Articles Posted in Criminal Defense

Readers may be aware of recently proposed legislation that has sparked debate concerning the use of police license plate readers. These devices are able to scan and record images of license plates, giving law enforcement the chance to locate individuals who have active arrest warrants or are otherwise being sought for questioning. The use of these scanners has become common in Georgia and across the nation, and has led some lawmakers to question the limits that might be placed on the use of the devices. The matter also leads to interesting questions about the criminal defense tactics that might be used in cases that involve these readers.

The recently proposed bill would require police departments to delete captured images 30 days after they were gathered. Those behind the bill assert that, while the devices offer a powerful tool for law enforcement, there is a balance that must be sought between combating crime and protecting the rights of citizens. An additional provision is expected to be added that would prevent police from sharing captured images with federal authorities.

Many people are unaware of how advanced this technology has become in a very short period of time. Readers can be mounted on police vehicles, traffic signals and even road signs. The data that is gathered is not just used to make traffic stops when a “hit” is recorded, it is also being compiled by the Justice Department into a federal database that can track the movement of vehicles across the nation. This, for many, is a violation of an individual’s right to privacy.

Criminal Defense: 

Alan Caruba, a member of the National Book Critics Circle, has included “Arrested, Battling America’s Criminal Justice System ($19.95 Bascom Hill Publishing Group, softcover) by Dan Conaway in his Picks of the Month post for January on his blog, Bookviews. You can find the post here.

Arrested: Battling America’s Criminal Justice System is for you if you are a good, decent, law-abiding citizen who happened to be in the wrong place at the wrong time–or know someone who was–or you just want to know more about the American criminal justice system, this book is definitely for you. 

Criminal Defense:   U.S. District Judge Laura Taylor Swain sentenced Bernie Madoff’s assistant, Annette Bongiorno, 67, to six years in prison – a lenient sentence far less than recommended by the federal sentencing guidelines.  During sentencing, Judge Taylor told Ms. Bongiorno that she had “willfully blinded herself,” and “chose Madoff’s blessing” over “her own moral compass.”

             The term willful blindness is the key issue in many white-collar criminal cases involving phony investment schemes like Madoff’s and other types of fraud schemes. The practical legal purpose of thewillful blindness doctrine is to allow prosecutors a way of proving that someone involved in implementing an investment scheme, regardless of their role in the scheme, should have known it was illegal but willfully chose to turn a blind eye to the illegality, because they were making good money.

  So, as an employee, if your boss tells you he is selling ownership shares in Santa Claus’ workshop at the North Pole and someone who invests $100,000 will receive a one percent ownership of Santa Claus’ workshop and reap guaranteed returns on their investment of $10,000,000; and you participate in selling this “investment opportunity” to the public, a judge or a jury can find you guilty under the willful blindness doctrine of participating in an investment fraud scheme. Your defense at trial will be, of course, “hey, who doesn’t believe in Santa Claus?  My boss told me he personally knew Saint Nick, so I figured it was a good investment.”  Under the willful blindness doctrine you can be found guilty anyway, unless, of course, your lawyer is able to actually subpoena Santa from the North Pole to come testify on your behalf.

Criminal Defense: A 1-month-old infant was found dead in a home over the summer. A Georgia couple is now faced with state criminal charges, including involuntary manslaughter, after authorities reportedly determined the baby suffocated while in their care. They have been charged with involuntary manslaughter and reckless conduct, both serious criminal charges.

Authorities were dispatched to the home back in June after the infant was found unconscious. According to reports, the baby died while sharing a bed with the couple. Upon further investigation, authorities allegedly discovered that both of them were high on meth and waited over half an hour to call for emergency help. An autopsy was performed and it was revealed that the infant died from asphyxia as a result of the sleep environment. A criminal defense attorney will have to be secured in order to combat these charges.

Please see this blog for additional information on criminal defense.

Criminal Defense: 

Dan Conaway has written a very useful book that is now available on Amazon.com.  Please click here!  

One review of his book: 

Criminal defense: It’s hard to imagine that filming a movie could be dangerous and deadly for a film crew. However, dangerous instances do happen and many Georgia residents may be aware that a camera assistant was killed after being hit by a train. The Georgia camera assistant was working on a film, “Midnight Rider,” when tragedy struck. Two filmmakers are facing state criminal charges in connection with her death.

The movie that was being filmed was reportedly about a recording artist named Gregg Allman. The crew was in the middle of filming a dream sequence on the railroad tracks when a train careened into the film crew, killing the camera assistant and injuring 7 other crew members. Authorities believe that the filmmakers should be held liable and charged them with criminal trespassing and manslaughter. Since the charges were filed, the defendants turned themselves into the county jail. They are now in need of good criminal defense lawyers.

Within just 30 minutes, the pair was released on $25,000 bonds. Reportedly, the defendants are pleading not guilty; however, if they are convicted of manslaughter, they could face 10 years in prison. No other details surrounding this case have been released.

Criminal defense: In the summer months, there are often many tragic deaths that are reported after parents forget their children in hot cars. This may be true for one case in which a 22-month-old boy was recently discovered by his father, Ross Harris, in a hot car after being left there for several hours. The Georgia father claims that he forgot his son in the car when he went to work and now, he is facing state criminal charges for murder.

A probable cause hearing is expected to be held for prosecutors to state their reasons to charge him with murder. According to reports, the man was supposed to drop his son off at a childcare center, but he forgot and went to work. When he arrived at his place of employment, he went about his usual day, but failed to remember that his infant was in the car where he remained for hours. Prosecutors stated that the man went out to his vehicle around lunch time, where he placed an unknown object, and then left the boy in the vehicle.

Later on, the man drove home from work, and then pulled over at a shopping plaza where he was reportedly observed to be distraught. The boy’s cause of death was from overheating and hyperthermia. In addition, authorities reportedly discovered that the man, along with his wife, previously searched the internet for child heatstroke. Since the formal charges were made, the man has pleaded not guilty and the wife was not charged.

Criminal defense: A 40-year-old man who apparently caused an accident has been criminally charged. The man faces state criminal charges for allegedly being responsible for a crash that took the life of a 29-year-old man on our Georgia roadways. He was charged with vehicular homicide in addition to following too closely to another vehicle.

According to reports, the suspect, who was driving a tractor-trailer, was headed in the westbound direction when a mower was observed straddling the right lane. The driver of a Dodge pickup was unable to pass the mower, which prompted him to come to a stop. The driver of the Dodge 3500 tractor-trailer, who was driving behind the Dodge pickup, slammed into the back of the truck. Both of the vehicles turned over, causing injuries to the driver of the Dodge 3500.

Unfortunately, the other driver reportedly died at the scene. Authorities conducted an initial investigation and determined that the driver of the tractor-trailer was the person responsible. The driver of the trailer was arrested and booked into a county jail, but no bond has been set. A criminal defense attorney will have to file a motion to set bond in the coming days.

Criminal defense: Three Georgia residents are in legal hot water after a shooting that took place recently. One of the three is accused of shooting and killing an off-duty police officer. All three people at the scene are now facing state criminal charges in connection with the incident.

The incident happened outside of a Waffle House where the off-duty police officer, although in full uniform, was acting as security for the restaurant. It is claimed that the three individuals were under the influence, making derogatory racial comments and were not respectful to the officer. Ultimately, the three allegedly caused a commotion, which prompted a request for them to leave the premises. An altercation occurred that continued in the parking lot, and the officer attempted to place the girlfriend of one of the men under arrest.

While the officer was attempting to restrain the girlfriend, he was on the ground, which is reportedly when the woman’s boyfriend shot the officer in the back multiple times. The alleged shooter and his girlfriend were charged with felony murder, and the third individual was charged with disorderly conduct. The girlfriend was also charged with felony obstruction.

Criminal defense: Criminal charges can temporarily obstruct a person’s life, and in the event of a conviction, that obstruction may be much longer in duration. If you or a loved one is facing criminal charges, you should call a criminal defense lawyer right away.

A Georgia teen is facing state criminal charges after he was accused of shooting at several people at a high school. He was charged with aggravated assault.  

According to reports, witnesses overheard the teen say something that indicated that he was going to “mess” something up. Other witnesses reportedly observed a large group of people gathered when the teen reached for his weapon and fired shots. Five people were shot, with four of them being students. Authorities are not sure what the teen’s motives were for the shooting, but they are investigating the incident.