Imagine having your arrest mugshots displayed publicly in plain site, for everyone to see, and then being blackmailed to pay hundreds of dollars to have them taken down?

Internet sites like bustedmugshots.com, mugshots.com, whosarrested.com, and gotchamugshot.com, georgia.arrests.org are doing just that.  They have made a business out of posting arrest mugshots, optimizing them so that they show up prominently in a search for the person’s name, and then charging hundreds of dollars to have the pictures removed.

One of these sites even posted mugshots of the noble Dr. King without any mention that he was arrested as part of the Civil Rights Movement.

Penalties for DUI and criminal offenses are already very serious.  Traditionally, the offender would complete their penalties, pay their debt to society and move on with life.  Technology, however has made this much more complicated.  Now you have internet sites profiting off of the misfortune of others and using public humiliation as a tool to get money out of them.

Normal Google searches by the citizen’s name show the mugshot sites within the first few results WITHIN HOURS of the arrest.  The charges don’t even have to be serious criminal offenses.  One young lady who was arrested less than two days ago has her charges listed as:

• CRIMINAL MISCHIEF O/$50-U/$500
• FAILURE TO STOP AT DESIGNATED POINT (AT STOP SIGN)

This has caused major problems for people in terms of employment and personal relationships.  Many times, citizens don’t even know that their pictures have been listed until a friend (or enemy) informs them of it.  In one incident, a citizen had to move her home because a neighbor circulated her mugshot pictures in the community after an argument.

Keep in mind, these are arrest mugshots.  At the time of arrest, a person has the right to the presumption of innocence and in many cases innocent people are wrongfully arrested.  These sites are only defaming them for no reason.

In my years as a Fulton County prosecutor and now as a criminal defense attorney, I have seen many people try to save money by employing “do-it-yourself” lawyering.  Normally the results are not good.

Here are the Top 10 Reasons Why You  Should Hire a Criminal Defense Attorney

10. No One Will Help You

One common misconception people have is that the administrative clerks in the courts will guide them as to what forms they need to fill out and what they need to do.  They won’t.  Under Georgia law, the clerks cannot advise you in any way because this is considered unlicensed legal practice and is illegal.  You will be truly on your own.

9. To Avoid “Rookie” Mistakes

Georgia courts have very strict procedures and hard deadlines.  If a form is submitted incomplete or late it may hamper your chances at a viable defense and expose you to stricter penalties.

8. You’re Going Up Against Brutal Prosecutors

In a criminal case you will be going up against brutal, seasoned prosecutors who are result driven. They do not look out for your interests, they look out for the interests of The State.  They want a conviction.

I know this mentality very well because I used to be a Fulton County prosecutor and observed the lengths to which some prosecutors would go to secure a conviction.  While some were professional, others used unscrupulous and illegal tactics like hiding evidence and coaching witnesses.

7. To Throughly Examine the Evidence

Many times, the evidence brought forth by the prosecution has holes in it and questions that need to be answered.  A professional criminal defense lawyer can track down records and show these problems to the court and may save you from a unjust conviction.

6. You May Need an Expert Witness

Sometimes the best way to challenge the evidence is to call upon an expert witness.  Think back to the O.J. Simpson trial and Dr. Henry Lee’s testimony that the only way the blood pattern on O.J.’s socks could have been made was if he had a “hole in his ankle” or if it was handled improperly.  Dr. Lee’s testimony was key to Simpson’s acquittal.

5. Seek Alternatives

For many crimes, Georgia allows for diversionary programs and other alternatives.  Also deals can be worked with the prosecutor to plea to a lesser charge.  For example, a reduction to a reckless driving charge from a DUI will save you from jail and a license suspension.

4. A Criminal Conviction Carries a Serious Social Stigma

People will certainly judge you by your conviction.  With criminal records available online and through some third-party applications, people meeting you for the first time may learn about your conviction and this can obviously affect your relationships and business dealings.

3. A Georgia Conviction Will Stay on your Criminal History Forever

A criminal conviction will stay on your criminal history forever; it does not go away.  In today’s competitive job market, this can mean the difference between getting your dream job and standing in the unemployment line.  Who wants to hire an ex-con when a suitable applicant with a clean criminal history can be hired?  This is one of the most costly yet most overlooked consequences of a criminal conviction.

2. Many Common Crimes Have Very Heavy Penalties

When you think of the most common crimes you probably think of shoplifting, DUI and drug possession.  While these may be common, they also carry some very heavy penalties.  For example, possession of a single packet of synthetic marijuana will result in 2-15 years in jail, a first time DUI can result in up to one year in jail and a one year license suspension, and shoplifting can result in a year in jail and up to $1,000 in fines.  Jail is a place you don’t want to be and a professional criminal defense lawyer will use every inch of the law to keep you out of jail.

1. To Uncover the Truth

Law enforcement is a human endeavor and while there are many true professionals,there are also many bad apples.  Corrupt police officers and detectives have been known to destroy and tamper with evidence and prosecutors have been known to hide evidence that favors the defense.  No matter how nice the police officer was, when you read the police report and hear their testimony you’ll be thinking to yourself, “THAT is not what happened!”

This is why you need a true professional, to uncover the truth and show the court what really happened and protect your rights.

If you have a criminal case in the Atlanta area and need an attorney who will be 100% dedicated to your defense, please call 1-855-9-ATL-DUI.

Georgia has some of the toughest shoplifting laws in country.  The problems is, the laws are very confusing.  In this post I will try to explain Georgia’s shoplifting laws in an easy to understand way.

Shoplifting is common in Atlanta but the penalties are very tough.

Definition of Shoplifting

While most people think of shoplifting as using “the five-fingered discount”, there are other acts which are also considered shoplifiting under the law such as changing the price tags or causing the price charged to be less than the price the retailer intended. Frankly speaking you face a greater punishment for shoplifting than in many other theft crimes, even if the shoplifting involved an item of very little value.

Georgia Shoplifting Penalties

The State of Georgia takes into account two factors when determining penalties for shoplifting, the value of the merchandise and the number of prior offenses.

If the merchandise is valued at less than $500, then the offense is considered a misdemeanor.  If it’s more than $500 then it is a felony.  The threshold was previously $300 but changed on July 1, 2012.

When considering the number of prior offenses, the sentencing is based solely on how many offenses were committed, regardless of whether they were misdemeanor shoplifting offenses or felonies.  For example, it would be considered a third offense if the defendant had two prior misdemeanors, two felonies, or a combination of the two.

The penalty range is set based on the factors above, however, the judge will use his/her discretion in issuing the penalty upon conviction.

The penalty ranges are listed in the table below:

As you can see, even a first offense carries the potential for a heavy fine and possibly jail time.  What’s even more alarming is that regardless of the value of the merchandise taken, a fourth offense is deemed a felony.  Even if it is for a $1 cup of soda.

Additional Consequences

There are many additional consequences which can arise as a result of a shoplifting conviction especially for teenagers and young adults:

1. The conviction will show up on your permanent criminal history
2. You may be disqualified from certain scholarships
3. Many companies will not consider you for employment
4. You may face additional sanctions from your employer (e.g. school teachers, military personnel)

Important Note

With penalties this tough it is important that you get legal advice immediately.  There are many options to weigh and factors that must be considered before taking any steps.  Taking the wrong step can destroy any opportunity you may have at a defense.  For example, it is common practice for a merchant to issue a demand letter seeking damages from you sometimes with the “promise” of not pressing charges against you.  This is a complete lie.  Once the matter is in the hands of the police, the merchant has no authority to drop your charges.  Once more, paying the demand letter is considered as an admission of guilt and will destroy many of your defenses.  This is why you need to contact a professional criminal defense attorney who is experienced in theft and shoplifting cases.

Attorney Chanco has served as a prosecutor and as a defense attorney.  He has prosecuted shoplifting cases as well as defended them. He knows both sides of the law.  This unique experience allows him to offer a knowledgeable and thorough defense of your case. Call today for a free consultation, 1-855-9-ATL-DUI.

What is $1 worth nowadays?  With the way inflation is going, you really can’t buy much for a dollar nowadays.  So why is a Florida man being charged with a felony for stealing a $1 soda from McDonald’s?

A felony for stealing a soda? This is absurd.

$1 felony: Florida man charged over soda bill at McDonald’s

$1 felony: Local authorities in Florida say a man faces felony charges after refusing to pay for a cup of soda at a McDonald’s restaurant.

A Florida man faces felony charges after refusing to pay $1 for a cup of soda in an East Naples McDonald’s restaurant.

The local manager told sheriff’s deputies that Mark Abaire filled a courtesy cup with soda and walked out of the building without paying. A McDonald’s employee told him the cup was only for water. However, Abaire filled it with soda from the fountain machine and went to sit outside the restaurant.

The police report stated that when the manager asked him to pay, Abaire declined, cursed at him and refused to leave the premises, the Naples News reported.

Collier County deputies later arrested Abaire who now faces felony charges, according to the same report.

The initial charge was for petty theft. But due to Abaire’s record of prior petty theft convictions, the charge was increased from a misdemeanor to a felony under Florida’s ‘three strikes’ statute.

‘Three strikes’ laws, currently being used in 26 states, came as a response to public outrage over a string of kidnappings and murders by paroled repeat offenders in Washington State in 1993.

In Florida, it appears that third-degree felony is punishable by a maximum of 5 years in prison and a $5,000 fine.

This is absurd.  Being convicted of a felony normally carries a lengthy prison sentence, hefty fines and the loss of voting and other rights.  On top of that it will show up on background checks preventing him from finding meaningful work. (Who would want to hire a convicted felon).

Instead of helping to rehabilitate this man, we are basically condemning him out of society- creating a situation that will push him towards more serious crime.

Georgia has similar repeat offender laws for shoplifting and petty theft meaning a person who has multiple shoplifting violations can be convicted of a felony and can face 1-10 years in prison.

The laws in this country are becoming more and more absurd because of politics.  As many people have commented, “Politicians and banking executives can steal millions and no one goes after them, but if you steal a soda you can get a felony!”

The criminal justice system in this country makes no sense sometimes. Fraudulent corporate executive, who defrauded people out of billions get off with little or no punishment while the poor and innocent get treated with the heavy hand of the law.  Case in point:

15 years for stealing $100 while corporate executive get off easy for fraud worth billions?

Man Who Took One Bill And Handed Rest Back To Bank Teller Gets 15-Year Sentence
A man who said he robbed a downtown Shreveport bank because he was out of a job and hungry has been sentenced to 15 years in prison for first-degree robbery.

Roy Brown, 54, of Audrey Lane, pleaded guilty in Caddo District Court to robbing the Capital One bank in December 2007.

Brown admitted walking up to a teller with one of his hands under his jacket and telling her it was a “stickup.” The teller handed the man three stacks of bills and he took a single $100 bill, told her he was homeless and left, police said.

Brown surrendered to police the next day, telling them his mother didn’t raise him that way.

Police let him sober up and interviewed him two days later. Police said Brown told them he needed money to stay in a downtown detox center, had nowhere to stay and was hungry — so he walked up the street and robbed the bank.

He was homeless and trying to survive.  Admittedly he did the wrong thing but owned up to the mistake returned the money and turned himself in.  Instead of showing some compassion and mercy, the poor guy gets 15 years?!

The criminal justice system in this country needs to be reformed.  How much longer can we bear injustices like these?

Sloppy police work can have some really dangerous and damaging results.  Recently, Atlanta police arrested the wrong woman and she ended up spending 53 days in jail because of their error:

Atlanta Police make mistakes that land innocent people in jail.

Atlanta woman wrongly imprisoned for 53 days because of name mix-up

An Atlanta woman says she was mistakenly imprisoned for 53 days because police confused her for someone else with the same first name.

Teresa Culpepper says she called police to report that her truck had been stolen in August. But when they showed up at her home, they arrested her for aggravated assault committed by another Teresa.

“All she has is the same first name. The only descriptions that match are ‘Teresa’ and ‘black female,’” Culpepper’s attorney, Ashleigh Merchant told The Lookout. Culpepper, who is 47, didn’t have the same address, birth date, height, or weight as the Teresa who was supposed to be arrested.

It really is a shame that innocent, law-abiding citizens have to suffer such humiliation and trauma because of the sloppiness and laziness of our police.  The police are entrusted to protect our rights and our liberty and then they turn out results like this?  This is why you need to contact a qualified defense attorney as soon as you can to help clarify your case and prove your innocence.

If you are in th Atlanta area, please call 1-855-9-ATL-DUI for a free, detailed consultation about your case.

If you are charged with a crime related to bath salts, synthetic marijuana or other drugs, please call Attorney Chanco for a free consultation at 1-855-9-ATL-DUI.

The Drug Enforcement Administration (DEA) recently used its emergency powers to ban three substances (Mephedrone , 3,4 methylenedioxypyrovalerone (MDPV) and Methylone). These substances are commonly found in bath salts like “Purple Wave”, “Ivory Wave”, “Bliss”, and “Vanilla Sky”.   The ban has made it illegal to manufacture, distribute, sell and possess these substances anywhere in the country.

The DEA has classified these substances as “Schedule I” drugs which normally carry the most severe penalties and are many time prosecuted as felonies.

If you are charged with a crime related to bath salts, synthetic marijuana or other drugs, please call Attorney Chanco for a free consultation at 1-855-9-ATL-DUI.

A woman screams out in pain as she goes into labor.  She begs the sheriff to release one hand from the shackles but he coldly refuses.  This could only happen in a third-world country oppressed dictatorship, right? Wrong! This happens to a number of women right here in The United States.

Their crime: being undocumented illegal immigrants:

Undocumented Women Forced To Give Birth While Shackled And In Police Custody

“When I was in bed, I was begging the sheriff, ‘Please let me free — at least one hand,’ and he said, no, he didn’t want to,” Juana Villegas said in an interview with a local Nashville television station. She was describing the experience of being shackled to her hospital bed as she went into labor. Villegas gave birth in the sheriff’s custody, after she was stopped by local police while driving without a valid license.

To me this isn’t an immigration question at all; it is a question of basic human rights.  She wasn’t a violent criminal. she wasn’t a threat to flee.  All she was asking for was to be treated like a human. But the police, the upholders of the law, could not bring themselves to such a level of humanity.  If this is not “cruel and unusual punishment” then please tell me what is?