CAN MY BOYFRIEND GET ARRESTED?

My boyfriend had has been on probation since June 2016.  He has been trying to call his PO, and he’s also left them multiple messages with no returned call. I got into a car accident August 15th 2016 and we lost our unborn son. He has not talked to his PO.  Can he get a warrant for his arrest or face jail time when we are able to go up there in person in January?

 

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We send our condolences to your family.  It is best to hire counsel to go with you. However, if you cannot hire counsel, try to explain the circumstances to the PO.  When you go to the office bring proof of his attempts to contact the PO, and make sure that all other terms of the probation are completed and/or being completed. Contact Simmons Law at 404-461-8422 if you need legal help.

Excessive or Nah? Kevin Gates sentenced to 6 months!

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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.

 

 

#BlackLivesMatter Whistleblower, On Unpaid Leave for Almost a Month Returning to Work.

Press Release Leday August 4

Atlanta, GA- August 4, 2016Christopher LeDay, the man arrested on his job after posting the #AltonSterling police shooting video on social media, will return to work at the Dobbins Air Force Base on Monday August 8, 2016.  LeDay stated, “I’ve officially got my job back! Thanks to prayers, positive media coverage, my lawyer Tiffany M. Simmons, and my will to stand on my integrity!!! I’m good now!!! However, we will still be pursuing other matters pertaining to other injustices that took place.  Thanks to everyone who rooted for me.”

 

Additionally, Simmons Law would like to thank the Atlanta legal community, specifically, the Law Office of Gerald Griggs, the Atlanta NAACP chapter, and Attorney Nora Benavidez for their support of Chris LeDay.  We thank Mr. Adam Huh, a stranger, who assisted with starting the Go Fund me account for Mr. LeDay, and we thank all of those who have donated via Citizens Trust Bank to Mr. LeDay’s legal fund.

 

Mr. LeDay has suffered embarrassment and endured through acts of intimidation by law enforcement in an effort to silence his voice and efforts.  Simmons Law will continue to pursue every avenue available to protect Mr. LeDay’s reputation and freedom.

 

 

 

 

Contact:

Tiffany M. Simmons, Esq.

Principal Counsel for Christopher LeDay

tmsrlaw@gmail.com

400 Colony Square Suite 1100

1201 Peachtree St

Atlanta, GA 30361

Ph: 404-461-8422

 

 

 

 

About Simmons Law

Simmons Law is a civil and criminal litigation firm based in Atlanta, GA.  The firm’s practice areas are business, criminal defense, and entertainment law.  For more information on the firm and its lead counsel, Tiffany M. Simmons, visit slfirmllc.com.

 

 

PENALIZED FOR EXPOSING THE TRUTH

Atlanta, GA- July 15, 2016- On July 5, 2016, Christopher LeDay posted a video that shook the nation and changed the course of American history.  When LeDay showed up for work the next day at Dobbins Air force Base, he was detained by military police and later Dunwoody Police Department officers arrested him for a misdemeanor traffic violation, dating back to 2014.  Mr. LeDay has retained the services of Simmons Law to serve as legal counsel as he navigates a legal system that seemingly seeks to punish citizens who seek to expose police misconduct through exercising their constitutional rights.

 

Mr. LeDay has suffered embarrassment and endured through acts of intimidation by law enforcement in an effort to silence his voice and efforts.  Simmons Law Group has filed a formal complaint against the Dunwoody Police Department and we pursue every avenue available to protect Mr. LeDay’s reputation and freedom.

 

Our nation must do better.

 

Contact:

Tiffany M. Simmons, Esq.

Principal Counsel for Christopher LeDay

tmsrlaw@gmail.com

400 Colony Square Suite 1100

1201 Peachtree St

Atlanta, GA 30361

Ph: 404-461-8422

 

Did you see the Premiere Episode of “Empire”? Cookie’s speech? #RealTalk

Did you see the premiere episode of season two of Empire?  Cookie (Taraji Henson’s character and, allegedly, my celebrity lookalike) delivered a passionate monologue in support of Lucious being freed from jail.  

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How much longer….are they going to treat us like animals? The entire correction system is built on the backs of our brothers, our fathers, and our sons.  How much longer?  It is a system that must be dismantled, piece by piece, if we are to live up to these words that we recite with our hand over our heart “justice for all”, not justice for some, but justice for all!”  How much longer?

Her speech resonated with me.  It is something I say – and have been saying – in and as part of my law practice.  

Recently, I learned of yet another injustice in our society. In the southern parts of the United States, lack of funding in the courts is causing them to generate income in any way possible and according to an article published by the Southern Poverty Law Center, courts are resorting to a long abolished practice of “debtors prison”.  The incentive for this infrastructure is to increase revenue by issuing tickets and allowing people to be jailed for being unable to pay the fees and fines.  Reports and statistics show that it is the poorest members of society that are most impacted.  Nearly 80% of them are indigent.  It leaves their families are on the hook to pay these fees – often having to pull from the monies they need to pay rent and shelter costs…which puts them in a further bind to avoid jail.

In other words, the injustice of debtors prison is being revived via traffic court.  

How much longer before we can find a way to properly fund our court systems in a way that makes sense?  How much longer until we change the criminal justice system in a way that is actually reforming people and helping families…

How much longer?  

Source: https://www.splcenter.org/news/2014/08/26/splc-lawsuit-closes-debtors%E2%80%99-prison-alabama-capital