prescription painkillers are relatively common, authorities say. And the abuse of prescription drugs now ranks second, behind marijuana, as the nation’s most prevalent illegal drug problem, according to the White House Office of National Drug Control Policy.

In many communities in Georgia alone, the number of arrests for prescription or over-the-counter drug abuse jumped by 15 percent in one year, city police said. In 2009, such abuse accounted for 13 percent of all drug arrests. By 2011, it was 28 percent, police said. Traffic stops are usually when police discover such abuse.

Local law enforcement are actually encountering a lot more people passing through, generally coming from Ohio and Kentucky, traveling to Florida to purchase the medicine.
Unlike Georgia, states such as Kentucky, Ohio and Tennessee have systems to monitor prescriptions. In Florida, there is an abundance of so-called "doc in a box" clinics that casually prescribe medicines and sometimes fill the prescriptions. That explains the traffic, and arrests in Georgia, said Rick Allen, deputy director of the Georgia Drugs and Narcotics Agency. Prescription drug abuse is an epidemic throughout Georgia.

Many "pain clinics" are owned by businessmen and not doctors. Often, the clinic owners find any doctor they can get to prescribe medication. As long as the doctor is legitimate, it’s legal. As long as the doctor and prescription is legitimate, it’s legal. Law enforcement can only look out for forged prescriptions and investigate if there is a suspicion someone is going to more than one doctor for drugs. Hydrocodone, a pain reliever, is the number-one drug of abuse in Georgia. Of 25 forged prescriptions, 20 of them would likely be for hydrocodone, which sells for about $10 a tablet.

Other drugs such as, alprazolam, which is sold under the brand name Xanax, methadone, and oxycodone are among the most prevalent found in drug overdose-related deaths in Georgia.
Chief Magistrate Court Judges that preside over the Conyers, Covington and Riverdale Drug Court, hear cases of arrests made by the East Metro drug squad. Most cases involve illegal drugs like marijuana and cocaine, but prescription forgery has been a growing crime for a number of years.

Conyers Criminal Defense Lawyers Hall, Martin, Sinkler & Assoc, P. C. are experienced in the defense of clients who need an attorney for this type of legal problem. And the problem is not limited to adults. High School students being suspended for sharing Xanax tablets at a school-related event is all too common. Law enforcement officials say teenagers are some of the most frequent offenders. The main sign of prescription drug addiction is major change in behavior, such as a person becoming too tired or too emotionally high. In children, signs include a change in friends or mood. Prescription drug addicts are very good at hiding their addiction. For example, if an addict is taking a depressant drug like benzodiazepine – commonly used to treat insomnia – he or she might use the excuse that work has made them tired.

Information on prescription drug abuse treatment can be found on the Georgia Department of Behavioral Health & Developmental Disabilities’ Web site at www.mhddad.dhr.georgia.gov. For the Georgia crisis and access line – available 24 hours, 7 days a week – call 1-800-715-4225.

Those who are regularly taking more prescription drugs than they’re supposed to in Georgia need to get into a drug abuse treatment program and contact Conyers Criminal Defense Lawyers Hall, Martin, Sinkler & Assoc, P. C. to help fix their legal issues. If you live in Rockdale, Newton, or Douglas county contact us today to get the help you need if you are involved with the legal system because of prescription drugs.

Our drug and DUI laws apply to everyone and sometimes individuals find themselves in a situation where of the law maker becomes the law breaker. A certain republican state congressman from Georgia and sponsor of a bill that would have submitted all welfare recipients to random drug testing, was arrested on a Friday night in January for driving under the influence of alcohol.

The individual was pulled over after running a red light on his way home from a restaurant, Atlanta’s Channel 2 Action News reported:

The officer said when he walked up to the car he could smell the odor of alcohol coming from the car and then started asking some questions.

After telling the officer he was at Hal’s restaurant where he had a single beer and it had been 45 minutes since he had the last drink, a sobriety test was given to the individual which he had trouble completing.

According to a police report he was also above the legal limit in blood alcohol levels.

The bill if passed would implement random yearly drug testing for welfare recipients. According to the bill, anyone who failed such test would be cut off from public assistance. In response to this proposal, Democratic state Representative submitted legislation that would instead require all state lawmakers to undergo random drug testing.

David Ralston the Georgia House Speaker said he would be looking into the matter.

DUI can be a very serious charge that can damage a reputation and cast an unfavorable light on a career or profession. The irony of our legislators breaking laws while making laws for the citizens of Georgia is a sad commentary. Conyers DUI lawyer Hall, Martin, Sinkler & Assoc, P. C. have competent DUI attorneys that are experienced with these types of cases. Making an error in judgment like the above can be very embarrassing, but a good defense is every citizen’s right.

For those facing drug charges in Rockdale County or those accused of drug crimes in Conyers, you need the help of an experienced criminal defense attorney. Conyers lawyer, Gordon Hall, managing partner of Hall, Martin Sinkler & Associates in Conyers, Georgia is experienced in criminal defense matters in Rockdale County. Drug crimes reach across socio-economic levels and even police officers can be accused and later convicted of drug charges.

Jonathan S. Callahan, 28, of Fayetteville, Georgia will spend more than five years in federal prison after being sentenced Tuesday for public corruption, drugs and civil rights violations, the U.S. Attorney’s Office announced. Callahan pleaded guilty on Oct. 24 after being indicted on several charges in August 2010. "Actions were that of a selfish individual and not reflective of this department," Clayton police Chief Gregory Porter said in the news release. Callahan provided protection for a drug transaction that he believed involved at least a kilo of cocaine, authorities said. The deal was actually a sting operation. Callahan charged $1,000 for the protection. On July 15, 2010, Callahan also stole two firearms from a citizen in an illegal search and seizure.

“It is unthinkable that a citizen stopped by a police officer on our roads would become the victim of highway robbery at the hands of that officer," U.S. Attorney Sally Quillian Yates said in a statement.

(source: AJC article by Angel Brooks)

Hall, Martin Sinkler & Associates has experienced criminal defense lawyers right here in Conyers, waiting to assist you in mounting an aggressive defense against drug charges you may be facing in Rockdale County.

The State of Georgia takes all drug possession offenses very seriously, this includes marijuana. If you are up against a marijuana charge and are concerned about the possibility of jail time and other serious consequences, please call our experienced Georgia criminal defense attorneys at Hall, Martin, Sinkler & Assoc, P.C. in Conyers, Covington, Rockdale and Douglasville Georgia for a consultation today.

With any marijuana possession conviction, you face a driver’s license suspension. If you can’t afford to be without your license, contact us to find out how we can help.

Possession of Marijuana Laws

You can be charged with possession of marijuana even if you are not “holding” the drugs. That’s right, if you are “in control” of the marijuana you can be found to be in possession of it. This means that if the drugs are within your reach and a reasonable person would believe you had knowledge of it, you possess it. This could be in the glove compartment, on your coffee table, or under your seat.

First Offense Marijuana Possession Laws (less than 1 ounce)

If this is a first misdemeanor marijuana possession, we can fight for a conditional discharge, or diversion. What this means is the judge will order you to carry out a probation term. If this term is completed successfully, the marijuana charge will be dropped and not reflected on your record.

However, if you violate the probation, your case will be sent to trial and you will potentially face the maximum sentence for a first time offender.

This probation can include drug counseling, therapy, attendance at meetings, etc.

If you are not granted a conditional discharge or your probation is revoked, you will face up to $1,000 in fines and up to 1 year in prison.

Marijuana Possession Penalties – Second and subsequent offenses (less than 1 ounce)

If you are caught with less than 1 ounce for a second, or subsequent time, it is still considered a misdemeanor. Under Georgia law, you will face up to $1,000 in fines and up to 1 year in prison.

Felony possession of Marijuana (more than one ounce)

If you are caught in possession of marijuana and it weighs more than one ounce, you are facing serious felony charges.

The potential charge for felony possession of marijuana is 1-10 years in prison and more than $1,000 in fines. Regardless of the amount of marijuana you are convicted of possessing, your driver’s license will be suspended. If you have any previous drug possession convictions that will increase the length of your driver’s license suspension.

Possession of Drug Paraphernalia Laws

Along with being charged for possessing the controlled substance, you can also be charged for having the paraphernalia used with the drugs. Possession of drug paraphernalia is a misdemeanor and can be punished with up to $1,000 in fines and up to 1 year in prison.

Other Georgia Drug Law Facts

Although Flunitrazepan (also known as Rohypnol, the “date rape drug”) is a Schedule IV substance, it is a drug taken VERY seriously by the State of Georgia. For that reason, it is sentenced similar to Schedule I and II offenses.

Georgia’s location has law enforcement aware that it has a great capability to contribute to the Nation’s illegal drug trade. For this reason, drug possession is not taken too lightly, particularly for re-offenders!

Get a Legal Consultation on Any criminal drug charges in Georgia. Please call or contact the Georgia criminal defense attorneys Hall, Martin, Sinkler & Assoc, P. C. in Conyers, Covington, Rockdale and Douglasville Georgia . Don’t take a drug charge lightly. Get the best help you can, right away.

A Riverdale man is in custody after a traffic stop in Douglas County led to the seizure of more than 100 pounds of marijuana. The Douglas County Sheriff’s Office said a suspect, 38, was arrested Wednesday night on I-20. According to the Douglas County Sentient l , Deputy Ryan Cadwell became suspicious as he followed a Dodge Durango traveling west on I-20 and noticed the driver crossed the line at the side of the road several times. Cadwell pulled the Durango over and got permission from the driver to search the vehicle, the Atlanta Journal Constitution reported. When he did, he found five plastic trash bags filled with marijuana. The marijuana totaled 103 pounds with a street value of as much as $300,000. He was charged with marijuana trafficking and is being held without bond in the Douglas County Jail. Most people don’t go around with 103 pounds of pot in their car, but even if someone has a small amount of an illegal drug in their possession the consequences can be severe. The State of Georgia takes drug offenses very seriously, and that is reflected in the Georgia drug possession laws. Many drug offenses can land you in prison and you need to call the Conyers criminal defense lawyers of Hall, Martin, Sinkler & Assoc, P. C. In Rockdale, Newton, and Douglas County; you can trust us to get you the best results. Call us with any questions you have about the charges you are facing and a consultation about your case. If you are being charged with possession, it is important you know that your potential sentence depends on the type of drug you were caught with. Drugs are classified by “schedules”, in accordance with federal classifications.

Georgia Drug Classifications:

Schedule I

Drugs classified under Schedule I include heroin, peyote, LSD, GHB, ecstasy, and hallucinogenic mushrooms.

Schedule II

Schedule II drugs include: raw opium, morphine, oxycodone, cocaine (including crack-cocaine), fentanyl, methadone, and methamphetamines.

Schedule III

Schedule III drugs include some steroids such as testosterone and ketamine.

Schedule IV

Some drugs under schedule IV include clonazepam, diazepam, and Phenobarbital.

Schedule V

Schedule V includes drugs that have low levels of codeine, opium, and ethyl morphine.

Note:

These lists are not exhaustive. Some drugs are listed in more than one schedule depending on the concentration of the chemical elements in the drugs.
Many prescription drugs are included in the schedules as a method of controlling illegal and improper usage.

What is Drug Possession under Georgia Drug Laws?

The way that the State of Georgia defines possession is important in determining if someone is guilty of a possession charge. In Georgia, possession can be “actual” or “constructive”. This simply means that the drugs do not have to be in your pocket or on your person in order for you to be charged and found guilty of possession. If you have control over the drugs, whether they are in your glove compartment or on your coffee table, is what determines if you are in possession of the drugs. Also, if an officer sees you throw or attempt to hide a package that is later determined to contain drugs, you can be charged with possession.

Georgia Drug Possession Penalties:

Drivers License Suspension

If you are convicted of possession, your license will be suspended. If this is your first offense, there is a mandatory suspension of 6 months. If this is your second offense, you will lose your license for 1 year. If this is your third or subsequent possession charge, you will lose your driver’s license for at least 2 years.

If this is your first possession or drug related charge, the judge may offer you a “conditional discharge”. A conditional discharge allows for you to admit to the possession without a conviction or guilty plea being entered on your record. You then serve a probation term which, if completed successfully results in the original charges being dropped.

If you violate the terms of probation during a conditional discharge, you can be charged and brought to trial for the possession charge.

We recommend you consult with Conyers criminal defense attorneys familiar with drug possession issues and laws in Conyers, Covington, Rockdale and Douglasville Georgia. Give us a call for more assistance!

Assault with a Dangerous Weapon

Assault with a dangerous or deadly weapon is a serious crime that can be charged in one of two ways: as a felony or as a misdemeanor. Georgia has what is known as a “Three Strikes Law,” and the felony assault with a dangerous weapon would get one of the three strikes.

Assault is usually the threat of violence, rather than the actual act of touching or hurting another person. Inflicting bodily injury on someone else is known as battery instead, but assault can still be a serious crime especially if the person in question is believed to have had a dangerous weapon during the time of the assault.

Attorneys with experience in criminal law like the Conyers criminal defense lawyers of Hall, Martin, Sinkler & Assoc P. C. in Rockdale,  Newton, Covington, and Conyers Georgia are the best people to talk to when coping with this type of charge because we will have the legal knowledge to give you sound advice on how to proceed. If at all possible, we will also negotiate with the prosecutor to have the strike dropped from the charge, as this is a very serious mark on your criminal record. Speaking to an attorney at Hall, Martin, Sinkler & Assoc, P. C. about your case can make a big difference in how your case is handled and the defense that you are able to present at trial.

Assault with a Dangerous Weapon Laws

A person can be charged with assault with a dangerous weapon even if another person was not hurt during the incident. To be clear, assault does not have to involve any injuries whatsoever, it is merely invoking fear or threatening someone of committing violence with a deadly or dangerous weapon.

The weapon in question may be a gun, knife, or any other type of object or instrument that could reasonably be used to cause harm to another. Common household items can be considered a dangerous weapon if thrown, like bottles, glasses, or even otherwise harmless objects. If you kick at someone, your shod foot can even be classified as a dangerous weapon.

A car can also be considered a dangerous weapon if you come close to hitting someone with your vehicle.

Penalties for Assault with a Dangerous Weapon

Some possible penalties for those convicted of committing assault with a deadly weapon can include imprisonment, loss of license and ability to own firearms or other weapons, anger management classes, fines, probation, and parole. Any combination of these penalties may be levied against someone if the court in Rockdale or Newton County finds that the crime warrants it.

One of the most popular defenses against assault is self-defense. Self-defense is when you use force or threaten force in order to protect yourself or someone else from immediate physical violence.

The self-defense defense is known as an affirmative defense. An affirmative defense means that you and your lawyer do not dispute the facts of the case. This means that when the prosecution says you threatened someone with violence, you admit that you threatened someone with violence. However, you are saying that the reason you threatened someone with violence was valid and justifiable under the law.

If you can prove that your safety was in danger or that you had reason to believe your safety was in danger and that you used reasonable force against your would-be attacker, you may have a good defense in the self-defense claim.

Even in a situation where you may have committed a crime, your lawyer can set up a meeting with the prosecution to discuss what is known as a plea bargain. A plea bargain is when you admit guilt to a lesser charge to avoid the trial process and possibly a more severe conviction.

This means that even if you committed felony assault, your attorney may be able to talk the prosecution down to a misdemeanor, or that if you committed a more serious misdemeanor, your attorney can talk the prosecution down to a lesser misdemeanor.

Make a Plan

You and your criminal defense attorney will want to have discussions as soon as possible regarding your case strategy. Soon after your arrest, set up a meeting and go over the facts of the case. Based on these facts and your lawyer’s understanding of Georgia assault law, you will be able to come up with a defense.

If circumstances change or new information comes to light, then you and your lawyer can adjust your strategy accordingly. The important thing to remember is to seek out a lawyer you believe is knowledgeable about the law and whom you can trust, like the Conyers criminal defense lawyers of Hall, Martin, Sinkler & Assoc P. C. in Rockdale,  Newton, Covington, and Conyers Georgia.

This article is not legal advice and is not intended as legal advice. This article is intended to provide only general, non-specific legal information. This article is not intended to cover all the issues related to the topic discussed. The specific facts that apply to your matter may make the outcome different than would be anticipated by you. You should consult with a Conyers criminal defense attorney familiar with the issues and the laws of your jurisdiction. This article does not create any attorney-client relationship. Give us a call for more assistance!