February 2015

You Are Here: Home / February 2015

D.C. Legalizes Personal Use Marijuana

Categories:

Personal possession of marijuana legal in Washington D.C. has become the law today!

Andrew Lynch Awarded Super Lawyer’s Rising Legal Star Status 2015

Categories:

Andrew Lynch was awarded the status of Super Lawyer’s Rising Star 2015 for the area of Criminal Defense.  This award is only given to the top 2.5% of lawyers throughout the county. Click here to see more.

“Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process includes independent research, peer nominations and peer evaluations.”

 

Misdemeanor Probation Violations Thrown Out by Georgia Supreme Court

Categories:

 

The Georgia Supreme Court, in a sweeping legal opinion, declared all misdemeanor probation violation were invalid if they time the court originally sentenced Defendants to had passed.  In Georgia, it has been, and likely will be again soon, a common practice of tolling probationers sentences if and when a warrant is issued by their court and they are unable to be located.  Tolling is another word for pausing.  If your sentence is tolled then you are no longer receiving credit for your sentence and are no longer getting closer to no longer having the court’s authority controlling your liberty and decisions.

In SENTINEL OFFENDER SVCS., LLC v. Glover et al, 766 S.E.2d 456, Supreme Court of Georgia, this practice was stopped.

Specifically the court found “We agree with the trial court that under current Georgia statutes, the tolling of a misdemeanor probationer’s sentence is not permitted. ‘Statutes providing for the suspension of a sentence or the probation of a defendant must be strictly followed.’  As found above, courts utilizing probation systems established pursuan are specifically precluded from applying the provisions of the State-wide Probation Act, including those pertaining to tolling, to the defendants they sentence and we find no other grounds for such activity under Georgia statutory law. Unlike the statutes governing the supervision of felony probationers by the state DOC, there is no statute governing misdemeanor probationers which specifically authorizes the tolling of a probationer’s sentence. Rather, with respect to a misdemeanor conviction, sentences are fixed at one year and once a sentence has been served, jurisdiction over the defendant ceases.

Atlanta Municipal Court Warrant Amnesty Program

Categories:

illegal_search_thumbAtlanta Municipal Court: Warrant Amnesty Program Now!

As of today, February 2nd, 2015, the warrant amnesty program for City of Atlanta has begun.  This will be in effect from February 3rd, 2015 to March 27th, 2015.  All active warrants issued by the City of Atlanta before November 18th, 2015 will be be canceled.  If you had an active warrant out, now is the time to act and get rid of your charges.  Many people with warrants want to go to the courthouse to settle their cases, but are afraid of going in for fear that they will be arrested and put in jail upon arrival.  You do not necessarily have to have committed a serious crime to have a warrant issued. A common situation is “failure to appear”, which could have been caused by something as harmless as forgetting to go to court for a speeding ticket.

Luckily now is an excellent time to deal with this.  For the next eight weeks, you can go to the Atlanta Municipal Courthouse at 150 Garnett Street, to settle your case.  The courthouse will be open from 7:00 AM to 5:30 PM, Monday through Friday.  For those who cannot make it at those times, the court will be open on Saturday, March 21st, starting at 10:00 AM, for people to seek resolutions.  You can either register online or in person.

If you live out of town, and need to follow up with this by doing a “plea in abstentia”, or are uncomfortable going on your own, hiring an attorney will be the most effective way to deal with this.  Attorney Andrew Lynch has much experience in dealing with this court and these warrants.  Click below for additional information.