Georgia Supreme Court declares entry and search of Doctor’s office illegal.

CMANS (drug) agents entered a business and seized certain documents and checks and cash. After many hearings in the trial court level, the case was taken to the Georgia Supreme Court. The Georgia Supreme Court agreed that CMANS agents conduct was wrong and illegal. The challenge put forth was unique and always overlooked . This Supreme Court case prevents police from stampeding into a citizen’s property.

This case is a prime example of the value of an experienced lawyer; and one that had the intelligence to examine a case and find the issues( all the issues). This case also shows the value of a lawyer with the intestinal fortitude to stay for the long haul and not give up, but instead make the prosecution (with their millions) give up.

Excerpt from 2017 Georgia Supreme Court opinion on this appeal:

The defense attorney argues that the search warrant was illegally executed because the officers did not comply with Georgia’s statutory requirements that officers knock and announce their presence before forcibly entering a building. The trial court concluded that an announcement simultaneous with entry satisfied the statute. Because the statute requires the announcement to precede entry, this conclusion was error.

5 Felony Obstruction of an Officer charges dismissed. Client has a long history of obstruction of an officer arrests and charges, which were always dismissed. In this case, she was subdued by multiple police and tased, getting a felony obstruction charge for every onlooking or subduing officer. All charges were dismissed.

Pickens County. Aggravated Child Molestation and Enticing Child charges were dismissed. We rejected misdemeanor plea offer and dead docket resulting in the District Attorney dismissing the charges and leaving our client with a clean record.

Cherokee County. Motion to Suppress drug evidence granted when it was demonstrated that police failed to follow proper impoundment procedures.

Cherokee County: Our client was found NOT GUILTY by the Jury despite being twice the legal limit.

The court considers several factors when determining penalties for a DUI that is double the legal limit. You should also know that Pennsylvania has varying legal limits depending on your age, license, and occupation, learn about the DUI Charges in Florida, Types.

LEGAL LIMITS: WHAT’S CONSIDERED INTOXICATED?
For most drivers, blowing a 0.08% is considered legally intoxicated. For others, the limit is lower:

Commercial driver’s license holder, school bus driver, or under 21: 0.04%
School bus driver and under 21: 0.02%
Under these guidelines, a person with a CDL is double the limit with a BAC of 0.08%.

OTHER FACTORS THAT INFLUENCE DUI PENALTIES
Being double the limit is bad enough, but your penalties could be worse if you:

Are higher than double the limit (0.16%+)
Have prior DUIs
Injured or killed someone
Caused property damage
Refuse a field sobriety test, chemical test, or both
DEFENSES TO A DUI
One of the most common defenses to a DUI is questioning the validity and procedures of your chemical test, traffic stop, and arrest.

CHEMICAL TEST ERROR
Breathalyzers must be regularly calibrated for accurate results. Officers administering the test and reading the result must have proper training. You could seek a reduced charge or even a dismissal for questionable test results or testing procedures.

There could also be a medical reason why your BAC was high, such as hypoglycemia. If you have diabetes or another medical condition that could explain a high BAC, you may pay for a second chemical test.

TRAFFIC STOP ERROR
Police officers in Pennsylvania must have reasonable evidence that you are driving under the influence, such as weaving or erratic behavior. A damaging chemical test could be suppressed if you can show that the police pulled you over in error.

ARREST PROCESS ERROR
Sometimes police officers fail to read a suspect their rights or make another error during the arrest. If this happens to you, it is possible to seek a dismissal.

NEGOTIATE TO A LESSER CHARGE
If this is your first DUI offense or there are issues with your case, the prosecution may offer a plea deal. To avoid the harsher penalties of a DUI for double the limit, you would plead guilty to a lesser offense. You could avoid steep fines, losing your license, or going to jail by accepting a plea bargain.

DIVERSIONARY PROGRAM
Pennsylvania’s ARD program is an alternative to jail for first-time, non-violent offenders. The Accelerated Rehabilitative Disposition (ARD) program generally involves probation, fines, court costs, and community service. There may also be a treatment component. Upon completion, you may seek to have your record expunged.

Dismissals of felony charges for 2 clients, one charged with cocaine possession, the other methamphetamine possession, saving both from a life-changing felony record.

Felony Drug Possession (O.C.G.A. 16-13-30(a) Possession of a Schedule I Controlled Substance) dismissed by District Attorney after Greg Hicks explained the unlawful stop and search of the car by police.

Cherokee County Superior Court, Dismissed September 25, 2015

Prosecutor insisted my client plead guilty to possession of marijuana. I filed a motion to suppress and took the matter to trial. When the Judge called the case for trial, the prosecutor stood up and tells the Judge he is dismissing the case.

No fine. No book-in. No probation. No handcuffs. No fingerprints. No urine screens. No record.

Cherokee County State Court, April 2015