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Criminal

CRIMINAL DEFENSE

 

 

I have tried and handled a lot of criminal cases including murder cases. For this article, I want to tell you a human interest story grounded on Administrative Proceeding And Criminal law.  I had a case not too long ago, and for purposes of this article my client shall be called Bob which of course is not his real name.  Bob attended one of the area High Schools within the City of Atlanta.  During the school year Bob met and befriended Joe(again not his real name).  Joe was homeless because his mother was addicted to drugs and could not provide for Joe.  Bob brought Joe home and Bob’s parents allowed Joe to move in and share Bob’s room with Bob.  Bob and Joe would ride to school in Bob’s sports car every morning.  On this particular day, unknown to Bob(Bob convinced me he didn’t know), Joe placed, hide behind the radio in the dash of Bob’s car,  5 grams of marijuana which was wrapped in a plastic bag and a handgun which was later determined to be stolen.  School usually lets out around 3:30pm.  On this particular day, Bob and Joe left school grounds around 12:00noon and were coming back as school was letting out.  The Vice Principal spotted Bob and Joe, called both into his office and started questioning both about why they left school at lunchtime and where they had been.  There were already rumors in the school that Bob and Joe were dealing drugs.  During said questioning, the Vice Principal called in the School Resource Officer who decided to take Bob and Joe where Bob’s car was parked in the school parking lot.  Said Resource Officer initiated an exhaustive search of Bob’s car, calling in a drug sniffing dog.  5 grams of marijuana, a hand gun were found behind the radio in Bob’s car.  Bob was charged with Multiple Counts Of Possession of Marijuana With Intent To Distribute, Possession of A Weapon during the Commission of A Crime, Possession of A Stolen Hand Gun.  Bob was subject to Administrative Proceeding, suspended from school and had to finish his senior year in an Alternative School.  I have very little respect for such Administrative Procedure because the Rules of Evidence are ignored.  The Fulton County District Attorney subsequently indicted Bob on the aforementioned charges.  I filed on behalf of Bob, Motion To Suppress Illegally Obtained Evidence.  I did not believe there was any Articulable Suspicion, Probable Cause for the search of Bob’s car.  Following a Protracted Hearing, the Fulton County Superior Court granted the Motion To Suppress.  The DA appealed to the Georgia Court of Appeals.  Bob prevailed on Appeal.  Bob does not have a criminal record, conviction as a result of this incident.