Atlanta Criminal Defense Lawyer Blog

If it seems to you that there has been a lot of violence in Gwinnett County communities as of late, you're correct. There have been 17 homicides so far this year; if that pace continues, Gwinnett County will easily outstrip the 28 murder that occurred last year and might even reach the neighborhood of the record of 50 homicides, which was recorded in 2007.

Authorities have said generally, most of the murders have been related to long-simmering feuds or drug deals gone awry. This spate of violence speaks to a need for greater understanding in our communities, dutiful police work so that guilty parties are brought to justice and the presence and vigilance of criminal defense attorneys who can stand up for defendants' rights and ensure that the prosecution of accused parties goes smoothly and fairly.

Well, this is not the kind of story anyone wants to hear -- the Atlanta police department is being accused of arresting innocent men in sex stings just so it can meet quotas.

Right now, the accusations are not very formal. Reporters at a local television station noticed that it seems like a lot of sex crime charges were being dismissed for lack of evidence. One of them investigated and was able to talk to several men who expressed befuddlement at how and why they were arrested. Although it is not unusual for a criminal suspect to proclaim his or her innocence, the similarities between the suspects' stories merit closer scrutiny.

Three Delta Air Lines employees were recently indicted following accusations that they tried to smuggle more than half a million dollars' worth of drugs through Atlanta's Hartsfield-Jackson International Airport.

Two of the accused, who are all men, have been arrested and a third is on the lam. A federal judge recently set bond at $150,000 for one of the two men in custody; the second defendant's hearing is pending.

According to authorities, the three men had tried to bring about $600,000 worth of methamphetamine and marijuana into Atlanta via a flight from Mexico City. The alleged operation was uncovered when a fourth Delta agent (who evidently was not involved with the other three) found a piece of unclaimed luggage, which was then opened and revealed to contain the drugs. Police arrested the first man because he was the supervisor of the luggage ramp through which the suitcase had gone. They became interested in the other two men after they searched the first suspect's phone and allegedly found incriminating text messages.

In signing a sentencing reform package this week, Gov. Nathan Deal has changed the way many nonviolent offenders will be sentenced in Georgia.  The new law will:

• Create new categories of punishment for drug possession crimes, with less severe penalties for those found with small amounts.

• Increase the felony threshold for shoplifting from $300 to $500 and for most other theft crimes to $1,500.

• Create three categories for burglaries, with more severe punishment for break-ins of dwellings by burglars who are armed and cause physical harm to a resident, with the least severe penalties for those who break into unoccupied structures or buildings.

• Create degrees of forgery offenses, with graduated punishment for the type of offense and amount of money involved.

The sentencing reform package is part of a broader criminal justice initiative pushed by Gov. Deal.  The Legislature also approved the governors recommendation to quintuple funding to $10 million for "accountability courts" that require defendants to work, seek treatment and stay sober.  The reforms are projected to save taxpayers $264 million over the next five years. 

The Special Council on Criminal Justice Reform for Georgians is expected to be called upon by Gov. Deal to address two initiatives the Legislature did not take up this year - decriminalizing many of the state's traffice offenses and allowing "safety valves" for some mandatory minimum sentences, thus allowing judges to depart downward for various drug and habitual violator offenses.

Source: The Atlanta Journal-Constitution, "Governor to sign sweeping justice reform bill" Aaron Gould Sheinin and Bill Rankin, May 1, 2012

In our April 18 post, we wrote about a case of embezzlement in which an Atlanta-area PTA had $54,000 stolen by someone it held in a position of trust. As we wrote at that time, embezzlement is an area of white collar crime that is flourishing these days because in a bad economy, many people are driven to desperate measures by financial pressures. It is also a rare area of crime in that it is more often committed by women rather than men.

Now, we have a second incident in the same vein to report. In another instance of alleged embezzlement, a 47-year-old Mableton woman has been accused of abusing her role as payroll manager for a doctor's office and awarding herself $173,000 in "paycheck bonuses." The "advances" were spread out across 30 transactions. In each case, she is said to have tacked a cash advance on to her paycheck - a transaction that she was permitted to make - before it was direct-deposited into her bank account.

We've all seen those movies where a tough-guy cop says that his modus operandi is to shoot first and ask questions later. That attitude might make for a good movie character, but it is pure Hollywood fiction -- or at least it should be. Police are supposed to use violent force only if their safety or those of others is in immediate danger.

An Atlanta police officer is going to face tough questions about his or her use of violent force after an altercation Monday morning. A man who was suspected of committing a crime (police have not described the crime in which he is a suspect) was walking down the street with a shotgun when he was shot in the hip by an Atlanta police officer. He was hospitalized afterwards and is in stable condition

William Nichols was charged with murder in September 2010. I represented William and the charges were ultimately dismissed.  In my judgment William should never have been charged in the first place.  There was no credible, believable evidence presented that justified criminal charges against William whatsoever.

William had been arrested in the killing of Terry Stephenson, the owner of Pin Ups, a strip club located in DeKalb County, Georgia.  William had been at the club with a co-worker, Joe Celestin, shortly before the shooting had occurred.  During the police investigation, both men cooperated with police detectives.  They each gave truthful statements denying any involvement or knowledge about the crime.  

In spite of the lack of evidence against William Nichols and Joe Celestin (the police had merely established that the men had been present in the club shortly before the shooting occurred directly outside the building in the parking lot) they were arrested, incarcerated and held without bond. A few days later a Magistrate Judge found probable cause to bind the case over to a grand jury.  Probable cause is the legal standard of proof required to satisfy a judicial officer that there is sufficient evidence to bind the case over to a grand jury for presentment.  To my extreme disappointment the Magistrate in this case found that probable cause existed.  It wasn't until several days later, at a scheduled bond hearing in Superior Court, that law enforcement officials agreed with us, that there was insufficient evidence to support the arrest warrants.  

Dropping the case against William only resulted when police, acting on information provided by the defense, confirmed that both men had signed into work using a biometric time clock requiring a hand print at the exact moment Mr. Stephenson was shot.  The time, and William's alibi, was further confirmed by the time recorded on the first 911 call from concerned citizens who heard the shots.    

William was eventually released from jail however he was traumatized by the experience, having never been in any trouble before in his life, much less charged with a capital offense.  To add insult to injury William's job wasn't waiting for him and upon his release he faced unemployment.

Just last week a grand jury sitting in DeKalb County returned an indictment against three men, including the club's manager, with Mr. Stephenson's murder.  However William has never been exonerated of the murder of Terry Stephenson.

This case is about actual innocence.  William Nichols deserves public exoneration.  He can't get back the time he lost in jail however exoneration would restore his reputation.

Source: The Atlanta-Journal Constitution, "Wrongly implicated in strip club shooting, men wait to be exonerated" Christian Boone, April 27, 2012

After an unusual home invasion last weekend, many Atlanta residents are on high alert. However, this story of alleged kidnapping, robbery and sexual assault raises many more questions than it provides answers.

According to police, a woman flagged down officers in northwest Atlanta and told them of the alleged home invasion. Reportedly, one of the men with her inside the house willingly let in four intruders.