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Overcharged

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The Prosecution Overcharged My Case!

            I have seen the prosecution overcharge cases on multiple occasions.  The prosecutor’s office will, at times, define your alleged conduct as something much worse than it is.  A misdemeanor will be elevated to a felony, for example, or a felony will be charged as one carrying much more punishment than it should.  That doesn’t sound like truth and justice, does it?

There can be several reasons for a case to be overcharged.  Until defense lawyers get involved, the prosecutors (who are human beings) hear only one side of the story.  The police or the complaining witnesses unload with their side and the prosecutor doesn’t hear a word to the contrary.  And, unfortunately, defense lawyers may not be involved until the case has already been accused or indicted.  (There are exceptions…especially when the lawyer is hired early in the process and there is some form of evidence to support an opposing position).  So, acting only on the word or evidence given by the complainant, the prosecutor files the accusation or indicts the case.  It is extremely important for the lawyer to be thorough when talking to the client and finding out, in detail, what the facts of the case are.

Another reason that cases might be overcharged is that the prosecution is already thinking ahead to plea bargaining.  One prosecutor explicitly told me that he added the biggest charge in the indictment in hopes that he would work a plea to the lesser charges without too much hassle.

Sad?  I think so.  I am convinced that the anxiety people experience leading up to the disposition of the case is twice as bad as whatever punishment may be inflicted.  So many of my clients have suffered long, sleepless nights, loss of their jobs, broken relationships, substance abuse, and many other side effects of being charged with a crime (please note that I did not say convicted of a crime).  That is yet another reason to go early in the process to talk with a lawyer who believes in the presumption of innocence and who treats each client like a unique, special human being.  We take on the burden of your case for you.  We provide you with honest feedback that can give you peace about the situation and, hopefully, enable you to think about everything else going on in your life.  I like to think that my clients are able to dump the burden of the pending case on me and put their time and energy towards their kids, their jobs, their significant other, their hobbies, and everything else going on in their lives.

In my next blog, I will discuss some ways to combat overcharging by the State.

Always feel free to call us with any questions about your case.  You will get to speak with an attorney free of charge.  (404) 581-0999.

They found my gun at the airport! What happens now?

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Bringing Your Gun to the Hartsfield-Jackson Airport in Atlanta, GA

In addition to being the nation’s busiest airport, Atlanta’s Hartsfield-Jackson International Airport is also known for confiscating more firearms during security screening than any other airport in the country.

Historically, at Hartsfield-Jackson, when a TSA officer would find a traveler’s firearm during security screening, they would detain the traveler, confiscate the firearm, and immediately notify local law enforcement.  This would happen regardless of whether the traveler had a permit to carry the firearm because Georgia law strictly prohibited the possession of all firearms in its airports.

So, before July 1, 2014, the traveler would be arrested by the Clayton County Police Department and taken to jail. Travel plans would obviously be ruined and a criminal charges would be brought against the traveler. Then, if the prosecuting authority determined that the traveler had no criminal history and there were no aggravating circumstances surrounding the firearm confiscation, they would invite the traveler to participate in their pre-trial diversion program. By successfully completing the program, which involves community service, a gun safety class, and often, drug testing, the traveler would avoid a conviction on their criminal history.

While Clayton County would go forward with their criminal case, TSA would be assessing a federal civil penalty for the firearm violation. Upon determining the fine amount, the traveler would receive a letter via U.S. mail notifying them as to the amount they owe TSA. The penalty would range anywhere from $500 to $10,000 and depend on a variety of circumstances including the traveler’s intentions, level of cooperation, prior history,  risk to the community, and negotiation skills.

That was before July 1…

Now, as of July 1, 2014, Georgia residents with licenses to carry firearms are permitted to carry their firearm in many public places, including the entrance and waiting area in the Hartsfield-Jackson airport. Obviously, this permission does NOT extend to the airport’s terminals due to federal law but TSA officers at security screening will no longer call Clayton County Police Department if the traveler can show proof of their permit to carry.

Instead of calling the police, TSA will give the traveler the following options: 1) check the firearm as luggage (if properly secured in a hard case), 2) return the firearm to their vehicle (if they parked it at the airport), 3) hand the firearm to an individual who is licensed to carry in Georgia and not traveling via the airport, or, in the event that no other option works out, 4) forfeit the firearm permanently to TSA.

Whether the traveler has a license to carry a firearm or not, TSA will still pursue a civil case against them. Like before, TSA will investigate the circumstances of the case and assess a civil penalty ranging from $500 to $10,000. TSA may also temporarily suspend a traveler’s “TSA Pre-Check.”

It is important to remember that Georgia’s new gun laws only affect Georgia residents with valid licenses to carry their firearm(s). All other travelers carrying guns in the Hartsfield-Jackson airport remain out of luck when it comes to TSA calling Clayton County Police Department. Those individuals will be arrested and charged like all gun-carrying travelers were charged prior to July 1, 2014.

If you were charged with bringing a firearm to the Hartsfield-Jackson airport or have any questions about the subject, do not hesitate to contact our firm for a free consultation. You can trust that our firm will work hard to protect your rights and secure the best possible outcome.

VIDEO: Charged with Carrying a Firearm into Hartsfield-Jackson International Airport?

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http://www.youtube.com/watch?v=EO70ooDXuEw&feature=youtu.be

Forgot you left your Glock 19 in your carryon bag?

This happens more often than you would imagine.

In 2012, Hartsfield-Jackson Airport in Atlanta had more guns seized at TSA checkpoints than any airport in the U.S. with 96.  Don’t leave your gun in your carry-on bag, because what results is being charged with Carrying a Weapon in an Unauthorized Area.  Your weapon will be seized and you will be arrested.

Once arrested, you will be fingerprinted and need to make bond.  If arrested at Hartsfield-Jackson Airport for Carrying a Weapon in an Unauthorized Area, your court case will be assigned to the Clayton County State Court Solicitor General’s Office for prosecution.  Bond will likely be $3,500.00.

Our firm has handled a number of these cases and every case to-date has been dismissed.  There are several proactive steps we can take in order to make sure the case gets dismissed; including a gun safety course and community service.  It should be noted there is also an administrative component to these cases where the Department of Homeland Security/TSA will move to fine you through the administrative courts.  If you find yourself having been charged and want to protect your record, CALL US immediately 24 hours a day, 7 days a week at 404-581-0999.