Articles Posted in Criminal Defense

Criminal Defense: In criminal trials, prosecutors will often attempt to bring in prior convictions or prior bad acts in trial as a way to persuade jurors as to a defendant’s guilt. These are fights that our fought before trial in pretrial hearings. The case against actor Bill Cosby is a great example of a prosecutor trying to get in prior bad acts. Cosby faces sexual assault charges in Montgomery County, Pennsylvania. Today, the prosecutor attempted to win a preliminary hearing arguing for the testimony of more than twelve women to testify at Cosby’s upcoming trial. The prosecutor argued a concept that we use in Georgia of “similar transactions”. If the judge allows this testimonry to come in, it will ease the prosecutor’s burden of showing intent and it will most definitly bolster the prosecution’s case against Cosby. In Georgia, these “other acts”, like in Pennsylvania, need to be similar enough so that they show the “handiwork of the same perpetrator,” (the PA prosecutor’s words from today) and the limited purpose of showing the defendant’s state of mind, knowledge, intent, or mode of operation in the crime charge (Georgia). In both states, the judge will focus on the similarities versus the differences in making his/her decision in allowing similar transactions in.

Interestingly, the prosecutor has a tough burden in the Cosby case. The Pennsylvania State Supreme Court recently ruled against allowing too many victims testifying. What is a good limit? The judge will probably rule on this issue today.

For additional blog entries, see here.

Criminal Defense attorney Meg Strickler has been covering the Ross Harris #hotcardeath trial for WXIA NBC Affiliate in Atlanta.  She has appeared throughout the more than month long trial with anchor Vinnie Politan and his dream team of legal experts.  Click here for a sample of her commentary.  Ross Harris is accused of intentionally leaving his 22 month old son, Cooper, in a his small SUV to die on a very hot day in June of 2014 in a suburb of Atlanta, Georgia.  The jury will probably come back this week with a verdict of at least the Felony Murder charge of Cruelty to Children second degree and counts six through eight that focus on his sexting with a minor.  His sentencing will probably be postponed for a bit of time after the trial ends.  But, ultimately, Ross Harris could be taxed with the famous “trial tax” and receive a long sentence of life plus an additional amount of years.  He will not get out of prison.

When trying a criminal case, there are many elements that come in to play.  Seasoned criminal defense attorneys, like Dan Conaway and Meg Strickler, are an essential part of a successful trial.  Most criminal cases require extensive knowledge and experience and Conaway & Strickler, PC has both.  But, also the lawyers for the defense and prosecution in the Ross Harris case are great examples of exceptional lawyers.  

When an incident occurs, it is CRUCIAL to hire an attorney as soon as possible.  With today’s technology, every word and movement is recorded. Do not add to the government’s case by talking freely with any government authority!  Allow the lawyer to assist early on.  It can only help.  

Criminal Defense: The use of experts is an important decision in the defense of a criminal case.  If the government, for example, has chosen to bring an expert on as part of their case, it may be an absolute necessity to obtain an expert on the defense side to refute the various statements made by the government’s expert.  The use of experts by the defense can also be quite helpful in the pre indictment discussions with government.  

Criminal defense attorney Meg Strickler has been commenting on the Ross Harris hot car death trial on various media outlets.  In this case, the defense put on an expert as part of their case.  Experts are often called upon by the government and the defense.  In the Ross Harris case, the defense called a “memory” expert to try and explain away the fact that Ross Harris allegedly “forgot” his child in the back seat of his car and the child died.  The defense alleged that this was all a tragic accident as opposed to something reckless or maliciously done by the defendant.  The cross examination, however, brought down any effectiveness that may have occured.  And the cross of this expert is now going to be a classic “how to” for future lawyers to dismantle anything the expert has stated on direct.  Please see my commentary here.   Criminal defense attorneys like Dan Conaway and Meg Strickler will work to obtain the best expert(s) in your case and use it in trial as applicable.  But, also, Conaway & Strickler will also know, through years of trial experience, when to use experts and when not to utilize them.  

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Georgia state apparently had arrest warrants issued for two persons who happen to be married to each other. An incident recently occurred that led to accusations against the husband for property damage and other offenses. The encounter reportedly resulted in both husband and wife being placed under arrest and in need of criminal defense.

Allegedly, the spouses, both of whom are age 43, had decided to go for a swim without wearing any clothing. Another woman, age 40, appears to have contacted local law enforcement, saying that she and her friend had become engaged in a dispute with the man at a boating dock. She said she had asked the man if the floating device he was using belonged to him. At that point, she claims the man brandished a knife.

The woman said the man became irate and punched her friend. It seems she and her friend then tried to flee the area in their vehicle; while doing so, she says the belligerent man broke the rear window of the car. Eventually, police arrested the couple after finding them swimming naked in the water. The woman is said to have gone peacefully with the officers, but the man allegedly grew more and more violent as time went on, even threatening the lives of the police officers.

Criminal Defense: Dan Conaway, author of Arrested, Battling America’s Criminal Justice System was recently awarded yet another 5 star review for his book.

“This book is an excellent resource if:

1. You are a “good, decent law-abiding citizen” who believes you could never end up involved in anything related to criminal activity

Criminal Defense: There are times when Georgia law enforcement agents are accused of illegal activities within their scopes of employment. In a recent incident, a police chief and an officer are facing state criminal charges, accused of violating their oaths of public office. The Georgia Bureau of Investigation recently released information regarding the matter.

Apparently, the 58-year-old police chief from the City of White and a 26-year-old officer were arrested on suspicion of making wrongful imprisonments. The two are also accused of reducing charges in a citation in order to collect fines. The alleged illegal activity reportedly took place between 2011 and 2015.

One woman is said to have been instructed to accept a disorderly conduct citation and pay $1,000 fine rather than face state felony charges. Another woman claims to have had a similar experience. They say they were arrested for crimes they did not commit, and then they were instructed to pay substantial fines in order to obtain a reduction of the charges against them.

Traffic accidents often lead to police investigations. Many times, the investigations are intended to identify causal factors in a collision, as well as who may or may not have been responsible for the crash. When citations are issued against a driver in Georgia, or criminal  charges filed, the person accused may increase chances of a positive outcome by retaining legal assistance to build a strong criminal defense.

An accident that some have characterized as bizarre occurred in January. A 36-year-old woman has already been cited by a Georgia patrolman for the incident. A criminal investigation regarding other aspects of the crash remains ongoing at this time.

Apparently, the woman had been driving along the road while a man outside the vehicle was hanging on to the trunk of her car. Authorities say that she failed to remain in the proper lane. The driver is said to have overcorrected her steering, causing the man to lose his grip on the trunk and propelling him into a nearby fence. Moments later, another vehicle is said to have smashed into the woman’s car, and several people reportedly suffered injuries in the crash.

Criminal defense: People’s lives are full of ups and downs. This can be emotionally challenging for many to experience. Everybody reacts differently under emotionally difficult times, and some people make extremely bad mistakes. This seems to have been what one woman experienced when she was arrested on state criminal charges in Georgia.

The woman was charged with murder after she attempted to abort her own pregnancy with abortion pills she had purchased online. However, the district attorney decided to retract the warrant against the woman for murder. Apparently, the district attorney determined that he was not legally able to prosecute a woman for feticide of a woman’s own pregnancy.

The district attorney made this determination after thoroughly researching the law and coming to his own conclusions as to what the statutes and case laws permit. He stated that the law seems to explicitly provide a pregnant woman immunity from prosecution for the unlawful termination of the woman’s own pregnancy. However, the woman is still being charged with possessing a dangerous drug. The woman had reportedly taken four Cytotec pills following a break-up with her boyfriend.

Most people go through some emotionally challenging times at some point in their lives. Sometimes it takes a strong person to remain in control during these periods. However, some people are not that strong and end up doing things they may regret later. One man in Georgia may have found himself in this predicament and is now in need of criminal defense.

The man was recently arrested in late May following a chase with police officers. Apparently, the police officers used a stun gun in order to finally capture the man and put him under arrest. The man is now being charged with kidnapping his own 5-year-old daughter. The suspect said that he had been upset about his wife taking his daughter away from him.

The 45-year-old suspect is also being charged with aggravated assault, cruelty to children, attempting to elude authorities and illegally possessing a firearm while being a convicted felon. He was also charged with possessing a firearm while committing a crime. The man is currently being held in county jail without bond. The suspect was also charged last November on drug charges and tampering with evidence, to which the man had entered a plea of not guilty in February.

Criminal defense: Can the police enter your home unannounced if they have probable cause and a warrant? That is the issue being debated by legislators in Georgia. New legislation allows police officers to use a no-knock warrant only if they have probable cause and a judge signed their warrant. 

A no-knock warrant gives the police permission to enter a suspect’s home without any notification. This legislation has led to a serious debate by legislators and the public. Questions surround the legislation, including if a no-knock warrant violates a suspect’s privacy, and if the police should be allowed to enter someone’s home without any notification.

The Georgia Senate Judiciary Committee recently passed a bill that would prevent police officers from using no-knock warrants. In addition to this bill, legislators in the state have proposed several bills to limit or restrict the use of these warrants.