| Criminal Law
Our law firm handles both misdemeanors (up to one year in jail) and felony cases (more than one year in jail). We vigorously defend our clients whether they are charged with something as simple as a minor speeding more than 24 MPH over the limit and thus facing a license suspension, or whether they are alleged to have committed a DUI, drug possession, with or without intent to distribute, or drug trafficking, sex crimes, aggravated assault or battery, and murder, etc. An arrest is NOT a conviction. Everyone is presumed innocent until proven guilty. The State of Georgia must prove all of the material elements of any crime beyond a reasonable doubt. Do not under any circumstances go to court and face any alleged crime on your own without a professional to represent you even if you decide to hire a different law firm.
Successful Criminal Law Case Examples
- DUI Charges Reversed and Dismissed: Client (K.B.) was stopped by the City of Cumming Police for failure to maintain lane and eventually arrested for DUI. The breath test result at the jail was .172. Client asked for an independent blood test and the officer took him to the hospital but would not allow him to use a telephone or go to an ATM to obtain funds for the blood test. Attorney Parker McFarland filed a motion to suppress the breath test results due to the failure of the officer to reasonably accommodate Client’s request for an independent blood test. The Cumming Municipal Court Judge denied the motion and found the Client guilty of DUI Per Se (unlawful blood alcohol level). Attorney Parker McFarland filed an appeal from Municipal Court to Superior Court. After an oral argument, the appellate court reversed the Cumming Municipal Court’s ruling and held that the trial court erred in denying Client’s motion to suppress. Consequently, Client’s DUI conviction was overturned and he was cleared of all charges.
- Unconstitutional Statute/Criminal Charges Dismissed: McKenzie v. State, 279 Ga. 265 (2005). McKenzie was charged by the Forsyth County Solicitor’s Office with five counts of obscene telephone calls which were collect telephone calls that he made to his girlfriend and which she accepted. At the bench trial, the Forsyth County State Court Judge convicted him of two counts of obscene telephone calls and he was found “not guilty” of three counts. Attorney Parker McFarland challenged the statute on First Amendment grounds and the trial judge ruled that the statute was constitutional. Attorney Parker McFarland filed an appeal to the Georgia Supreme Court and McKenzie’s convictions were unanimously reversed. The Supreme Court ruled that the obscene telephone calls statute was unconstitutional because it violated the free speech rights guaranteed by the First Amendment of the United States Constitution. Therefore, McKenzie was exonerated of all charges.
- Drug Charges Dismissed: Client (A.L.) was sleeping as a passenger in a running vehicle in a public parking lot at 5:57 a.m. Forsyth County Officers asked Client to exit the vehicle and conducted a pat down of Client’s clothing. The officer pulled a glass jar our of Client’s pocket which contained alleged marijuana. Also found in the vehicle were large sums of money and numerous plastic baggies. Client was charged with possession of marijuana with intent to distribute. Attorney Parker McFarland filed a motion to suppress challenging the stop of the vehicle and the pat down of Client. Prior to the pre-trial hearing, the prosecutor dismissed all charges.
- Drug Charges Dismissed: Forsyth County Officers detained Client (S.W.) and his codefendant who were transferring items from one vehicle to another in a parking lot of a building under construction at 1:30 a.m. Even though Client’s vehicle had a flat tire, four police officers were suspicious of the defendants. Officers patted down Client’s codefendant and discovered suspected methamphetamine. The officers then searched both defendants’ vehicles and discovered numerous materials commonly used to make methamphetamine. Client was charged with (1) manufacturing meth., (2) conspiring to manufacture meth., (3) conspiring to distribute meth., (4) possession of meth. With intent to distribute, and (5) possession of meth. Attorney Parker McFarland filed a motion to suppress challenging the detention of Client and the search of Client’s vehicle. After a two day hearing, the Forsyth County Superior Court Judge granted the motion to suppress, finding that the patdown and subsequent search of the vehicles was unlawful, and all the charges were dismissed.
- Drug Charges Dismissed: Client (A.F.) was stopped by a Forsyth County Officer who suspected he was involved in drug activity. A search of Client’s vehicle yielded a large quantity of methamphetamine. Client was charged with trafficking in methamphetamine (over 28 grams) and faced a mandatory minimum of 10 years in prison if he was convicted. Attorney Parker McFarland convinced the District Attorney that the traffic stop was illegal and obtained a complete dismissal of all charges.
- Dismissal of Rape Charge: Client (C.B.) was charged with Rape in Hall County Superior Court. Attorney Parker McFarland hired a private investigator who conducted a comprehensive investigation including an interview with the alleged victim. As a result of the investigation and the testimony elicited at the preliminary hearing, the District Attorney dismissed the charge without it ever being presented to the grand jury for an indictment. After the charge was dismissed, Attorney Parker McFarland successfully applied for and obtained an expungement of Client’s arrest from his permanent criminal record.
- Acquittal of Family Violence Battery Charge: Client (M.C.) was arrested by Forsyth County Officers for a second offense family violence battery charge (throwing the victim into an awning causing a laceration on her forehead and bruising around her eye) against the same victim. At the jury trial in Forsyth County State Court, the alleged victim was cross-examined extensively by Attorney Parker McFarland and proven to be a liar. The jury returned a “not guilty” verdict.
- Sentence Reversed: Wnek v. State, 262 Ga. App. 733 (2003). Client was charged with felony theft by taking and financial transaction card theft in Forsyth County Superior Court. Following a jury trial, Client was found "not guilty" of theft by taking and guilty of financial transaction card theft. The Judge refused to give Client first offender status and Attorney Parker McFarland filed an Appeal to the Court of Appeals contending that the Judge failed to use its discretion to grant first offender. The appellate court vacated the sentence and remanded it back to the Trial Judge for resentencing. This time the Judge granted first offender status to Client which prevented her from being a convicted felon.
- Felony Theft by Taking Acquittal: Client (D.C.C.) was charged with felony theft by taking in Lumpkin County Superior Court and represented by Attorney Parker McFarland. A 2000 GMC Sierra was found stripped and abandoned close to Client’s residence. Additionally, although Client’s fingerprint was found in the truck and part of the truck bed was discovered by Lumpkin County Officers at Client’s home, he was found “not guilty” at the jury trial.
- Drug Charges Dismissed: Client (C.L.) was followed by a Forsyth County deputy and observed to abruptly turn into an unoccupied subdivision where there had been recent loitering complaints. The deputy was suspicious that Client was avoiding him and initiated a traffic stop. The deputy smelled a strong odor of marijuana, noted that Client’s eyes were bloodshot and other signs of marijuana use. A drug dog alerted on Client’s vehicle and an ensuing search turned up two ounces of marijuana, a grinder, scales, rolling papers, a pipe, blunt wrappers, and empty baggies. Client admitted that he purchased the two ounces of marijuana for $200 that evening. Client was charged with possession of marijuana with intent to distribute. Attorney Parker McFarland filed a Motion to Suppress asserting that there was no probable cause for the traffic stop and obtained a hearing date. Prior to the hearing in Forsyth County Superior Court, the District Attorney agreed that there was insufficient probable cause for the stop and dismissed all charges.
- Aggravated Assault and Criminal Damage to Property Charges Dismissed: Desalvo v. State, A09A0935 (8/13/09). Client (L.D.) was charged in Forsyth County Superior Court with aggravated assault by pointing a pistol at the victim as well as criminal damage to property in the 2nd degree. However, the State failed to present the case to the grand jury and secure an indictment within the four year statute of limitations. The State alleged an exception to toll the statute of limitations in the indictment, that the identity of Client was unknown to the State for 18 months. Attorney Parker McFarland filed a Plea in Bar in which he alleged that the identity of Client was in fact known to the State for the entire four years; therefore, the statute of limitations had expired and the case should be dismissed. At the Plea in Bar hearing, the District Attorney told the judge about DNA evidence which resulted in a match of Client 18 months after the incident. However, the District Attorney failed to call any witnesses to prove the exception to the statute of limitations. Attorney Parker McFarland argued that the State failed to carry its burden since the arguments of the District Attorney proved nothing but the trial judge denied the motion. Attorney Parker McFarland filed an appeal to the Georgia Court of Appeals. The Court of Appeals agreed with Parker McFarland that the State had failed to prove the exception to the statute of limitations, denied the State’s request for a second hearing, and reversed the trial court’s ruling. The result was a dismissal of all charges.
- DUI & Drug Charges Dismissed/Administrative License Suspension Reversed: Client (J.F.) was 20 years old, had a prior DUI, and was on felony probation for possession of marijuana with intent to distribute. Client ran a red light and caused a three vehicle wreck. A search of Client’s vehicle yielded two ounces of marijuana and $1,500 in cash. A breath test showed that Client was twice the legal limit (.02) at .041. Client was charged with possession of marijuana with intent to distribute, two counts of DUI, red light violation, and underage consumption by the City of Cumming police officer. Attorney Parker McFarland represented Client at the license suspension hearing and convinced the judge that there was insufficient probable cause for the DUI arrest; therefore, Client’s administrative license suspension was reversed. Attorney Parker McFarland filed a motion to suppress all the evidence in Forsyth County Superior Court based on the illegal arrest. Prior to the hearing, the District Attorney agreed that the arrest was invalid; therefore, all resulting evidence was inadmissible. All criminal charges were dismissed. Client’s probation was not revoked and he got his $1,500 back.
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