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Sent to jail for using Facebook |
 A new warning
If I've warned my clients once, I've warned them a million times: "Don't discuss your case with anybody other than me. Not even your mother." Apparently, I now need to add: and especially not with a juror on your trial!
Yes, a defendant in England used Facebook to contact a member of the jury of her trial to ask what the jury might do. They both got in trouble. The juror will be sent to jail for contempt of court. The defendant is also in contempt of court, but won't be spending any more time in jail since she has already spent 14 months there. Those soft Brits. I wouldn't expect Georgia judges to be so kind, frankly.
"This is the first time someone has been punished for contempt of court because of contact over the Internet, said U.K. Solicitor General Edward Garnier."
The world is changing rapidly. So many new and easy ways to get into trouble.
Atlanta DUI Lawyers Clark & Towne
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Video of Derek Lowe’s DUI Arrest |
Why did Derek Lowe plead to any charges at all?
In Georgia, a prosecutor has two years to bring criminal charges against someone. If the DUI had merely been dismissed and that's it, and the media made a big deal, prosecutors may have bowed to political pressure and charged Mr. Lowe. Instead, his attorneys wisely had him enter a plea  to a minor traffic infraction. This means due to double jeopardy, he can never be charged with a DUI.
Here's the video
If you've been arrested for a DUI, you may recognize the same back and forth between Mr. Lowe and the officer. Too bad only about 15% of DUI stops in GA are captured on video. They can really help show unwarranted charges. If you have 20 minutes, watch the whole thing. It really is an excellent example of a common stop.
http://www.11alive.com/video/default.aspx?bctid=981535762001&odyssey=mod|newswell|text|FRONTPAGE|featured
Atlanta DUI Lawyers Clark & Towne
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Decriminalization recommended by Shultz |
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  What do my partner, David Clark, and George P. Shultz, formerly of the Nixon and Reagan administrations, have in common? They both advocate for the decriminalization of drugs. In this weekend’s Wall Street Journal, Mr. Shultz and his co-author economist Paul Volcker argue that too much money has been spent putting recreational users behind bars where they “learn to become real criminals.” Well, I don’t know about prisons as ITT-Institutes of Crime. But I do agree with them that the US war on drugs and our drug control policies have hurt Latin American countries and have been getting us nowhere.
I also believe that the reason why groups like NORML, which David Clark supports, are in favor of decriminalization is that it is much less scary to the average American than a policy where drugs, or certain drugs, are no longer illegal. It’s simply easier for all of us to swallow. Just by existing, NORML rocks boats. It is looking to change the status quo by changing people’s attitudes, not by changing laws. Decriminalization is what they sponsor, and decriminalization is different than legalization. Decriminalization means the government—either State or Federal—chooses not to prosecute certain charges. It’s the drug equivalent of Don’t Ask /Don’t Tell.
Legalization means changing actual laws - real policy, in other words. While I’m pleased on some level that such strong political figures like Shultz and Volcker are calling for decriminalization, I expect more from them. I want them to demand and lead the fight for real policy change. Instead, they call for “an open and honest debate on the subject. We want to find our way to a less costly and more effective method of discouraging drug use, cutting down the power of organized crime, providing better treatment and minimizing negative societal effects.” I suggest that they are several years behind in looking for a dialog. I think this dialog has been occurring for quite some time now, and without them and other staunch conservatives. Perhaps if they contact NORML they’ll find the debate over and done with. If they would just read a few of the reports that have already been written and check the studies that have already been done, they might even find that the answers are already there. We’re just waiting for a couple of very experienced politicians and intellectuals to write and push through new policies.
Atlanta DUI Lawyers Clark & Towne
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Gwinnett DUI Court graduates |
 Congratulations to the graduates
Gwinnett County is hosting a graduation of Drug Court & DUI Court participants on May 20. This is really a big deal. It takes a very strong person to make it through DUI court and I'm impressed there are 30 graduates. They all deserve to have U.S. Rep. Rob Woodall (R-Lawrenceville) give the keynote address.
What is DUI & Drug Court?
Generally speaking, a judge may sentence a person to "participate" in DUI Court as a condition of probation. To join the DUI Court program, a driver must first enter a guilty plea to DUI and at least one other offense, such as speeding. DUI Court programs focus on rehabilitation rather than jail time. In exchange for participation, drivers are initially given less jail time and credit for hours spent in court as community service.
DUI Court attempts to help people conquer their alcohol or other drug problem by mandating a substance abuse treatment, attendance in 12-step meetings, random alcohol and drug tests, and biweekly court appearances where a judge reviews how each person's individualized treatment plan is progressing. If a participate fails to meet any requirements of the DUI Court program, the judge can issue immediate sanctions, such as additional community service, jail time or both. If the participant has multiple infractions, he may even have his probation revoked. Essentially, DUI Court forces a participant to get and stay sober, or face even more penalties.
The DUI charge is never dismissed, even with successful completion of the DUI Court program. For some people, DUI Court is a life-changer. For many others, the set backs are very difficult to endure.
Related articles:
All about drug courts
Atlanta DUI Lawyers Clark & Towne
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What if I violate my parole |
 Rule #1 on probation is always "do not violate the law"
That means, don't do anything against the law-- not even a little bit.
Probation does not have to wait to see what happens with your DUI charge to start revoking your probation. However, if you were wrongfully arrested, it is doubly important that you find an attorney to defend you on the DUI right away to prepare for an inevitable revocation hearing.
Should you tell your probation officer yourself or let him find out the hard way?
If you tell your probation officer yourself, there is a greater likelihood that your officer will let you "walk in" to a hearing, rather than arrest you with no bond to wait for a hearing. However, warn your job and family that you're about to tell your probation officer, so that if you are arrested, they can find an attorney for you. Depending upon the county for probation and the new DUI, you may have to wait weeks in jail for a hearing.
Atlanta DUI Lawyers Clark & Towne
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Page 15 of 50 |
David Clark's book "101 Ways to Beat a Marijuana Charge in Georgia" is a comprehensive guide to getting out of a marijuana charge in Georgia. Mr. Clark, a former Judge, provides inside tips from his 22 years of experience as one of Georgia's top criminal defense lawyers defending pot smokers. All proceeds benefit Georgia NORML.
Jessica Towne's FREE book "How to Choose a Georgia DUI Lawyer" guides you through choosing an attorney. A criminal defense and trial lawyer for over 22 years, Ms. Towne shows you how to cut through the talk and find the best qualified attorney for your case.