The founding fathers wrote the Bill of Rights to spell out protections for individual citizens of the United States. I deal with Amendments IV, V, and VI nearly daily.  These describe citizens' trial rights and limits the government's ability to search property. The founding fathers knew that people who are accused of committing crimes usually aren't very popular. The public often just wants the accused head on a platter because the crime is bad and this guy is obviously to blame. But take a moment to read these amendments:

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

This means you, as an American, can expect NOT to have your things searched at random. No American should. All of us have this right, no matter what we look like, how we dress, where we live, or what we are accused of doing. This means that you can't be held indefinitely before going to trial, and you know you will be heard by a jury of your peers. These rights are not reserved for folks whom we think are innocent and withheld for those whom we know "did it." It is for all citizens. Sometimes this makes my life as a defense attorney rather uncomfortable. When people express surprise at what I do for a living, I tell them something similar to what I just read in an opinion article by Neal Boortz: "Trust me, you don't want to live in a country where your life, liberty or property can be taken away because of political whim or the passions of the majority. Celebrate the defense attorney, no matter how much you hate their clients. That attorney may stand between you and a false charge someday. "

At the end of May, my Legal Guide "How to Hire a Criminal Defense Attorney When Money Is An Issue" was selected as a Staff Pick by Avvo.com! 

Avvo.com is a free website that rates and profiles over 90% of licensed attorneys in the U.S., including client reviews, lawyer disciplinary histories and peer endorsements. Avvo has a collection of lawyer-submitted legal guides and a very busy question and answer section where people can ask lawyers legal questions. You can find the answers to DUI questions that I've already answered, read reviews from my clients or add your own, and read my 8 legal guides by going to avvo.com and searching for my name. If you haven't already submitted a review of your experience as one of my clients, please contact me at This e-mail address is being protected from spambots. You need JavaScript enabled to view it and I'll send you an easy link to follow.

Anyone convicted of DUI or any crime can be required to perform community service as part of a sentence. Before you volunteer with the first worthwhile cause you find, make sure you know the rules the court insists you follow.

1. Make sure you work on behalf of a nonprofit, public service organization, such as Habitat For Humanity, The American Red Cross, or those listed below.
2. Verify the hours you spend volunteering.
   
   • Bring an excel or other spreadsheet to document time in, time out, supervisor's signature and date. At the end of all of your service hours, ask for a signed letter on the organization's letterhead from someone in charge stating how many hours you worked.
   • Make sure it contains a phone number the court can call to verify your hours.

Here are some local organizations we've profiled in our newsletters this year:

This volunteer-based non-profit focuses on adopting animals in their sponsor program or being cared for in temporary volunteer foster homes. It is run solely by volunteers who donate their time and energy to improve the lives of pets and animals in our local community through education, support, resource referral, and adoption services. The Gwinnett Humane Society holds monthly volunteer orientations.
Find out more by emailing This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Georgia Department of Natural Resources

Volunteers contribute time and talent to a state park, historic site or golf course without compensation but with a whole lot of heart. They assist in accomplishing our mission of teaching visitors the importance of our natural and cultural resources. The beauty of this state and the diversity of its resources have attracted millions to learn, stretch, relax, explore and appreciate a world of grandeur and wonder.

Hands On Atlanta

Hands On Atlanta is a non-profit organization that  helps individuals, families and corporate and community groups find flexible volunteer opportunities at more than 400 service organizations and schools.

SafeRide America

SafeRide America, in business for eight years, is a driver-for-hire service that operates 7-days and nights a week all over the Metro Atlanta area. SafeRide America is seeking volunteers to serve our community by making the roads safer for everyone. We offer driving and non-driving opportunities 7 days a week, daytime, evenings and weekends. SafeRide America is a 501 (c) 3 non-profit organization and welcomes anyone needing to complete court appointed community service or just wants to help us proactively prevent impaired driving.

Volunteer Resources for Gwinnett County

The Department of Community Services provides high quality recreational, educational, electoral, health, and other human services in partnership with the Gwinnett Community.
For court-ordered community service, please e-mail Volunteer Resources for Gwinnett County Parks & Recreation at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or call 770.418.2331.

A former local TV reporter was arrested for DUI earlier this week. A few days later, he told local media all about it. Using his statement and information in the article, I'm going analyze how each Mr. Cardwell's actions help or hurt his court case.

Action 1: Cardwell took the field sobriety test
Does this help or hurt his case? Field sobriety tests merely help an officer to make a decision to arrest or not arrest someone. They are not scientific and cannot be used in court to prove someone was intoxicated, just that the officer had reason to arrest the person. Since you don't have to take them, ask the officer if they are voluntary, and then don't take them. Tell the officer you're not volunteering any information. This may hurt his case.

Action 2: Cardwell refused to submit to a Breath test
Does this help or hurt his case? Asking someone to take a Breath test happens only after the person has been arrest. Under all other crime arrests, police read a Miranda warning before asking someone to give incriminating (hurtful, prejudicial) evidence. Miranda is never required when an officer asks someone to take a breath tests. Since Dale was already on his way to jail for the night, he was smart to refuse the test. If he blew over the limit and the results were used to convict him of DUI, he would have been looking at jail for up to a year.

Refusing the breath test may help his case: No breath results to challenge to disprove.

Action 3: "In an interview Friday, Cardwell declined to provide details of the incident, based on advice from his attorney."
Does this help or hurt his case. I think it hurts his case. He shouldn't have even released a statement, much less talked to the media, even to say "I have nothing to say!" It resulted in an article that didn't need to be written! As I say in my FAQ: If you discuss your arrest with others, they can be called as witnesses by the prosecution. Your attorney can't be a witness against you. Telling people about your arrest can damage your reputation, upset your loved ones, and may jeopardize your job. You should discuss your case only with your lawyer.

Action 4: " 'I have great respect and a proven track record for law enforcement,' said Cardwell."
Does this help or hurt his case? I think it helps. You should always be polite to law enforcement. Even if your statement doesn't really make sense, as long as it sounds polite, it can only help.

And the most important action:
Action 0: Not moving his car when the light turned green.
Does this help or hurt his case. This IS his case. He was pulled over for not moving when a light turned green. A little more attention on driving (as opposed to changing the radio station, lighting a cigaret, answering a phone) would have helped.