Criminal Defense

Recent Cases

Federal drug conspiracy sentence reversed due to court’s improper application of the federal sentencing guidelines

October 10, 2009

The Eleventh Circuit recently vacated the sentence of a defendant after determining that the district court improperly found that he was a leader in a drug conspiracy for purposes of the Sentencing Guidelines. That erroneous finding had increased his sentence by four levels. In US v. Martinez, the defendant, Martinez, pled guilty to conspiring to […]

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Georgia criminal defense lawyer wins reversal of drug conviction of a Walton County man due to improper traffic stop

September 30, 2009

The Court of Appeals of Georgia recently had to determine if a suspect could be briefly detained where the facts showed that he was driving slowly and looking into the woods of an area where an alleged car thief was hiding. The court held that on these facts alone a person could not be detained. […]

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Georgia criminal defense attorney wins dismissal in Atlanta child molestation case on speedy trial grounds

September 30, 2009

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 […]

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Dekalb County grand jury criticizes Recorder’s Court

September 13, 2009

The DeKalb County Recorder’s Court was plagued by a ticket scam earlier this year which led to the indictments of three employees and five other individuals. A grand jury recently concluded that the court is haunted by lax oversight and leadership problems which continue to make it vulnerable to fraud. The Atlanta Journal Constitution has […]

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Georgia armed robbery conviction reversed due to use of co-conspirator hearsay

August 30, 2009

The Court of Appeals of Georgia has held that a conspirator’s statements made after his arrest which incriminate a co-conspirator are only admissible against the conspirator who made the statements, since such statements effectively end the conspiracy. The court also held that allowing statements from the interrogation of a non-testifying conspirator is a violation of […]

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