A Crisp county defendant convicted of Rape successfully modified his probation

The Defendant was convicted about 10 years ago at the age of 17 for the rape of his baby’s mama when he had non-consensual sex with her. He pled guilty and as part of the plea, he agreed to sex offender terms and conditions. Ten years later, he wishes to marry a woman who has three children, but probation will not allow him to live with the children, pursuant to the sex offender conditions. We filed a Motion to Modify the terms of his probation to allow him to reside with the children. The state opposed the motion, stating that he is a dangerous rapist and that he had agreed to the conditions as part of his plea. We argued that although inexcusable, the rape was forced sex on a prior sex partner, not the stalking and rape of a stranger. In addition, there was no allegation that he was a danger to children. He had served 7 years in prison for his crime and thus, paid his dues to society. He was only 17 when he “agreed” to never live with children and had not anticipated that someday he would want a family. It was in societies best interest to encourage him to be part of a family unit. Finally, we pointed out to the court that the original conditions he agreed to allowed the court to grant permission for him to live with children. After hearing argument, the court met independently with the children and then granted the modification to allow the Defendant to live the children!

A Brooks county case involving Criminal Trespass was dismissed after we showed the facts were not favorable to the state

The Defendant was arrested for damaging the car of her boyfriend. While the Defendant did cause the damage, it was done after she returned home to find her boyfriend in her bed with another woman. After we showed the state that the home was owned by the Defendant and the boyfriend was merely staying there and that he had been caught with another woman, the state agreed to dismiss the charges.

A Dougherty county defendant charged with Murder defeated the State’s emergency motion for appeal

After 3 years of sitting in jail, the day finally came to have his trial. At the last minute, the State filed an emergency motion with the Supreme Court asking for the trial to be delayed while their appeal is heard on all 5 defendants. We filed a response arguing that the appeal did not apply to this defendant and therefore, his case should be severed from the appeal of the other 4 and his case be allowed to proceed to trial. The Supreme Court agreed and directed our case to proceed!

A Dougherty county defendant charged with Cruelty to Elder Person was acquitted after an appeal

The Defendant was charged with Cruelty to Elder Person after his mother, who live with him and his brother was admitted to the hospital. After his case lingered for over a year, the we filed a Demand for Speedy Trial under the U.S. Constitution. When his case had not even been indicted for almost 2 years after his arrest, we moved to dismiss the case. Although the State weakly opposed the motion, it did nothing to fight against it and failed at every opportunity provided by the court to even file any motions or briefs arguing against a dismissal. However, the trial court refused to take action on the motion. After having to file both a Motion to Recuse the judge and a Petition for Writ of Mandamus to force the judge to act on the motion, the judge finally issued a ruling over a year later, denying the motion. We appealed the ruling and the Court of Appeals reversed the ruling stating that it did not comply with the law.

A Dougherty county case involving Armed Robbery was dismissed after we obtained proof the Defendant did not commit the crime

After an armed robbery was committed in which the victim was murdered, the police went to talk to someone in the jail that they believed had information about the case. After giving him the impression that if he gave them some names, they would let him go home, he gave them the Defendant’s name. The police then arrested the Defendant. When we talked with the accuser, we discovered that he only gave them the Defendant’s name because he did not like the Defendant and thought by giving the police the Defendant’s name, he would get a free pass home. When he did not get to go home, he was willing to tell the truth about making up the name. After we got a sworn affidavit to all of this, we set a hearing to put it in front of the judge. When it came out that the original story that the Defendant was involved was a lie, the DA dismissed the case.

A Dougherty county case involving Battery was dismissed after the alleged victim refused to testify

The Defendant and his girlfriend got into an argument which became physical. She called the police and said he attacked her. When the police arrived they decided to believe her, even though both said the other was the aggressor. Our investigation revealed that the evidence was more supportive of the Defendant’s version than her version and prepared the case for trial. The victim decided she did not want to be crossed examined by us on the stand and refused to cooperate further with the state. Without any witness willing to testify against the Defendant, the state dismissed the case.

A Dougherty county case involving Obstruction was dismissed after we began investigating the case

The police were called to investigate possible marijuana use in a college dorm. The police knocked on the door and a male answered the door. The police could smell the odor of marijuana and the male admitted he was smoking and gave consent to search his room. The police noticed the bathroom door was closed and knocked on the door demanding the individuals inside come out. The Defendant refused at first to come out and so the police arrested her for obstruction. Since you have no duty to open the door for a warrantless search, we felt confident we would win at trial. After we contacted the police and let them know we were on the case, they took no further action in the case. After two years elapsed, the statute of limitations ran and the case is precluded from being prosecuted further.