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Marietta GA Criminal Defense Law Blog

Criminal Drug Defense in Georgia - An Overview

By David West posted in Drug Defense on Sunday, May 6, 2012

Criminal Drug Laws in Georgia and many other states are still very severe and can result in terrible consequences for those charged.  Most states make the possession, distribution, sale and trafficking of cocaine, methamphetamine, marijuana, crack, ecstacy, LSD, opium, heroin and even perscription drugs felony crimes for which a person can get more than a year in prison and ruin their criminal record. Drug Defense requires a good criminal attorney if it is going to succeed.

Most of these cases involve car stops or house searches, some with and some without search warrants.  In many cases, more than one person is charged with a drug crime and may face the same punishment.  Even just being in an automobile with a person stopped and arrested for having drugs can cause you to get arrested too.  However, a good criminal defense attorney in Georgia can help prevent you from being convicted or from having a criminal record.

A criminal defense lawyer can allege that the police conducted an illegal stop or illegal search in the case, that the arrest was an illegal arrest, that any statement was not pursuant to Miranda warnings and should not be used or that the drugs or controlled substances were not legally possessed by the person charge with a crime. It is important to secure the services of a good criminal lawyer quickly so this drug offense or drug charge will not ruin your life.

The attorneys at David West & Associates in Marietta, Cobb County, Georgia are trained criminal defense lawyers who can assist anyone charge with a drug crime anywhere in Georgia, such as Atlanta, Dekalb, Cobb, Fulton, Cherokee, Douglas, Paulding or other counties.  They also handle federal drug defense in all states throughout the United States.  A free consultation with a trained drug lawyer may save years of your life or a lifetime of good employment. 

 

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DUI Defense Lawyers - How They Can Save Your Record and License

By David West posted in DUI Defense on Thursday, May 3, 2012

Getting a DUI arrest can be a very traumatic and terrible thing for both you and your family.  Fortunately, an experienced criminal DUI defense lawyer knows exactly what to do and can help you know the things you need to do both immediately and before court to give you the best chance to save your driver's license from suspension, to keep you from going to jail and to hopefully keep you from having a bad criminal record.

When you are stopped by police, you have a right to be free from illegal search and seizure.  This includes the illegal search of your car and yourself.  Your criminal defense lawyer should look carefully at the facts of your case to determine if police violated your rights in any way such that you may have a reason to have your charges dismissed.  Also, police are not all trained to conduct DUI stops so a good criminal lawyer will gather evidence concerning the officers' police training records and their certifications to test your breath, blood or urine.  Finally, criminal defense lawyers should know to view any video and audio from the arrest and possibly utilize expert witnesses on DUI cases to show that there isn't enough evidence to support the DUI charge.

If you are arrested, in many states such as Georgia, you may have your license taken away from you at the scene and/or the officer may file paperwork with your driver's license agency to have your license suspended.  If you do not file a letter with that agency within days of your arrest, you may have your license suspended for a year whether or not you actually get convicted of the DUI.  As a result, it is very important that you get a good criminal defense attorney who specializes in DUI defense and DUI cases immediately after you are arrested.  If you wait even two weeks, the damage to your license may be irreversable.

Once you retain a qualified DUI defense lawyer in Georgia or elsewhere, if they are properly trained and experienced in handling these cases, they will meet with you to discuss your important case.  They will offer advice on what you can do to help them to defend you and to give you the best chance, even if you are guilty, or either getting a lesser charge or getting your case resolved so that you serve no jail time and continue to have the ability to drive.  Recommendations may include getting an evaluation from one of our experts in substance and alcohol abuse who can see that this is your first offense and make sure the courts and prosecutor know that you don't have a drinking problem - that this was an isolated incident even if you were drinking.

A criminal defense law firm such as David West & Associates in Cobb County, Marietta, Georgia can also handle your DUI arrest by discussing your background or the positive things in your life with the prosecutors and judges to convince them that a DUI conviction would ruin your otherwise good name.  By gathering information favorable to your reputation our experienced criminal defense lawyers can present a side of you that they otherwise would not see if they only look at the police reports in your case.

Finally, any criminal defense lawyer should do all they can to keep you driving and keep you out of jail. A criminal attorney can suggest you complete community service, attend a DUI school, or Mothers Against Drunk Driving seminar to further help show how committed you are to getting the best result in your case.  Even if you committed a DUI, our criminal lawyers in Georgia are often able to get your charge reduced to an offense such as Reckless Driving - which does not require jail time and which does not result in a driver's license suspension.

If you are not guilty of DUI, rest assured that an ethical defense lawyer such as those at David West & Associates will never pressure you into admitting something which you did not do.  We are experienced trial lawyers who fight for the rights of our clients and who will use all of the tools and experience at our disposal to prove to a jury that you did not drive under the influence of alcohol or drugs.  Our success rate at trial is incredibly high because we are dedicated to providing the highest level of service in these difficult cases.  Our experts are among the best in the country and will testify on your behalf should we decide they are needed at trial. With hard work and mutual communication, your first DUI arrest can have a favorable outcome and you can walk out of the courtroom with you rights and your freedom intact.

If you would like to learn more about DUI defense, how a good criminal defense lawyer in Atlanta, Georgia, Cobb County, Fulton County, Dekalb County, Douglas County, Paulding County, Cherokee County or any other county in the State of Georgia can help you - you should contact a law firm that specializes in DUI criminal cases and defense such as David West & Associates in Marietta, Georgia.  Most criminal lawyers offer free consultations and payment plans so do not be afraid that you will have to spend more money than you have to get good answers to your questions. 

Tags: Atlanta DUI attorney, Atlanta DUI lawyer, Cobb County DUI attorney, Cobb County DUI lawyer, DUI Georgia, DUI arrest, DUI attorneys Georgia, DUI criminal cases, DUI criminal defense attorney, DUI criminal defense lawyer, DUI defense, DUI defense Georgia, DUI drugs, DUI lawyers Georgia, drivers license suspension, first time DUI, illegal arrest, illegal search

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Marijuana Law - The battle continues for legalization in Montana

By David West posted in Marijuana Law on Monday, November 14, 2011

Medical Marijuana Law is under attack again.  In a move that drew fire from medical marijuana advocates, federal authorities raided 26 medical marijuana dispensaries in 13 Montana cities, saying they have probable cause to believe that the businesses are involved in large-scale trafficking.

The search warrants executed Monday are the culmination of an "18-month, multiagency investigation into the drug trafficking activities of criminal enterprises," Michael Cotter, U.S. attorney for the District of Montana, said in a statement Tuesday.

In addition, he said, civil seizure warrants for financial institutions in Bozeman, Helena and Kalispell were executed, seeking up to $4 million. Authorities did not disclose items that were seized pending the filing of search warrant returns in federal court.

Probable cause exists to believe that the shops were involved in conspiring to manufacture and distribute marijuana and evade financial reporting requirements, authorities said. No criminal charges have been filed.

"When criminal networks violate federal laws, those involved will be prosecuted," Cotter said in the statement. Individuals who are in compliance with state law are not the focus of the investigation, authorities said.

Items seized included marijuana plants, computers and cell phones, CNN affiliate KULR reported. In some instances, the station said, bank accounts were frozen.

Medical marijuana advocates cried foul.

"Not only are these raids very harmful and unnecessary, they are aimed at undermining the democratic process by preventing the people and legislators of Montana from addressing their own public health concerns," Steph Sherer, executive director of Americans for Safe Access, said in a statement.

The organization describes itself on its website as "the largest national member-based organization of patients, medical professionals, scientists and concerned citizens promoting safe and legal access to cannabis for therapeutic use and research."

Sherer said, "there is no doubt the raids were times to take advantage of a vulnerable political time for Montana patients." Shere testified last week at a state Senate hearing on a bill to repeal the state's medical marijuana initiative. The measure, which passed the Montana House last month, died in committee, the organization said.

"The public has been hoodwinked into believing the feds have changed their policy with respect to medical marijuana, but the evidence points to the same aggressive tactics under President Obama that we saw for years under the Bush administration," Sherer said in the statement.

Tom Daubert, who authored the 2004 medical marijuana initiative, told the Great Falls Tribune newspaper that the raids had a "chilling effect" on the state's medical marijuana community.

Mort Reid, the owner of one dispensary, Canni-RX in Billings, told KULR he closed his doors briefly Monday after hearing of raids elsewhere because he didn't want his patients or staff to be alarmed if he was raided. He reopened later in the day but said he is still concerned a search warrant might be executed there.

Reid said he has written Montana Gov. Brian Schweitzer and said the issue is now one of states' rights.

"We still have patients to serve and I think we as a company have to put their needs above whatever motives are behind the federal authorities," Reid told KULR.

Clearly, the legal battle for medical marijuana legalization continues to rage, in Montana and elsewhere.  Advocates here in Georgia such as attorney David West continue to fight for laws that are balanced and fair for the medical marijuana community.  You can learn more by visiting his website at www.westdefense.com.

Tags: criminal defense, criminal law, illegal search and seizure, marijuana, marijuana defense, marijuana law, medical marijuana, probable cause

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Welcome to Our Marietta, Georgia, Criminal Law Blog

On behalf of David West & Associates on Tuesday, September 20, 2011

When you are under investigation for or have been arrested for a crime, an experienced, knowledgeable and dedicated lawyer can be of great assistance and help you look out for your rights. Georgia's legal system can be confusing and intimidating, with a unique set of rules and a language of its own. An attorney who understands the law and the process can help you evaluate your options and make the right decisions.

At the law office of David West & Associates, we have aggressively protected the rights of criminal defendants since 1994. Unlike many criminal defense firms, we have never worked for the state, but have always passionately dedicated our energy and efforts to defending people charged with crimes. We only hire attorneys who are career criminal defense lawyers. We handle cases in all state and federal courts in Georgia, and also represent clients in criminal appeals. We understand your concerns about the costs of legal representation, and offer payment plans.

When you hire us, we will conduct a thorough investigation of the facts and circumstances of your case, looking at whether police and prosecutors had probable cause to conduct any search or seizure, and whether you were properly notified of your rights. We will also question all witnesses to determine the strengths and weaknesses of your case and look for evidence to challenge the credibility of testimony against you.

We offer a free case evaluation to every client. To schedule a meeting, contact our office by e-mail or call us at 888-597-6596 to discuss your situation with an attorney.

Our Criminal Defense Law Blog

We established this blog to provide valuable information to individuals throughout Marietta and Cobb County who have questions or concerns about their rights when charged with or under investigation for a crime. We will regularly update this blog, posting on a wide range of criminal defense topics, including violent crimes, drug crimes, white collar crimes, sex offenses and all felonies.

We welcome your participation in the discussions on this blog. Feel free to comment on posts that interest you.

Contact Our Office

Contact us online or call us at 888-597-6596 for more information.

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