Happened again, caught with weed…

QUESTION:  

“What happens when you violate a conditional discharge in GA with the same offense marijuana less than an ounce.  I was pulled over for the factory mirror tint on my car and had marijuana less than an ounce.  I tried to eat it to get rid of it but had to spit it out I was charged with DUI marijuana for trying to eat it and less than an once I’m on a conditional discharge for less than an once now what will the judge most likely do?”

ANSWER:

Getting into trouble while you already have a pending legal case is not a good indicator to the Judges/court that you will not “re- offend.”  If you have violated the terms of your original conditional discharge agreement then the judge has many options as far as what he/she will do. Hiring legal counsel is the best option for you as you deal with the new case, as well as the consequences of violating the terms of the old case.  Simmons Law provides counsel in the areas of business, criminal defense, and entertainment law.  Contact an attorney that can help assess the facts and assist you through the process.

 

 

Advertisements

Excessive or Nah? Kevin Gates sentenced to 6 months!

Have you heard that Kevin Gates was found guilty of battery by “kicking” a fan at a 2015 concert? Yes, he was just sentenced to six months in jail.  As a lawyer, I wasn’t as surprised at his conviction, but his sentencing left me asking why?  In trial you roll the dice and hope to not crap out, you never know how a case will turn out.  In this case, Mr. Gates crapped out when he was found guilty!  On October 26, 2016, the New Orleans rapper was found guilty of battery and sentenced to 180 days in a Polk County Jail.  180 days for simple battery?  6 months away from his family, career, his life?

With limited facts, if representing Kevin Gates, Simmons Law would use the most common defense of self-defense to fight the battery case. In order to establish self-defense, an accused must generally show: a threat of unlawful force or harm against them; a real, honest perceived fear of harm to themselves (there must be a reasonable basis for this perceived fear); no harm or provocation on their part; and there was no reasonable chance of retreating or escaping the situation.

Based on the short video clip, Kevin Gates could have felt threatened by fans grabbing at him when he swiftly kicked towards the fan.  Alternatively, Kevin Gates could have been in fear due to the large crowd at the sold out concert; for an entertainer safety is important.  Additionally, Kevin Gates did not provoke the “fan” to touch him first, another factor for self-defense.  Overall, The Court’s ruling bothered me because the Judge went above the recommendation of the States Attorney for a questionable case (Yes that video was questionable!).  Was the Judge in this case attempting to prove a point with Kevin Gates, a husband, father, entertainer, but also a black man in the US “justice” system by sentencing him this way?

Kevin, lesson learned, some “fans” aren’t fans.  Fans, lesson learned, do not create dangerous situations for the entertainers you support by grabbing them, etc.

In the State of Georgia, A person commits the offense of battery when he or she intentionally causes substantial physical harm or visible bodily harm to another.  A person who commits the offense of battery is guilty of a misdemeanor.  Punishment for misdemeanors generally a fine not to exceed $1,000.00 or by confinement in the county or other jail, county correctional institution, or such other places as counties may provide for maintenance of county inmates, for a total term not to exceed 12 months, or both;   IF YOU ARE FACING A CRIME, HIRE COUNSEL IMMEDIATELY, SIMMONS LAW CAN BE REACHED AT 404-461-8422.

 

 

Did the court mess up? I thought I plead under conditional discharge

Question: What should I do? Is this an error on the court’s side? They told me one thing at the arraignment, now it seems to be another.  A misdemeanor of disorderly conduct is showing up on my record. I was told by the PUBLIC DEFENDER that was representing me that If I pleaded guilty AFTER the conditional discharge request was introduced to the judge depending on if he accepted it or not I would be under conditional discharge and this would be dropped after I finish a program. I pleaded guilty AFTER the judge accepted the Conditional Request But, the problem is I wasn’t given any type of probation or any program. Nowhere on my final disposition paper or background check does it say anything about me being under CONDITIONAL DISCHARGE. I called the DA about 3 days after the case date and got the details & they’re just saying that the charge was reduced from FEL to MIS and 12MNTH PROBATION. Original charge was F weapon at school.

Answer:  A Conditional Discharge is where a defendant enters a guilty plea, but the judge withholds disposition until a period of probation is completed.  If you successfully complete the required conditions then the case against you will be dropped.  The facts given are contradictory and it is hard to say what happened in your case.  However, if you did in fact plea under conditional discharge, the charge will not be dropped until the 12 months of probation ends.  If you are still unclear about the case contact the lawyer that you had at the time for further clarification.  If you feel that the plea was improper, you may have appeal rights.  However, seek counsel from the original attorney.