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What To Do (And What Not To Do) in an Encounter With The Police

Wed, 19 Aug 2020 01:49:50 GMT

Do Not Talk To The Police Without A Lawyer Present

State laws often require you to provide your name to the police if asked and to provide your driver’s license if stopped in a car. You are NOT required to and, in most circumstances, should not give ANY OTHER information . Remember that everything you say can be used against you in charging and prosecuting you for a crime. You have a right to remain silent, not to speak. Simply tell the police politely, “I would like to remain silent unless I have a lawyer with me.” Then, do not talk to them unless you have a lawyer present to represent you. Even if you are innocent of any wrongdoing, you may unintentionally say something which incriminates you or hurts your defense. Many people are arrested and prosecuted every day for crimes that they have not committed.

Do Not Consent To A Search Without A Warrant

You never have to consent to a search of your car, your home, your bags, your belongings, or your person. If you do consent to a search, you waive many arguments you may be able to use later to say that the search was unconstitutional. If the police say they have a search warrant, ask to see it. If they don’t have a warrant, say politely, “I do not consent to this search,” and ask, “Am I free to leave or are you detaining me?” Law enforcement officers cannot arrest you simply for refusing to consent to a search. The search may still happen but refusing to consent to the search will protect your rights later if you go to court. Remember, even if you are certain you have nothing illegal to hide, you should not consent to a search without a warrant. Someone may have left something incriminating in your home, car, or bag, and even something as simple as a prescription medication not contained in a bottle, or medication without an accompanying prescription, can result in arrest in many states.

Do Follow These Simple Steps If You Are Stopped By Police

If you are in your vehicle, roll down your front windows, if possible. Keep your hands visible on the wheel, and wait for the officer to come to one of the windows. Do not get out of your car and approach the officer. Upon request, show the police your driver’s license, registration, and proof of insurance. In all circumstances, be courteous and professional during an encounter with law enforcement. Keep your hands visible at all times and out of your pockets. Don’t bad mouth or curse at the police or call them names. Don’t physically touch an officer. Do not make sudden movements. Stand and remain where they tell you to. Do not interfere with, try to run or walk away from, or obstruct the police – you can be arrested for doing so.

Do Not Take Field Sobriety Tests If Stopped For DUI

If the police suspect that you have been drinking, they will begin a DUI investigation and will ask you to do Field Sobriety Tests. All field sobriety tests are voluntary and optional in Georgia. You can refuse to take Field Sobriety Tests, and your refusal cannot be used against you in court. Most field sobriety tests are difficult to perform sober and never reflect well on the individual stopped. NOTE: Field Sobriety Tests are different from breath and blood alcohol tests. The police will also ask you to take a breath, blood or urine test to determine your blood alcohol level or if drugs are in your system. You can refuse to take the breath, blood or urine test. Refusal, however, can result in driver’s license suspension and may be admissible against you at trial. If you are arrested following the traffic stop, your car will be searched.

Do Ask For A Lawyer

If you are arrested, ask for a lawyer immediately. Remember and record officers’ badge numbers, patrol car numbers, and physical descriptions, if possible. Write down everything you remember as soon as possible. Try to find witness names, addresses, and phone numbers. If you are injured during an encounter with police, seek medical treatment and take photographs of the injuries as soon as possible. Obtain copies of your medical records after your treatment and provide them to your lawyer.

Article written by:

The Law Office of Kim Stephens
1143 Prince Ave

Athens, GA 30606

(706) 548-3933

https://www.athens-lawfirm.com/

Athens Laws and Ordinances that Students Need to Know

Wed, 14 Aug 2019 20:00:11 GMT

Stephens & Brown , Athens Georgia’s premier DUI and criminal defense law firm , welcomes University of Georgia , University of North Georgia , Athens Technical College , and Piedmont College students back to Athens . The fall is an exciting time in Athens, with students returning to the city, and football season just around the corner. Former Bulldog All-American and criminal defense attorney Kim Stephens encourages incoming students to study, work hard, have fun, and be careful to avoid being arrested and forever branded as a criminal.

State laws and local ordinances :

Athens has an open container ordinance , meaning it is illegal to consume alcoholic beverages outside in public spaces, even just outside of some bars and restaurants. The local police enforce the open container law year round, even on football game days on and off campus.
If you are charged with possession of a false or fake ID, you may never be allowed to work in the banking industry because FDIC regulations prohibit banks from hiring individuals charged with crimes involving dishonesty, even if the charge is resolved with a Pretrial Diversion Program. We can help you avoid this situation and protect your future in the financial industry.
If you drink alcohol and are under the age of twenty-one, you may be charged with Underage Possession of Alcohol, i.e. MIP , even if the police don’t perform any test to determine if you have been drinking. Local police departments in Athens do not arrest first time underage drinkers UNLESS another charge accompanies the MIP charge; but, the penalties and sentences in MIP cases can still be unduly harsh and burdensome and can result in you having a criminal record. You should always consult with an attorney before you go to court.
If you are under the age of twenty-one and drive any vehicle after consuming alcoholic beverages, you may be charged with DUI . Even if you are lucky enough to avoid a DUI charge, your driver’s license would likely be suspended if you are charged with MIP while driving. Don’t put yourself or others at risk. Walk (preferably with a friend so that you won’t be a good candidate for being robbed or mugged), call a sober friend, have a designated driver, take a cab, or let Uber or Lyft help you. If you are charged with DUI you need an experienced DUI lawyer to protect your license and your future.
If you are over the age of twenty-one and drive a vehicle (including bicycles, scooters, Segways, golf carts, horses, or any moving vehicle) with a blood alcohol level of .08, you will be charged with DUI in Athens. While television, radio and billboard advertisements call a DUI a $10,000.00 mistake, I have heard of a DUI conviction costing a person more than $200,000.00 because he lost his job, lost his company car, couldn’t find other work for over a year, almost lost his home, and suffered the more typical DUI penalties. DUI can have a severe impact on your life whether you are a college student or a working adult.
If you drive a vehicle improperly (speeding, failure to maintain lane, etc.) after consuming alcohol or using drugs , you may be charged with DUI less safe even if you refuse the breath or blood test. Often police officers will request that you take “a few tests” to determine if you are impaired. You are NOT required to take these field sobriety tests . Understand that police officers use the test to gather evidence against you, not to help you. So, in almost every circumstance, you should refuse to do field sobriety tests at the scene of your stop.
If you are involved in a motor vehicle accident after consuming alcohol or drugs, you may be charged with crimes ranging from misdemeanor reckless driving to felony vehicular homicide . A conviction for vehicular homicide almost always results in many years of prison time though Stephens & Brown has successfully kept a person out of jail who caused the death of two elderly people after smoking marijuana. Just this year, attorney Kim T. Stephens successfully kept a client out of prison on a vehicular homicide charge resulting from a horrible wreck that killed the client’s husband. In this case, the client had 2 previous DUIs, 3 previous felony drug convictions, and drugs in her system at the time of the wreck. Don’t take a chance of killing someone, ruining your life, and devastating the lives of family members for you and the person you might injure or kill.
If you buy alcohol and provide it to someone under the age of twenty-one, you can be charged with providing alcohol to a minor . In addition to criminal sanctions, your driver’s license will be suspended if you are convicted of providing alcohol to a minor.
If you have sex with an individual who is under the influence of alcohol or drugs, you can be charged with rape , aggravated sexual battery , sexual battery , and other serious criminal charges, even if you were also intoxicated. Students, particularly male students, are also being expelled or suspended by UGA and other colleges and universities based upon accusations of sexual misconduct where both students involved were under the influence of alcohol or drugs at the time.

Remember, if you are charged with a crime or asked to meet with the police, the Office of Student Conduct or other school administrators about alleged crimes or other violations of your school’s Code of Conduct, it is essential that you hire an attorney who can provide you with a powerful defense and protect your future. Kim Stephens defends students every day against false or inflated accusations, winning in court, and preventing incidents from impacting students’ education and lives beyond college.

About Kim Stephens

Georgia Supreme Court Strikes Down Portions of DUI Law and Supports the Right to Refuse a DUI Breath Test

Wed, 20 Feb 2019 00:00:00 GMT

The Supreme Court of Georgia has made an important decision regarding the State’s use of a person’s right to refuse a DUI breath test as evidence in that person’s DUI trial . Elliott v. State , originally a 2015 Georgia DUI case , made it before the Supreme Court of Georgia.

In a unanimous opinion, the Court held that when a person refuses to submit to a chemical test of his or her breath, the fact that they refused testing cannot be used against the accused at trial. Prosecutors should no longer be able to comment on a person’s refusal or motive to refuse testing. Judges will no longer instruct juries that they should presume a person was under the influence of alcohol merely because he or she refused to take a state breath test. The Georgia Supreme Court has now officially recognized that a person has a constitutional right to refuse a DUI breath test .

So, what happens now?

To begin with, the Georgia Implied Consent Notice will have to be changed by the Georgia legislature. Until such time that the General Assembly re-writes the statute that controls the warning, the trial courts will have to perform an analysis in each DUI case to determine if the accused voluntarily submitted to testing or was coerced into providing a breath sample with false information and/or implied threats by law enforcement.

In the meantime, Georgia drivers who have been drinking alcohol should not voluntarily provide breath samples to law enforcement officers if they are stopped for a traffic violation or at a roadblock. Drivers should continue to cooperate and be respectful to officers but politely refuse to submit to field sobriety testing and chemical testing of the driver’s breath since the sole purpose for the testing would be to gather evidence from the driver that could be used in court. Of course, we advise ALL drivers to abstain from drinking alcohol prior to operating a motor vehicle and encourage use of ride share services such a Uber and Lyft .

What Students Need to Know About State Laws and Ordinances in Athens

Fri, 10 Aug 2018 00:00:00 GMT

Stephens & Brown , Athens Georgia’s premier DUI and criminal defense law firm , welcomes University of Georgia , University of North Georgia , Athens Technical College , and Piedmont College students back to Athens and encourages students to learn about the state laws and ordinances in Athens to avoid criminal charges while studying here. The fall is an exciting time in Athens, with students returning to the city, and football season just around the corner. Former Bulldog All-American and criminal defense attorney Kim Stephens encourages incoming students to study, work hard, have fun, and avoid being arrested and forever branded as a criminal.

Remember, if you are charged with a crime or asked to meet with school administrators about alleged crimes, academic dishonesty, or other violations of your school’s Honor Code, it is essential that you hire an attorney who can provide you with a powerful defense and protect your future. Kim Stephens defends students every day against false or inflated accusations, winning in court, and preventing incidents from impacting students’ education and lives beyond college.

Students should be aware of the following state laws and local ordinances:

State laws and local ordinances:

Athens has an open container ordinance , meaning it is illegal to consume alcoholic beverages outside in public spaces, even just outside of some bars and restaurants. The local police enforce the open container law year round, even on football game days on and off campus.
Athens has a noise ordinance and excessive noise at any residence may result in police coming to your residence and attempting to question everyone who is there. If the police show up at your home because of a noise complaint, have someone who has not been drinking and/or is over 21 years of age meet the officers at the door and, above all else, be polite, cooperate and turn the noise down, i.e. lower the decibel level.
Littering violates state law and local ordinances and makes the community an uglier place. Instead of dropping cans, bottles or other trash on the ground or throwing them out the car window, pick up any trash you see and put it in the closest recycle or trash bin. You will feel good about yourself and will avoid unnecessary attention from the police.
If you drink alcohol and are under the age of twenty-one, you may be charged with Underage Possession of Alcohol , i.e. MIP , even if the police don’t perform any test to determine if you have been drinking. Local police departments in Athens do not arrest first time underage drinkers UNLESS another charge accompanies the MIP charge; but, the penalties and sentences in MIP cases can still be unduly harsh and burdensome and can result in you having a criminal record. Please don’t trust your friend’s expert advice just because he or she already had an MIP in Athens or somewhere else. You should always consult with an attorney before you go to court.
If you are under the age of twenty-one and drive any vehicle after consuming alcoholic beverages, you may be charged with DUI . Even if you are lucky enough to avoid a DUI charge, your driver’s license would likely be suspended if you are charged with MIP while driving. Don’t put yourself or others at risk. Walk (preferably with a friend so that you won’t be a good candidate for being robbed or mugged), call a sober friend, have a designated driver, take a cab, or let Uber or Lyft help you.
If you are over the age of twenty-one and drive a vehicle (including bicycles, scooters, Segways, golf carts, horses, or any moving vehicle) with a blood alcohol level of .08, you will be charged with DUI in Athens. While television, radio and billboard advertisements call a DUI a $10,000.00 mistake, I know of a DUI conviction costing a person more than $200,000.00 because he lost his job, lost his company car, couldn’t find other work for over a year, almost lost his home, and suffered the more typical DUI I’ve also seen commercial drivers lose their licenses for a year and, for a second DUI, permanently lose their CDL, thus taking away their ability to work. These cases demonstrate the severe impact a DUI can have whether you are a college student or a working adult.
If you drive a vehicle improperly (speeding, failure to maintain lane, etc.) after consuming alcohol or using drugs , you may be charged with DUI less safe even if you refuse the breath or blood test. Often police officers will request that you take “a few tests” to determine if you are impaired. You are not required to take these field sobriety tests . Understand that police officers use the test to gather evidence against you, not to help you. So, in almost every circumstance, you should refuse to do field sobriety tests at the scene of your stop.
If you are involved in a motor vehicle accident after consuming alcohol or drugs, you may be charged with crimes ranging from misdemeanor reckless driving to felony vehicular homicide . A conviction for vehicular homicide almost always results in many years of prison time though Stephens & Brown has successfully kept a person out of jail who caused the death of two elderly people after smoking marijuana. Just this year, attorney Kim T. Stephens successfully kept a client out of prison on a vehicular homicide charge resulting from a horrible wreck that killed the client’s husband. In this case, the client had 2 previous DUIs, 3 previous felony drug convictions, and drugs in her system at the time of the wreck. Don’t take a chance of killing someone, ruining your life, and devastating the lives of family members for you and the person you might injure or kill.
If you buy alcohol and provide it to someone under the age of twenty-one, you can be charged with providing alcohol to a minor . In addition to criminal sanctions, your driver’s license will be suspended if you are convicted of providing alcohol to a minor.
If you have sex with an individual under the influence of alcohol or drugs, you can be charged with rape , aggravated sexual battery , sexual battery , and other serious criminal charges, even if you were also intoxicated. Students, particularly male students, are also being expelled or suspended by UGA and other colleges and universities based upon accusations of sexual misconduct where both students involved were under the influence of alcohol or drugs at the time.

Georgia’s Distracted Driver Law 2018

Mon, 11 Jun 2018 00:00:00 GMT

Georgia’s Distracted Driver Law: What You Need to Know

On July 1, 2018, Georgia’s distracted driver law takes effect. This new law prohibits drivers in the State of Georgia from using wireless communication devices including cell phones and tablets/Ipads in any manner other than through a hands free accessory, i.e. Bluetooth technology.

What actions will be illegal under the distracted driver law?

Writing, reading or sending text messages, emails, instant messages, social media posts, snapchats, tweets, etc., or other internet data while holding the device.
Watching any form of video or other moving picture other than data related to navigation apps or GPS screens.
Holding or supporting cell phones or tablets/Ipads with any part of the body.

Can drivers use their phones or other wireless devices to communicate at all while driving?

Yes! Drivers can use wireless devices legally in the following ways:

Use navigation apps and GPS systems.
Speak or text if the driver uses hands free technology to do so.
Wear and use a smart watch.
Use an earpiece to talk on a cell phone.
Use radios, CB radios, commercial two-way radios, emergency communication devices, prescribed medical devices, amateur and ham radios, and “in vehicle security, navigation or remote diagnostics systems” like OnStar.

When is it legal for drivers to use their phones or devices without hands free technology?

The law allows Georgia drivers to use cell phones, tablets, Ipads and other wireless communication devices in any manner while the vehicle is lawfully parked. Lawfully parked does not mean stopped at a stoplight or other traffic control device. Lawfully parked means stopped off or beside the road in an area open to parking with the transmission placed in “park” or neutral.

What if it’s an emergency?

In addition to a few job specific exceptions, the law does not apply to drivers who are reporting a traffic accident, medical emergency, fire, an actual or potential criminal or delinquent act, or road condition which causes an immediate and serious traffic or safety hazard.

What happens if a driver violates the distracted driver law?

Violation of the “distracted driver law” is a misdemeanor crime, punishable by fines. However, if distracted driving results in an accident or injury, the driver may face community service, probation and, potentially, confinement, though confinement is unlikely unless the violation caused serious bodily injury or death to another person. The biggest impact on a Georgia driver who violates the law may be that up to 3 points can be assessed against the driver’s license causing substantial increases to car insurance premiums.

Athens Attorneys Celebrate Medical Professionals Appreciation Week

Fri, 11 May 2018 00:00:00 GMT

Our Athens attorneys showed their appreciation for local medical workers with breakfast this week.

The offices at Prince and King are located right next door to Piedmont Hospital in Athens, and we see the hardworking doctors, nurses, technicians, and staff every day, as well as the employees of the many other medical offices located on Prince Avenue. To show our appreciation for the work they do, our attorneys and staff provided breakfast and coffee outside our office on Tuesday morning. Criminal defense attorney, Kim T. Stephens , personal injury attorney Blaine Norris , and divorce attorney Michael S. Brown enjoyed meeting our local medical professionals, sharing food, and yes, a few bad lawyer jokes.

We are thankful to all those who serve in the medical profession and want to express our appreciation to them this week and every week.

DUI Defense — What You Need to Know

Thu, 26 Apr 2018 00:00:00 GMT

DUI defense attorney, Kim Thomas Stephens, successfully represents people every day charged with DUI and other alcohol and drug related crimes.

Underage DUI:

If you are under the age of twenty-one and drive any vehicle after consuming alcoholic beverages, you may be charged with DUI. Even if you are lucky enough to avoid a DUI charge, your driver’s license would likely be suspended if you are charged with MIP while driving. Don’t put yourself or others at risk. Walk (preferably with a friend so that you won’t be a good candidate for being robbed or mugged), call a sober friend, have a designated driver, take a cab, or let Uber help you.

DUI

If you are over the age of twenty-one and drive a vehicle (including bicycles, scooters, Segways, golf carts, horses, or any moving vehicle) with a blood alcohol level of .08, you will be charged with DUI in Athens. While television, radio and billboard advertisements call a DUI a $10,000.00 mistake, defense attorney, Kim T. Stephens warns that the cost can be much higher because an individual can lose their job, company car, etc. Commercial drivers often lose their licenses for a year and, for a second DUI, permanently lose their CDL, thus taking away their ability to work.

DUI Less Safe

If you drive a vehicle improperly (speeding, failure to maintain lane, etc.) after consuming alcohol or using drugs, you may be charged with DUI less safe even if you refuse the breath or blood test. Often police officers will request that you take “a few tests” to determine if you are impaired. You are not required to take these field sobriety tests, which are different than breath or blood alcohol tests. Understand that police officers use the test to gather evidence against you, not to help you. So, in almost every circumstance, you should refuse to do field sobriety tests at the scene of your stop.

Vehicular Homicide

If you are involved in a motor vehicle accident after consuming alcohol or drugs, you may be charged with crimes ranging from misdemeanor reckless driving to felony vehicular homicide. A conviction for vehicular homicide almost always results in many years of prison time though DUI defense attorney Kim T. Stephens has successfully kept a person out of jail who caused the death of two elderly people after smoking marijuana. Just this year, attorney Kim T. Stephens successfully kept a client out of prison on a vehicular homicide charge resulting from a horrible wreck that killed the client’s husband. In this case, the client had 2 previous DUIs, 3 previous felony drug convictions, and drugs in her system at the time of the wreck. Don’t take a chance of killing someone, ruining your life, and devastating the lives of family members for you and the person you might injure or kill.

2017 Law Update:

Georgia law has been changed to allow a driver charged with DUI to elect to have an ignition interlock device placed on his or her car for 12 months to avoid a license suspension on a first DUI. Whether to accept this option or ask for an administrative hearing is a tricky question that should only be made after consulting an attorney. For more information, please see our blog titled, DUI Attorney Kim T. Stephens on New Georgia DUI Law 2017 .

Tags: defense attorney , DUI , DUI Attorne y , DUI Commercial Drivers , DUI Defense , DUI Less Safe , Vehicular Homicide

Myth Busting Part 2: 10 Traffic Laws You Probably Didn’t Know Existed

Mon, 05 Mar 2018 00:00:00 GMT

Myth Busting Part 2:

10 Traffic Laws You Probably Didn’t Know Existed

You can be pulled over for going the speed limit. No left-lane cruising! Georgia law requires drivers in the left lane on a highway, interstate or expressway to move over if a faster car approaches from behind.
You have to move over one lane for garbage trucks. Under Georgia’s “Move-Over Law,” drivers must move over one lane for all types of emergency vehicles stopped on the side of the highway including police cars, HERO units, ambulances, fire trucks, and even garbage trucks. If heavy traffic will not allow you to move over, the law says you should slow down to 10 miles per hour below the speed limit.
It’s illegal to use the center lane to merge into traffic. The center “turn lane” cannot be legally used for any purposes except to make a left turn… hence, the name: “turn lane.” Drivers must enter the center lane 300 feet or less from the location where they will turn left, per Georgia law.
You cannot wear headphones in both ears while driving. If your car speakers are broken or you use headphones to talk on the phone, you’ll have to settle for one ear or the other. You can wear a headphone in one ear but not both.
NO open alcoholic containers in the car, period. Neither the driver nor the passenger can have an open alcoholic beverage.
NO part of your tag can be obstructed from view. Tag frames and tinted covering of tags that obstruct any portion of the tag are illegal in Georgia. Don’t get pulled over for something as silly as concealing your tag.
You can get a DUI on a horse. Yes, a horse. Bicycles, utility carts, golf carts, tractors, lawnmowers, horses and other things that transport you are classified as vehicles for certain purposes in Georgia. Law enforcement officers in Georgia have arrested people for DUI while driving all of these items. It will be interesting to see if “hoverboards” and Segway type devices will be classified as vehicles for DUI purposes.
If it is raining and you don’t have your headlights on, you are breaking the law. Georgia law requires car headlights to be turned on when it’s raining. Drivers must turn on headlights when driving in the rain. Having automatic lights that don’t turn on during a storm is not a defense; ensure that you manually turn them on each time it rains.
If all the traffic lights go out at an intersection, the law requires drivers to treat it as a four-way stop. Please be aware of this requirement during this stormy time of year.
Finally, and most importantly, IT IS ILLEGAL TO TEXT OR DO ANYTHING ELSE WITH A MOBILE PHONE WHILE DRIVING A VEHICLE OTHER THAN MAKING OR RECEIVING A CALL – EVEN IF THE CAR IS STOPPED. Understand this, a driver cannot use any wireless communications device to write, send, or read any text based communication, including but not limited to a text message, instant message, e-mail, social media platform, or any other internet data unless legally parked off the roadway. PS- Watch out! In other states, such as California, it is illegal to answer or make phone calls with a handheld device… meaning you must use a Bluetooth or hands-free device only.

Remember, if you are charged with a crime or asked to meet with school administrators about alleged crimes, it is essential that you hire an attorney who can provide you with a powerful defense and protect your future. Kim Stephens defends people every day against false or inflated accusations, winning in court, and preventing incidents from impacting his clients’ lives. He is a nationally recognized defense attorney and has successfully litigated hundreds of cases.

Athens Criminal Defense and Family Law Firm Move to Prince Avenue

Mon, 12 Feb 2018 00:00:00 GMT

New Office Location

Athens Criminal Defense and Family Law firm, Stephens and Brown, has moved.

We are now settled in our new location at the corner of Prince and King. 1143 Prince Avenue has undergone extensive renovations, and has been lovingly restored to its former glory. We are just waiting for our sign to be completed– the one in the picture here is temporary.

Criminal defense attorney, Kim T. Stephens and family law attorney Michael S. Brown are ready to help clients with all of their criminal defense and family law needs.

Have you been arrested? Charged with a misdemeanor or felony? If you are facing criminal charges of any kind, call nationally recognized criminal defense attorney Kim T. Stephens today. Kim Stephens ranks as one of the most accomplished trial lawyers and attorneys in the state of Georgia. With more than twenty-four years of experience in litigation, he has successfully resolved numerous high profile cases, defending professional and college athletes, doctors, police officers, and teachers charged with crimes ranging from misdemeanors to serious felony crimes.

Are you facing a divorce? Dealing with a child custody or support modification? If so, call Michael S. Brown today so he can fight for your future. Divorce attorney, Michael Brown, is one of Georgia’s most seasoned and skilled attorneys. With over twenty-four years of experience, Michael has successfully handled hundreds of cases and has resolved numerous high end family law matters, custody disputes, juvenile matters, as well as negotiating multi-million dollar financial transactions.

Arrested for a Crime: Myth Busting: Part I

Wed, 07 Feb 2018 00:00:00 GMT

3 Common Misconceptions about Arrests and Criminal Defense

Have you been arrested and charged with a crime? Nationally ranked defense attorney Kim T. Stephens explains the truth behind many myths and preconceptions people have about arrests.

MYTH : If the police don’t read me my Miranda rights , my case will automatically be thrown out or dismissed .
TRUTH : You may be watching too much Law and Order! Contrary to popular misconception, the police are not required to advise a person of their Miranda rights (i.e. the right to remain silent and the right to have an attorney present) until a person has been detained or arrested . If the police fail to tell you your Miranda rights following a custodial arrest, any statements you make in response to police questioning or interrogation might be excluded from use at trial , but the case is still not likely to be thrown out or dismissed , although a good defense attorney will certainly try to leverage this omission to help resolve your case.
MYTH : If my friend has marijuana / cocaine / prescription pain pills / ecstasy / or any illegal drugs , while he or she is in my car or house, I can’t be arrested or charged by the police with possession since it isn’t mine .
TRUTH : Be wary of the company you keep. In Georgia, you can and are likely to be arrested and charged with possession of illegal drugs if drugs are found in your car, house, or in close proximity to you, even if the drugs belong to your friend or acquaintance. Don’t believe it? Case in point: I recently represented a young female UGA student—an honor student with close to a 4.0 GPA—who was a guest at a parent/student fraternity social at the Athens Classic Center . Her date, a good friend of hers, was approached by the police and arrested for cocaine possession after an officer serving as a security guard saw him snorting a white powder. Our client was also arrested based solely on the fact that she was standing beside her date at the time. Even worse, the local newspaper put the young lady’s picture on the front page with a headline announcing she had been arrested for possession of cocaine. After investigating the case, I convinced the prosecutors in the Athens -Clarke County District Attorney’s Office to dismiss all charges against the young lady, but the emotional trauma and expense of simply being charged was extraordinarily difficult on her and her family. Be aware that if you are spending time with people who are involved in illegal activity, you may be arrested just for your proximity to those people, even if you aren’t directly involved in the crime.
MYTH : I will never be arrested because I am a good person and would never violate the law. Or, my son or daughter will never be arrested because he/she is a good person and would never violate the law.
TRUTH : Almost all of my clients are good people . In fact, a portion of my clients are falsely accused . Some have done something that does violate a law, but the police and prosecutors have over-charged or inflated the charges to be bigger than they should be. Some people have simply made bad decisions or found themselves in unfortunate circumstances . In reality, these circumstances could happen to anyone since everyone makes some sort of bad decision at some point in their life. At Stephens & Brown , we begin each case believing our clients are good people and treat them with respect throughout our representation. We seek to achieve the very best possible result in each case.

Remember, if you are charged with a crime or asked to meet with school administrators about alleged crimes, it is essential that you hire an attorney who can provide you with a powerful defense and protect your future. Kim Stephens defends people every day against false or inflated accusations, winning in court, and preventing incidents from impacting his clients’ lives. He is a nationally ranked defense attorney and has successfully litigated hundreds of cases.

Legal Advice for Students from Criminal Defense Lawyer Kim T. Stephens

Mon, 14 Aug 2017 00:00:00 GMT

Legal Advice for Students:

Students should be aware of the following state laws and local ordinances:

State laws and local ordinances :

Athens has an open container ordinance, meaning it is illegal to consume alcoholic beverages outside in public spaces, even just outside of some bars and restaurants. The local police enforce the open container law year round, even on football game days on and off campus.
Athens has a noise ordinance and excessive noise at any residence may result in police coming to your residence and attempting to question everyone who is there. If the police show up at your home because of a noise complaint, have someone who has not been drinking and/or is over 21 years of age meet the officers at the door and, above all else, be polite, cooperate and turn the noise down, i.e. lower the decibel level.
Littering violates state law and local ordinances and makes the community an uglier place. Instead of dropping cans, bottles or other trash on the ground or throwing them out the car window, pick up any trash you see and put it in the closest recycle or trash bin. You will feel good about yourself and will avoid unnecessary attention from the police.
If you drink alcohol and are under the age of twenty-one, you may be charged with Underage Possession of Alcohol, i.e. MIP , even if the police don’t perform any test to determine if you have been drinking. Local police departments in Athens recently changed their policy of arresting first time underage drinkers and branding them as criminals; but, the penalties and sentences in MIP cases can still be unduly harsh and burdensome and can result in you having a criminal record. Please don’t trust your friend’s expert advice just because he or she already had an MIP in Athens or somewhere else. You should always consult with an attorney before you go to court.
If you are under the age of twenty-one and drive any vehicle after consuming alcoholic beverages, you may be charged with DUI . Even if you are lucky enough to avoid a DUI charge, your driver’s license would likely be suspended if you are charged with MIP while driving. Don’t put yourself or others at risk. Walk (preferably with a friend so that you won’t be a good candidate for being robbed or mugged), call a sober friend, have a designated driver, take a cab, or let Uber help you.
If you are over the age of twenty-one and drive a vehicle (including bicycles, scooters, Segways, golf carts, horses, or any moving vehicle) with a blood alcohol level of .08, you will be charged with DUI in Athens. While television, radio and billboard advertisements call a DUI a $10,000.00 mistake, I know of a DUI conviction costing a person more than $200,000.00 because he lost his job, lost his company car, couldn’t find other work for over a year, almost lost his home, and suffered the more typical DUI I’ve also seen commercial drivers lose their licenses for a year and, for a second DUI, permanently lose their CDL, thus taking away their ability to work. These cases demonstrate the severe impact a DUI can have whether you are a college student or a working adult.
If you drive a vehicle improperly (speeding, failure to maintain lane, etc.) after consuming alcohol or using drugs , you may be charged with DUI less safe even if you refuse the breath or blood test. Often police officers will request that you take “a few tests” to determine if you are impaired. You are not required to take these field sobriety tests . Understand that police officers use the test to gather evidence against you, not to help you. So, in almost every circumstance, you should refuse to do field sobriety tests at the scene of your stop.

2016 Update: Recent Georgia and United States Supreme Court cases have called into question the legality of blood tests to determine DUIs without a valid search warrant.

2017 Update: Georgia law has been changed to allow a driver charged with DUI to elect to have an ignition interlock device placed on his or her car for 12 months to avoid a license suspension on a first DUI. Whether to accept this option or ask for an administrative hearing is a tricky question that should only be made after consulting an attorney. For more information, please see our blog titled, DUI Attorney Kim T. Stephens on New Georgia DUI Law 2017 .

If you are involved in a motor vehicle accident after consuming alcohol or drugs, you may be charged with crimes ranging from misdemeanor reckless driving to felony vehicular homicide . A conviction for vehicular homicide almost always results in many years of prison time though Stephens & Brown has successfully kept a person out of jail who caused the death of two elderly people after smoking marijuana. Just this year, attorney Kim T. Stephens successfully kept a client out of prison on a vehicular homicide charge resulting from a horrible wreck that killed the client’s husband. In this case, the client had 2 previous DUIs, 3 previous felony drug convictions, and drugs in her system at the time of the wreck. Don’t take a chance of killing someone, ruining your life, and devastating the lives of family members for you and the person you might injure or kill.
If you buy alcohol and provide it to someone under the age of twenty-one, you can be charged with providing alcohol to a minor . In addition to criminal sanctions, your driver’s license will be suspended if you are convicted of providing alcohol to a minor.
If you have sex with an individual under the influence of alcohol or drugs, you can be charged with rape , aggravated sexual battery , sexual battery , and other serious criminal charges, even if you were also intoxicated. Even more worrisome, students, particularly male students, are being recommended for expulsion by UGA and other colleges and universities based upon accusations of sexual misconduct where both students involved were under the influence of alcohol or drugs at the time, WITHOUT A HEARING to determine the truth of the accusation.

Academic Concerns :

While attending school in Athens, it is important to adhere to your college’s policies on academic honesty, appropriate behavior, and campus safety. Defense attorney, Kim Stephens , often represents students involved in student conduct hearings at UGA , and based on his years of experience with the student judiciary process, he advises incoming freshman and returning students to be particularly aware of the following:

Any knife having a blade over two inches—even a small fishing knife—is considered a weapon per state law and University of Georgia regulations and is not allowed on campus, including in the dorms. If you are found to be in possession of such a knife, you will likely be charged with a felony .
Plagiarism (using someone else’s ideas or words without proper citations) is considered a serious offense at the college level and can result in suspension or expulsion.
Sharing test information or prior tests is considered academic dishonesty and can result in suspension or expulsion.
If you are charged with a crime while attending college, and the college is made aware of the charge, they will hold a conduct hearing . The student judiciary has the power to suspend or expel you from the university EVEN IF the charges are dismissed or disproved.

Kim Stephens is familiar with the inner workings of the University of Georgia’s Offices of Student Conduct, Title IX, and Academic Dishonesty and provides students with professional advice, often enabling them to continue their studies at the university even after facing charges by the student judiciary. In multiple cases, Kim Stephens has successfully filed for a petition for a temporary protective order and injunction to prevent students charged with serious crimes (which are later disproven and dismissed) from being expelled. It is critical that students who find themselves facing a student conduct hearing seek professional advice to protect their future.

Traffic Laws Many Drivers Do Not Know Exist

Mon, 24 Jul 2017 00:00:00 GMT

Athens criminal defense attorney Kim T. Stephens discusses a few traffic laws that police say many drivers, especially young drivers and college students, probably do not know exist:

You can be pulled over for going the speed limit. Georgia law requires drivers in the left lane on a highway, interstate or expressway to move over if a faster car approaches from behind.
You must move over one lane not just for police cars, but also for assistance vehicles and garbage trucks. Under Georgia’s “Move-Over Law,” drivers must move over one lane for all types of emergency vehicles stopped on the side of the highway including police cars, HERO units, ambulances, firetrucks, and even garbage trucks. If heavy traffic will not allow you to move over, the law says you should slow down to 10 miles per hour below the speed limit.
It’s illegal to use the center lane to merge into traffic. The center “turn lane” cannot be legally used for any purposes except to make a left turn. Drivers must enter the center lane 300 feet or less from the location where they will turn left, per Georgia law.
You cannot wear headphones in both ears while driving. You can wear a headphone in one ear but not both.
Neither the driver nor the passenger can have an open alcoholic beverage.
No part of your tag can be obstructed from view. Tag frames and tinted covering of tags that obstruct any portion of the tag are illegal in Georgia.
Bicycles, utility carts, golf carts, tractors, lawnmowers, horses and other things that transport you are classified as vehicles for certain purposes in Georgia. Law enforcement officers in Georgia have arrested people for DUI while driving all of these items. It will be interesting to see if “hover boards” and Segway type devices will be classified as vehicles for DUI purposes.
Georgia law requires car headlights to be turned on when it’s raining. Drivers must turn on headlights when driving in the rain. Having automatic lights that don’t turn on during a storm is not a defense.
If all the traffic lights go out at an intersection, the law requires drivers to treat it as a four-way stop. Please be aware of this requirement during this stormy time of year.
Finally, and most importantly, IT IS ILLEGAL TO TEXT OR DO ANYTHING ELSE WITH A MOBILE PHONE WHILE DRIVING A VEHICLE OTHER THAN MAKING OR RECEIVING A CALL – EVEN IF THE CAR IS STOPPED. It is illegal for all drivers under 18 years old to use a cell phone in a moving vehicle for any reason. Understand this, a driver cannot use any wireless communications device to write, send, or read any text based communication, including but not limited to a text message, instant message, e-mail, social media platform, or any other internet data unless legally parked off the roadway.

DUI Attorney Kim T. Stephens on New Georgia DUI Law 2017

Mon, 10 Jul 2017 00:00:00 GMT

Criminal defense and DUI attorney Kim T. Stephens explains the new Georgia DUI law , effective July 1, 2017:

On July 1, 2017, Georgia began enforcing a new DUI ignition interlock law , the first on the books since 1999. Under the new Georgia DUI law, drivers arrested with a blood alcohol content of .15 or higher, and drivers who refuse a blood alcohol test will now have the option to install an ignition interlock device into their vehicle, instead of handing over their license. So, for Georgia DUI cases made on or after July 1, 2017, the limited permit lasts for 45 days, but electing to either follow the traditional Georgia DDS (GA DMV) appeal OR taking the ignition interlock device option must be exercised within “30 calendar days.” Only Georgia licensees, age 21 and over, arrested for their 1st DUI in 5 years in Georgia (absent other driver’s license issues like driving on a suspended license) can take advantage of this new choice.

For eligible motorists arrested for drunk driving, this additional option for seeking to lessen the harsh impact of not being allowed to drive after a DUI arrest is a welcomed alternative. It is not the best option for everyone, though, because it does have drawbacks like eliminating your right to file a DDS GA appeal of the driver’s license suspension. Stated differently, a driver must make an election within 30 days of his or her arrest to appeal the DDS GA license suspension OR to install the ignition interlock device for 1 full year, without regard to the outcome of the criminal DUI case.

For a myriad of reasons including the complexity and potential costs of making the wrong decision about whether to install the ignition interlock device after a 1st DUI arrest, call and retain criminal defense attorney Kim T. Stephens today so that he can explain to you the relationship between the criminal case for driving under the influence and the related DDS GA administrative license suspension aspect of the DUI in Georgia and help you make the right decisions during the first 30 days after arrest.

Criminal Defense Attorney Kim T. Stephens Discusses the Campus Carry Law

Mon, 08 May 2017 00:00:00 GMT

Criminal Defense Attorney Kim T. Stephens Discusses the Limitations to the Campus Carry Law

Effective July 1, 2017, licensed gun owners will be able to carry weapons on Georgia college and university campuses. Georgia joins Colorado, Utah, Wisconsin, Mississippi, Oregon, Texas, Idaho, Kansas (effective July 1, 2017), and Arkansas (effective September 15, 2017), who all already have campus carry laws in place. Criminal defense attorney, Kim T. Stephens cautions students and other individuals that that there are limitations to the campus carry law, and it’s important for students and others to know these limitations to avoid arrest and possible criminal prosecution.

Students are not allowed to have guns or ANY other type of weapon in university dormitories at any time. Students found in possession of a firearm or other weapon could be charged with a felony. Therefore, students who live on campus would not have a place to safely store a weapon, even if they are a licensed gun carrier.
The campus carry bill does NOT allow guns to be taken inside a fraternity or sorority house. Therefore, any student living at a fraternity or sorority house, could not keep a weapon on the property. Individuals violating this policy could be charged with a felony and/or a misdemeanor.
Firearms are also NOT allowed inside buildings, stadiums, or other facilities used for athletic events.
Firearms or weapons of any kind cannot be taken into any daycare or childcare facility, including those on university property.
Students and other individuals may not take firearms into faculty or administrative areas on campus, and may not take firearms or any other weapons to student judiciary hearings. Any person violating these restrictions may be charged with a felony.

Kim T. Stephens is a nationally ranked criminal defense attorney in Athens, Georgia. If you have been charged with a crime or are facing disciplinary action from a student judiciary board, call Kim Stephens today for professional advice and a powerful defense.

Kim T. Stephens on Title IX, Student Conduct, and Academic Dishonesty

Thu, 20 Apr 2017 00:00:00 GMT

Did you know that criminal defense attorney Kim T. Stephens represents individuals being investigated or punished by student judiciary boards at universities throughout Georgia?

In the last month, Mr. Stephens has obtained a temporary protective order to prevent a law student being suspended without due process from an Atlanta law school. This aggressive action on behalf of Mr. Stephens’ client kept the student in school, enabled him to take his exams, and earn credit for his semester’s work. Mr. Stephens also recently had an expulsion at UGA overturned and reduced to a suspension, again allowing the student concerned to return to school and complete their degree. The student’s relieved parent wrote the following review of Mr. Stephens’ services:
“I talked to a lot of attorneys when my college aged child was expelled for academic dishonesty and the appeal deadline was only days away. Kim Stephens was the only attorney willing to help. With his knowledge and experience, he was able to get the expulsion turned to suspension and my child was readmitted to UGA and will now be able to accomplish educational and career goals. Without him, that would not have happened. Thank you Mr. Stephens.”
If you, or your child, are facing an investigation or a hearing with the student judiciary at a college in Georgia, you need professional advice and a powerful defense.

Call Kim T. Stephens today and let him protect your future.

Tags: academic dishonesty , Student Judiciary , Title IX

NACDA Names Kim T. Stephens One of the Ten Best Criminal Defense Lawyers in the State of Georgia

Mon, 30 Jan 2017 00:00:00 GMT

National Academy of Criminal Defense Attorneys Names Kim T. Stephens one of the Ten Best Criminal Defense Lawyers in the State of Georgia

Stephens and Brown is proud to announce that Athens criminal defense attorney Kim T. Stephens has been selected to join the National Academy of Criminal Defense Attorneys (NACDA). NACDA has ranked Kim T. Stephens as one of the TOP TEN best criminal defense lawyers in the state of Georgia .
NACDA uses a thorough selection process to determine the best criminal defense lawyers in each state. With thousands of attorneys in each state, NACDA’s rigorous, independent selection process resolves the challenge of attorneys claiming to be “the best” without a basis for such claims. NACDA has vetted Kim T. Stephens and found him to be one of the best criminal defense lawyers in Georgia .
NACDA awards the top criminal defense lawyers in each state the honor of being named to the TOP 10 list. Less than 1% of attorneys nationally make this prestigious list. The attorneys, like partner Kim T. Stephens , who make the list have demonstrated an extraordinary amount of knowledge, skill, experience, expertise, and success in their practice of criminal defense .

Woman Dies from Injuries Suffered Saturday in Brunswick

Tue, 29 Nov 2016 00:00:00 GMT

Partner Kim T. Stephens coached Megan Twist on Westminster Christian Academy’s mock trial team, and his wife, Emma, taught Megan. Both Kim Stephens and his wife have worked with Megan’s sweet mother, Barbara, over the years. Our administrative assistant, Sarah, also went to school with Megan. Everyone at Stephens and Brown is devastated by the loss of this beautiful girl. We urge anyone with information about this tragedy to come forward and hope you will join us in praying faithfully for Megan’s family.

Woman dies from injuries suffered Saturday in Brunswick

Kim Stephens Discusses Common Misconceptions about Arrests

Mon, 03 Oct 2016 00:00:00 GMT

Athens defense attorney Kim Stephens discusses common myths about arrests and criminal defense . Kim Stephens is a nationally ranked defense attorney, and he has practiced criminal law in Athens for twenty four years.

Misconceptions About Arrests and Criminal Defense

MYTH : If the police don’t read me my Miranda rights , my case will automatically be thrown out or dismissed .
TRUTH : The police are not required to advise a person of their Miranda rights , i.e. the right to remain silent and the right to have an attorney present, until a person has been detained or arrested. If the police fail to tell you your Miranda rights following a custodial arrest, any statements you make in response to police questioning or interrogation might be excluded from use at trial, but the case is still not likely to be thrown out or dismissed, although a good defense attorney will certainly try to leverage this omission to help resolve your case.
MYTH : If my friend has marijuana / cocaine / prescription pain pills / ecstasy / or any illegal drugs , while he or she is in my car or house, I can’t be arrested or charged by the police with possession since it isn’t mine.
TRUTH : In Georgia, you can and are likely to be charged with possession of illegal drugs if drugs are found in your car, house, or in close proximity to you, even if the drugs belong to your friend or acquaintance. I represented a young female UGA student—an honor student with close to a 4.0 GPA—in the recent past who was a guest at a parent/student fraternity social at the Athens Classic Center . Her date, a good friend of hers, was approached by the police and arrested for cocaine possession after an officer serving as a security guard saw him snorting a white powder. Our client was also arrested based solely on the fact that she was standing beside her date at the time. Even worse, the local newspaper put the young lady’s picture on the front page with a headline announcing she had been arrested for possession of cocaine. After investigating the case, I convinced the prosecutors in the Athens Clarke County District Attorney’s Office to dismiss all charges against the young lady, but the emotional trauma and expense of simply being charged was extraordinarily difficult on her and her family. Be aware that if you are spending time with people who are involved in illegal activity, you may be arrested just for your proximity to those people, even if you aren’t directly involved in the crime.
MYTH : I (or my son or daughter) will never be arrested because I am/ they are a good person and would never violate the law.
FACT : Almost all of my clients are good people . Some of my clients are falsely accused . Some have done something that violates a law, but the police and prosecutors have over-charged or inflated the charges to be bigger than they should be. Some people have simply made bad decisions or found themselves in unfortunate circumstances . At Stephens & Brown , we begin each case believing our clients are good people and treat them with respect throughout our representation. We seek to achieve the very best possible result in each case.

Remember, if you are charged with a crime or asked to meet with school administrators about alleged crimes, it is essential that you hire an attorney who can provide you with a powerful defense and protect your future. Kim Stephens defends people every day against false or inflated accusations, winning in court, and preventing incidents from impacting his clients’ lives. He is a nationally ranked defense attorney and has successfully litigated hundreds of cases.

Tags: arrest , Athens Georgia defense attorney , drugs , Kim Stephens , Miranda Rights

Sex Crimes

Mon, 26 Sep 2016 00:00:00 GMT

Consent and Sex Crimes

Stephens & Brown , Athens Georgia’s premier DUI and criminal defense law firm , welcomes University of Georgia , University of North Georgia , Athens Technical College , and Piedmont College students back to Athens . Continuing in our series of blogs intended to help new and returning students in Athens understand and navigate the legal system, today’s blog will focus on consent and laws concerning sexual conduct, and sex crimes . If you have questions about academic concerns/ student conduct hearings , DUI laws or other local and state laws regarding alcohol consumption , you can access Student Legal Services Series 1: DUI here ; Series 2: Alcohol Laws and Local Ordinances, here ; and Series 3: Academic Concerns, here .

Remember, if you are charged with a crime or asked to meet with school administrators about alleged crimes, it is essential that you hire an attorney who can provide you with a powerful defense and protect your future. Kim Stephens defends students every day against false or inflated accusations, winning in court, and preventing incidents from impacting students’ education and lives beyond college. He is a nationally ranked defense attorney and has successfully litigated hundreds of cases.

Consent:

While in college and beyond, it is important to understand the meaning of consent as it relates to sexual activity in order to avoid hurting someone, committing sexual assault, and facing charges that could permanently impact your reputation, freedom, and well-being. The University of Georgia defines consent (via their EOO website) as “Words or actions that show a knowing and voluntary willingness to engage in mutually agreed-upon sexual activity. Consent cannot be gained by force, intimidation or coercion, by ignoring or acting in spite of objections of another, or by taking advantage of the incapacitation of another, where the respondent knows or reasonably should have known of such incapacitation…Past consent does not imply present or future consent. Silence or an absence of resistance does not imply consent. Minors under the age of 16 cannot legally consent under Georgia law.”

In other words, before engaging in sexual activity you need to be certain that:

The other person has clearly indicated that they want to have sex or engage in sexual acts with you. Remember you should NEVER attempt to coerce or convince an individual to do something they are unsure about or don’t want to do.
You have consent for each encounter. Just because a person has consented to sex previously does NOT mean that you have the right to engage in sexual activity without their ongoing and clear consent.
The other person is not intoxicated or under the influence of drugs. An intoxicated person, or a person who is incapacitated because of medication, CANNOT legally consent to sex or sexual activity.
That the person is over the age of sixteen. Remember that nobody under the age of 16 can consent to sexual activity. Even if you are only one or two years older than the individual and have a relationship with them, any sexual activity (including kissing) could still be considered a crime.

Sex Crimes:

You should be aware of the following laws and regulations regarding sexual activity in Georgia:

If you touch someone in a sexual manner without their consent—for example, slapping buttocks or touching intimate areas of their body—you can be charged with sex crime such as sexual battery or even aggravated sexual battery . See O.C.G.A. 16-6-22.1 and 16-6-22.2.
If you have sex with an individual under the influence of alcohol or drugs, you can be charged with rape , aggravated sexual battery , sexual battery , and other serious criminal charges, even if you were also intoxicated. See O.C.G.A. 16-6-1, 16-6-22.1 and 16-6-22.2.
If you have any kind of sexual contact with someone under the age of consent (16), you may be charged with child molestation , aggravated child molestation , statuary rape , sexual battery , aggravated sexual battery , and/or enticing a child for indecent purposes . See O.C.G.A. 16-6-3, 16-6-4, 16-6-22.1, 16-6-22.2 and 16-6-5.
Students, particularly male students, are being expelled by UGA and other colleges and universities based upon accusations of sexual misconduct , where both students involved were under the influence of alcohol or drugs at the time, WITHOUT A HEARING to determine the truth of the accusation.

Remember if you are accused of any crime involving sexual misconduct , it is vitally important that you hire an attorney to help you defend the accusations and protect your future.

Academic Dishonesty/Campus Rules

Wed, 24 Aug 2016 00:00:00 GMT

Student Legal Services Series 3: Academic Dishonesty/Campus Rules

Continuing in our series of blogs intended to help new and returning students in Athens understand and navigate the legal system, today’s blog will focus on Academic Dishonesty and Awareness of Campus Rules . If you have questions about DUI laws or other local and state laws regarding alcohol consumption , you can access Student Legal Services Series: DUI here and Series 2: Alcohol Laws and Local Ordinances here .

Remember, if you are charged with a crime or asked to meet with school administrators about alleged crimes, it is essential that you hire an attorney who can provide you with a powerful defense and protect your future. Kim Stephens defends students every day against false or inflated accusations, winning in court, and preventing incidents from impacting students’ education and lives beyond college. He is a nationally ranked defense attorney and has successfully litigated hundreds of cases.

Academic Concerns:

While attending school in Athens, it is important to adhere to your college’s policies on academic honesty, appropriate behavior, and campus safety. Defense attorney, Kim Stephens , often represents students involved in student conduct hearings at UGA , and based on his years of experience with the student judiciary process, he advises incoming freshman and returning students to be particularly aware of the following:

Any knife having a blade over two inches—even a small fishing knife—is considered a weapon per state law and University of Georgia regulations and is not allowed on campus, including in the dorms. If you are found to be in possession of such a knife, you will likely be charged with a felony .
Plagiarism (using someone else’s ideas or words without proper citations) is considered a serious offense at the college level and can result in suspension or expulsion.
Sharing test information or prior tests is considered academic dishonesty and can result in suspension or expulsion.
Online quizzes and tests are frequently monitored via webcam or other tracking devices and any attempt to use outside help can result in charges of academic dishonesty .

2016 Update: Defense attorney Kim Stephens has represented several students recently who were accused of academic dishonesty based solely on camera footage taken during online tests. The footage showed students simply turning their head frequently to the side while taking the test/quiz, from which the instructor deduced that the student was consulting either another electronic device or a person for help and consequently brought charges against them. Pay close attention to the rules for online assignments and do not put yourself in a position where your academic career is at risk.

If you are charged with any crime while attending college, and the college is made aware of the charge, they will hold a conduct hearing . The student judiciary has the power to suspend or expel you from the university EVEN IF the charges are dismissed or disproved.

Kim Stephens is familiar with the inner workings of the University of Georgia’s student judiciary and provides students with professional advice, often enabling them to continue their studies at the university even after facing charges by the student judiciary. In 2013, Kim Stephens successfully filed a petition for a temporary protective order and injunction which prevented a University of Georgia student charged with a serious crime (which was later disproven and dismissed) from being expelled. It is critical that students who find themselves facing a student conduct hearing seek professional advice to protect their future.

Student Legal Services Series 2: Alcohol Laws and Criminal Defense

Thu, 18 Aug 2016 00:00:00 GMT

Student Legal Services Series 2: Alcohol Laws and Local Ordinances

Continuing in our series of blogs intended to help new and returning students in Athens understand and navigate the legal system, today’s blog will focus on state laws and local ordinances, particularly those pertaining to the consumption of alcohol . If you missed last week’s blog on DUI laws and what to do if you’re stopped, you can access it here .

Remember, if you are charged with a crime or asked to meet with school administrators about alleged crimes, it is essential that you hire an attorney who can provide you with a powerful defense and protect your future. Kim Stephens defends students every day against false or inflated accusations, winning in court, and preventing incidents from impacting students’ education and lives beyond college. He is a nationally ranked defense attorney and has successfully litigated hundreds of cases.

Alcohol Laws and Local Ordinances:

Athens has an open container ordinance, meaning it is illegal to consume alcoholic beverages outside in public spaces, even just outside of some bars and restaurants. The local police enforce the open container law year round, even on football game days on and off campus.
Athens has a noise ordinance and excessive noise at any residence may result in police coming to your residence and attempting to question everyone who is there. If the police show up at your home because of a noise complaint, have someone who has not been drinking and/or is over 21 years of age meet the officers at the door and, above all else, be polite, cooperate and turn the noise down, i.e. lower the decibel level.
Littering violates state law and local ordinances and makes the community an uglier place. Instead of dropping cans, bottles or other trash on the ground or throwing them out the car window, pick up any trash you see and put it in the closest recycle or trash bin. You will feel good about yourself and will avoid unnecessary attention from the police.
If you drink alcohol and are under the age of twenty-one, you may be charged with Underage Possession of Alcohol, i.e. MIP , even if the police don’t perform any test to determine if you have been drinking. Local police departments in Athens changed their policy of arresting first time underage drinkers and branding them as criminals last year; but, police will arrest you and take you to jail if they can charge you with another crime, i.e. obstruction, public intoxication, possession of a fake ID, etc., at the same time. The penalties and sentences in MIP cases and these other types of misdemeanor cases can be unduly harsh and burdensome and can result in you having a criminal record. Please don’t trust your friend’s expert advice just because he or she already had an MIP in Athens or somewhere else. Every case is different. You should always consult with an attorney before you go to court.
If you are stopped and/or cited for MIP , local police will likely ask for or search for fake ID s and, if they find one, they will arrest you and take you to jail. In some cases, Athens and UGA police officers have charged students with felony forgery charges instead of the more appropriate misdemeanor charge of possession of a false or fictitious ID . Possession of a fake ID , even as a misdemeanor charge, can result in serious sanctions including suspension of your driver’s license.
If you urinate in public you are violating both state law and local ordinances. In addition to Public Urination , the police may also charge you with Public Indecency and will definitely check to see if you’ve been drinking. If you have consumed alcohol, they may then also charge you with an MIP and/or Public Drunkenness .
If you are a UGA student, the Honor Code contains specific punishment for violations of the Code that involve alcohol or drugs. Second time violations involving alcohol, even a violation as minor as an RA seeing beer in a dorm room refrigerator, can and often does result in suspension from UGA for a full year.

Student Legal Services Series 1: DUI

Wed, 10 Aug 2016 00:00:00 GMT

For the next several weeks our blog will focus on educating students about local laws and ordinances and helping them avoid legal problems and academic disputes.

Remember, if you are charged with a crime or asked to meet with school administrators about alleged crimes, it is essential that you hire an attorney who can provide you with a powerful defense and protect your future. Kim Stephens defends students every day against false or inflated accusations, winning in court, and preventing incidents from impacting students’ education and lives beyond college.

Student Legal Services Series 1:

DUI

If you are under the age of twenty-one and drive any vehicle after consuming alcoholic beverages (0.02 BAC or 1 alcoholic drink for most people), you may be charged with DUI . Even if you are lucky enough to avoid a DUI charge, your driver’s license would likely be suspended if you are charged with MIP while driving. Don’t put yourself or others at risk. Walk (preferably with a friend so that you won’t be a good candidate for being robbed or mugged), call a sober friend, have a designated driver, take a cab, or let Uber help you.
If you are over the age of twenty-one and drive a vehicle (including bicycles, scooters, Segways, golf carts, horses, or any moving vehicle) with a blood alcohol level of .08, you will be charged with DUI in Athens. While television, radio and billboard advertisements call a DUI a $10,000.00 mistake, I know of a DUI conviction costing a person more than $200,000.00 because he lost his job, lost his company car, couldn’t find other work for over a year, almost lost his home, and suffered the more typical DUI I’ve also seen commercial drivers lose their licenses for a year or, for a second DUI permanently taking away their ability to work. These cases demonstrate the severe impact a DUI can have whether you are a college student or a working adult.
If you drive a vehicle improperly (speeding, failure to maintain lane, etc.) after consuming alcohol or using drugs , you may be charged with DUI less safe even if you refuse the breath or blood test. Often police officers will request that you take “a few tests” to determine if you are impaired. You are not required to take these field sobriety tests . Understand that police officers use the test to gather evidence against you, not to help you. So, in almost every circumstance, you should refuse to do field sobriety tests at the scene of your stop.

2016 Update: Recent Georgia and United States Supreme Court cases have called into question the legality of blood tests to determine blood alcohol level in DUI cases without a valid search warrant.

If you are involved in a motor vehicle accident after consuming alcohol or drugs, you may be charged with crimes ranging from misdemeanor reckless driving to felony vehicular homicide . A conviction for vehicular homicide almost always results in many years of prison time though Stephens & Brown has successfully kept clients out of jail in these serious cases including one client recently who caused the death of two elderly people after smoking marijuana. Don’t take a chance of killing someone, ruining your life, and devastating the lives of family members for you and the person you might injure or kill.

Sheriff Scott Berry

Mon, 23 May 2016 00:00:00 GMT

I don’t usually get involved with politics, but tomorrow is the election for the Oconee County Sheriff, and I do have something to say on this subject.

A few months ago, a teaching colleague of my wife—and family friend —was involved in a serious automobile accident just a few minutes away from the school in Oconee County where she teaches. Amy and her two daughters were transported by ambulance to Athens Regional Hospital, where my wife and I met them a few minutes after their arrival. We spent a frightening and emotional two hours at Athens Regional before Amy’s youngest daughter, who sustained life-threatening injuries, was life flighted to Atlanta. During that two hours, Sheriff Scott Berry came to the hospital to check on Amy and her daughters, reassuring Amy that the driver of the other vehicle was uninjured and telling her that he was there because he cared for her and her family, and he wanted to help in any way he could.

My wife drove with Amy, and Amy’s family, to Atlanta. While in Atlanta at the children’s hospital, Amy realized that she needed some things from her car. I drove to the junkyard where they had towed the car, but it was deserted, and I couldn’t get in. I called Sheriff Berry, who immediately offered to go to the junkyard and get whatever Amy needed. He did so and brought Amy’s belongings to me, so I could return them to her.

Sheriff Berry’s kindness did not end there. Amy and her husband stayed in Atlanta at the hospital with their daughter, and at some point, Amy realized that her eye glasses were still in the car. My wife called Sheriff Berry and asked if he had seen Amy’s glasses. Sheriff Berry went back to the car and looked again but was unable to find the glasses. The sheriff called my wife to tell her, and knowing that Amy could not leave her daughter, asked for her eye prescription, telling my wife that he would get Amy some new glasses. Just for context, Sheriff Berry had never met Amy before the day of her accident, yet he was willing to go out of his way to help her, even volunteering to get a prescription filled for new glasses, so she wouldn’t have to worry. As my wife said on that day, “What an incredible servant leader.”

Perhaps going to the hospital to check on Amy and her daughters would have been the routine practice of many sheriffs’ offices, but I believe the kindness and compassion Sheriff Berry showed while he was at the hospital was not routine. Certainly, his continued “behind the scenes” kindnesses that no one other than my wife, myself, and Amy’s family witnessed were not common. His repeated trips to the junkyard and his offer to buy Amy new glasses reflect both his deep commitment to the people of the county that he serves and his character.

Sheriff Berry is a good man, a skilled law enforcement officer and administrator, and he is passionately committed to keeping Oconee County a safe place to live and work.

I can think of no man who would better serve Oconee County as Sheriff than Scott Berry.

St. Patrick’s Day Reminders from Criminal Defense Attorney, Kim T. Stephens

Thu, 17 Mar 2016 00:00:00 GMT

Happy St. Patrick’s Day from the attorneys and staff at Stephens and Brown. Criminal defense attorney, Kim T. Stephens , urges students and others celebrating tonight to remember the following laws and ordinances while having fun in Athens tonight.

State laws and local ordinances:

a) Athens has an open container ordinance, meaning it is illegal to consume alcoholic beverages outside in public spaces, even just outside of some bars and restaurants. The local police enforce the open container law year round.

b) Athens has a noise ordinance and excessive noise at any residence may result in police coming to your residence and attempting to question everyone who is there. If the police show up at your home because of a noise complaint, have someone who has not been drinking and/or is over 21 years of age meet the officers at the door and, above all else, be polite, cooperate and turn the noise down, i.e. lower the decibel level.

c) Littering violates state law and local ordinances and makes the community an uglier place. Instead of dropping cans, bottles or other trash on the ground or throwing them out the car window, pick up any trash you see and put it in the closest recycle or trash bin. You will feel good about yourself and will avoid unnecessary attention from the police.

d) If you drink alcohol and are under the age of twenty-one, you may be charged with Underage Possession of Alcohol, i.e. MIP, even if the police don’t perform any test to determine if you have been drinking. Local police departments in Athens recently changed their policy of arresting first time underage drinkers and branding them as criminals; but, the penalties and sentences in MIP cases can still be unduly harsh and burdensome and can result in you having a criminal record. Please don’t trust your friend’s expert advice just because he or she already had an MIP in Athens or somewhere else. You should always consult with an attorney before you go to court.

e) If you are under the age of twenty-one and drive any vehicle after consuming alcoholic beverages, you may be charged with DUI. Even if you are lucky enough to avoid a DUI charge, your driver’s license would likely be suspended if you are charged with MIP while driving. Don’t put yourself or others at risk. Walk (preferably with a friend so that you won’t be a good candidate for being robbed or mugged), call a sober friend, have a designated driver, take a cab, or let Uber help you.

f) If you are over the age of twenty-one and drive a vehicle (including bicycles, scooters, Segways, golf carts, horses, or any moving vehicle) with a blood alcohol level of .08, you will be charged with DUI in Athens. While television, radio and billboard advertisements call a DUI a $10,000.00 mistake, I know of a DUI conviction costing a person more than $200,000.00 because he lost his job, lost his company car, couldn’t find other work for over a year, almost lost his home, and suffered the more typical DUI penalties. I’ve also seen commercial drivers lose their licenses for a year or, for a second DUI permanently taking away their ability to work. These cases demonstrate the severe impact a DUI can have whether you are a college student or a working adult.
g) If you drive a vehicle improperly (speeding, failure to maintain lane, etc.) after consuming alcohol or using drugs, you may be charged with DUI less safe even if you refuse the breath or blood test. Often police officers will request that you take “a few tests” to determine if you are impaired. You are not required to take these field sobriety tests. Understand that police officers use the test to gather evidence against you, not to help you. So, in almost every circumstance, you should refuse to do field sobriety tests at the scene of your stop.

h) If you are involved in a motor vehicle accident after consuming alcohol or drugs, you may be charged with crimes ranging from misdemeanor reckless driving to felony vehicular homicide. A conviction for vehicular homicide almost always results in many years of prison time though Stephens & Brown has successfully kept a person out of jail in the last few months who caused the death of two elderly people after smoking marijuana. Don’t take a chance of killing someone, ruining your life, and devastating the lives of family members for you and the person you might injure or kill.

i) If you buy alcohol and provide it to someone under the age of twenty-one, you can be charged with providing alcohol to a minor. In addition to criminal sanctions, your driver’s license will be suspended if you are convicted of providing alcohol to a minor.

j) If you have sex with an individual under the influence of alcohol or drugs, you can be charged with rape, aggravated sexual battery, sexual battery, and other serious criminal charges, even if you were also intoxicated. Even more worrisome, students, particularly male students, are being expelled by UGA and other colleges and universities based upon accusations of sexual misconduct where both students involved were under the influence of alcohol or drugs at the time, WITHOUT A HEARING to determine the truth of the accusation.

Remember, if you are charged with a crime or asked to meet with school administrators about alleged crimes, it is essential that you hire an attorney who can provide you with a powerful defense and protect your future. Kim Stephens defends students, teachers, athletes, and other citizens every day against false or inflated accusations, winning in court, and preventing incidents from impacting the lives of his clients.

Legal Advice for Widespread Panic Fans

Tue, 09 Feb 2016 00:00:00 GMT

Stephens & Brown , Athens Georgia’s premier DUI and criminal defense law firm , welcomes Widespread Panic fans to Athens, Georgia. Criminal defense attorney Kim Stephens encourages all fans to enjoy the music, to have fun, but also to remain vigilant and safe to avoid being hurt or being arrested and forever branded as a criminal.

Fans should be aware of the following:

State laws and local ordinances :

Littering violates state law and local ordinances and makes the community an uglier place. Instead of dropping cans, bottles or other trash on the ground or throwing them out the car window, pick up any trash you see and put it in the closest recycle or trash bin. You will feel good about yourself and will avoid unnecessary attention from the police.
If you drink alcohol and are under the age of twenty-one, you may be charged with Underage Possession of Alcohol, i.e. MIP , even if the police don’t perform any test to determine if you have been drinking. Local police departments in Athens recently changed their policy of arresting first time underage drinkers and branding them as criminals, instead issuing citations to the alleged offender; but, the penalties and sentences in MIP cases can still be unduly harsh and burdensome and can result in you having a criminal record.
If you are under the age of twenty-one and drive any vehicle after consuming alcoholic beverages, you may be charged with DUI . Even if you are lucky enough to avoid a DUI charge, your driver’s license would likely be suspended if you are charged with MIP while driving. Don’t put yourself or others at risk. Walk (preferably with a friend so that you won’t be a good candidate for being robbed or mugged), call a sober friend, have a designated driver, take a cab, or let Uber help you.
If you are over the age of twenty-one and drive a vehicle (including bicycles, scooters, Segways, golf carts, horses, or any moving vehicle) with a blood alcohol level of .08, you will be charged with DUI in Athens. While television, radio and billboard advertisements call a DUI a $10,000.00 mistake, I know of a DUI conviction costing a person more than $200,000.00 because he lost his job, lost his company car, couldn’t find other work for over a year, almost lost his home, along with suffering the more typical DUI I’ve also seen commercial drivers lose their licenses for a year or, for a second DUI permanently taking away their ability to work. These cases demonstrate the severe impact a DUI can have whether you are a college student or a working adult.
If you drive a vehicle improperly (speeding, failure to maintain lane, etc.) after consuming alcohol or using drugs , you may be charged with DUI less safe even if you refuse the breath or blood test. Often police officers will request that you take “a few tests” called field sobriety tests (these are not the same as the breathalyzer test that they will ask you to take after they arrest you) to determine if you are impaired. You are not required to take these field sobriety tests. Understand that police officers use the test to gather evidence against you, not to help you. So, in almost every circumstance, you should refuse to do these voluntary field sobriety tests at the scene of your stop.
If you are involved in a motor vehicle accident after consuming alcohol or drugs, you may be charged with crimes ranging from misdemeanor reckless driving to felony vehicular homicide . A conviction for vehicular homicide almost always results in many years of prison time. Don’t take a chance of killing someone, ruining your life, and devastating the lives of family members for you and the person you might injure or kill.
If you buy alcohol and provide it to someone under the age of twenty-one, you can be charged with providing alcohol to a minor . In addition to criminal sanctions, your driver’s license will be suspended if you are convicted of providing alcohol to a minor.
If you have sex with an individual under the influence of alcohol or drugs, you can be charged with rape , aggravated sexual battery , sexual battery , and other serious criminal offenses, even if you were also intoxicated. Even more worrisome, students, particularly male students, are being expelled by UGA and other colleges and universities based upon accusations of sexual misconduct where both students involved were under the influence of alcohol or drugs at the time, WITHOUT A HEARING to determine the truth of the accusation.

Remember, if you are arrested and charged with a crime, it is essential that you hire an attorney who can provide you with a powerful defense and protect your future. Kim Stephens defends individuals every day, winning in court, and arrests from having negative long-term consequences.

Mental Health and Criminal Justice

Tue, 19 Jan 2016 00:00:00 GMT

Lately, I have received a number of calls from families needing representation for a loved one who is suffering from some level of mental illness and was arrested after the family called for help during an episode. From dementia to schizophrenia, there are many illnesses which affect the mind as well as the body and cause people to behave in ways that are not only contrary to their true nature but also potentially pose a risk to those around them, and it has come to my attention, more than ever in recent months, that the resources for families suffering in this way are few, even for those with health insurance and access to medical care.

One layer of the problem is that individuals in the grip of dementia, addiction, schizophrenia, or psychosis rarely recognize that they are ill and need help. The very nature of their illness prevents them from seeing their situation accurately, so they resist the attempts by family and friends to get help. When their illness causes them to become disruptive or violent, spouses, partners, children, parents, have very few options open to them. Often, they call the police. The police respond, but they too have limited resources for dealing with crises that result from mental health problems, and the end result of a 911 call is usually an arrest, which does not help the person suffering and results in additional expenses and burdens for their family. This is not a criticism of law enforcement who are usually doing everything within their power to keep people safe, but they are not trained mental health professionals, and therefore cannot be expected to perform medical diagnosis when responding to a call.

The following are resources/options open to people who believe a loved one is suffering from mental health problems:

Any medical doctor can sign an involuntary committal order for an individual the doctor feels is suffering from mental illness. The problem here is that often people can maintain a façade of wellness for a short amount of time, e.g. the fifteen minutes spent at a doctor’s office, so even when a loved one manages to get them to a doctor, often there is not sufficient evidence for the doctor to sign an involuntary committal order.
Family can file paperwork for an involuntary committal, and under certain circumstances, a judge of superior or probate court can order involuntary treatment for people proved to be suffering from mental illness or addiction. Unfortunately, many people don’t feel comfortable with this kind of paperwork and cannot afford to hire an attorney to help them. Even if they overcome this obstacle, proving the illness can be difficult, and this type of action can really affect relationships within the family.
In crisis situations the law allows a judge to order a person to be apprehended by law enforcement on the basis of a two-party affidavit and delivered to a hospital for diagnosis by medical personal to determine whether treatment is necessary. Again, this process could be intimidating to some people, and even for those who would feel confidant or comfortable utilizing this measure, during a crisis there would rarely be time to complete affidavits and contact judges.
If a police officer observes a crime being committed by a person the officer reasonably believes is mentally ill and in need of treatment, the officer has the discretion to take the person to be evaluated instead of arresting him/her. My experience has been that this rarely happens, even when the family states that they believe their loved one is suffering from mental illness. This is not a failing on the part of law enforcement, but rather reflects a lack of awareness and/or training in mental health.

Even when any of the above measures are successfully taken, it is extraordinarily difficult for the treating facility to detain an individual without their consent. The patient can/will only be detained for up to five days, unless the chief medical officer submits a petition to the appropriate court supported by two independent medical doctors or one doctor and one psychologist recommending involuntary inpatient treatment. This rarely happens, even for people suffering from severe mental illness. The root of this reluctance to involuntarily commit people on the word of their relatives stems from a time when people abused the system to rid themselves of unwanted/unruly children, spouses, relatives. This is a very real concern and not a system we would ever want to revive. However, the current system does not work and does not provide adequate support for those suffering from mental illness or the loved ones who are trying to take care of them.

I am not a supporter of big government, and I rarely advocate for more governmental control, but the mental health system in our great country needs reimagining, revising, reworking. We need to be more aware that people are truly suffering, often in poverty, often isolated, often lonely, and increasingly desperate. Providing support for these people and their families is not only the right thing to do, it would also make our society safer. A large part of my law practice is criminal defense, thus a significant portion of my income depends on people being arrested and charged with crimes; I would welcome, however, the day that families and individuals affected by mental illness can avoid criminal charges by getting appropriate help for their condition before their illness leads to arrest.

Kim T. Stephens

Honoring Veterans

Wed, 11 Nov 2015 00:00:00 GMT

Happy Veteran’s Day to all those who are currently serving or have served our country. Your sacrifice and the sacrifice of your families is a debt too great to ever repay. We thank you, honor you, and keep you in our prayers daily. At Stephens and Brown today, we are paying tribute to a former client and friend– First Sergeant Ray L. Kinney. We hope you will take a minute to read Sgt. Kinney’s story. He is a remarkable man, and we are proud to know him.

First Sergeant Ray Kinney is the First Sergeant for Bravo Troop 1- 108th CAV R&S Squadron. He enlisted in the Army Reserves in 1994 as a Ground Surveillance Radar Operator (96R) in the 320th MICO where he served for two years. Following the deactivation of the 320th MICO he transferred to the 248th MICO 48th BDE Georgia Army National Guard where he finished out his first enlistment. First Sergeant Kinney re-enlisted at the completion of his first term of service and transitioned into the 648th Engineer Battalion as a Combat Engineer (12B) in Statesboro, GA.

First Sergeant Kinney mobilized and deployed to S.W. Asia (IRAQ) in 2004 as a team leader in Alpha Company 648th EN (Sapper), 48th Brigade Combat Team, in support of Operation Iraqi Freedom III. He conducted combat operations throughout Iraq in and around the Sunni Triangle as a Combat Engineer executing route clearance and counter IED operations. Following redeployment from Iraq, First Sergeant Kinney was assigned as Senior Engineer Sergeant from late 2006-2007 to HHC BDE 48th BDE Combat Team in Macon, GA as a Staff Sergeant until the end of his enlistment. In 2008 First Sergeant Kinney re-enlisted in 3-108th R&S Squadron as an 11B assigned to H Co 1-121st INF LRS as a team leader. While there First Sergeant Kinney coordinated numerous airborne missions, stood up the first ever SCUBA insertion team, resourced and executed the Combat Tactical tracking Operations course, and was instrumental in dedicating 1SG John D Blair Drop Zone at Catoosa Training Center in Ringgold, GA. Upon Completion of his ADOS time in 3-108th First Sergeant Kinney accepted an ADOS position with the South Carolina National Guard as a Warrior Leader Course Instructor at Eastover South Carolina 218th Non Commissioned Officer Academy. First Sergeant Kinney returned to the Georgia Army National Guard after receiving a Federal Technician Job with 3-108th CAV back in the Assistant S-3 capacity. Shortly after returning to 3rd Squadron First Sergeant Kinney was awarded an AGR position with Bravo Troop 3-108th CAV and was promoted within that troop as the Readiness Non Commissioned Officer. During his time in Bravo Troop First Sergeant Kinney deployed to Kosovo for Operation Enduring Freedom KFOR and served as the Multi-National Task Force S3 NCOIC for the Liaison Monitoring Teams. First Sergeant Kinney is a graduate of Warrior Leaders Course (Distinguished Honor Graduate/Outstanding Leadership Award, Commandants List), Advanced Leadership Course, Maneuver Senior Leadership Course (Honor Graduate), First Sergeant Course, Army Mountain Warfare School, Airborne School, Air Assault School, Tactical Tracking Operations School, Army Combatives Level 1, Readiness NCO Course (PEC), Army Basic Instructors Course, Small Group Instructor Course. 1SG Kinney has also attended the U.S. Army Military Intelligence School (96R), U.S. Army Infantry School (11B), U.S. Army Combat Engineer School (12B), U.S. Army Cavalry School (19D).

His awards and decorations include: Armed Forces Reserve Medal with “M” Device and 10 year Bronze Hourglass, Army Commendation Medal with “V” Device, Army Commendation Medal, Army Achievement Medal (4th Award), Army Reserve Components Achievement Medal (4th Award), National Defense Service Medal with Bronze Star, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Kosovo Campaign Medal, Iraq Campaign Medal with Campaign Star, Army Service Ribbon, Overseas Service Ribbon (2nd Award), NATO Medal, Parachutist Badge, Combat Action Badge, Driver and Mechanic Badge with Driver-Wheeled Vehicle Clasp, German Army Marksmanship Badge Gold, NCO Badge with Roman Numeral 3, Parachutist badge, Australian Parachutist Badge, Brazilian Parachutist Badge, Air Assault Badge, Order of St. George Medallion, 3-108th Cavalry Regimental Affiliation.

First Sergeant Kinney currently serves as the 1-108th Squadron Operations NCOIC / B TRP First Sergeant.

He resides in Woodstock, Georgia with his wife Dayna, their three sons, Kainen, Bo, and Luke.

Tips For UGA Students Going To 2015 Georgia – Florida Game

Fri, 30 Oct 2015 00:00:00 GMT

If you are a UGA student going to the Georgia Florida game this weekend, please keep these important tips in mind to avoid trouble or possible arrest:

On your way to and from the game, the Georgia State Patrol, county sheriff departments and local police agencies will be out in full force watching for speeders, drunk drivers, expired tags, improper passing, reckless driving, even tag and tail light violations. Road blocks are likely to be set up as well. BE CAREFUL!
Do not drink and drive. Even if your entire group of friends is over 21, always have a designated driver.
If you do get stopped for any reason, politely provide your driver’s license to law enforcement officers. If asked to take field sobriety tests, though, just say “No.” In other words, do not agree to take the walk and turn test, HGN (following the officer’s finger or flashlight), one leg stand, or any other test at the scene of the stop unless you are completely sober with no alcohol or drugs in your system.
If you are under 21, you cannot drink or possess alcohol. Glynn County and other law enforcement officers will be closely watching the beach this year looking for any reason to cite or arrest underage drinkers.
Do not urinate in public, even if you believe you are out of sight. Local police may arrest you not just for public urination but also for public indecency if you are spotted.
Stay with a friend always. Too many students have died over the years because they became intoxicated and had an accident, including overdosing, falling off parking decks and balconies, etc. A friend can save your life.
Remember the “Amnesty Law.” Whether you are the person suffering from alcohol or drug poisoning or it is your friend or someone else, Georgia and Florida laws grant you amnesty if you seek medical help or call 9-1-1. You should not be arrested if you “do the right thing.”
You cannot possess any drugs if you don’t have a prescription for them. Even one pill in your pocket without a prescription will result in a felony charge against you if found.
Possession of marijuana is not legal in Georgia or Florida.
Do not draw attention to yourself by being too loud, rude, arguing or fighting.
Glass containers are prohibited on the beach. Plastic containers and cups are also prohibited if they are “likely to splinter into sharp pieces.” Local law enforcement may use this ordinance as a reason to question college students.
You cannot drive a motor vehicle of any kind on the beach.
You cannot store or leave anything on the beach overnight. This prohibition includes boats, motorized vehicles, tents, coolers, etc.
Do not build a fire. If you do, you will get burned by local law enforcement.
You cannot sell anything, legal or otherwise, without a permit. Obviously, you won’t be able to get a permit to sell illegal products.

Don’t have sex with someone if they are intoxicated. The law says they cannot consent, and you may be arrested for rape and risk decades in prison.

Kim T. Stephens on ESPN Discussing Criminal Defense, Due Process, and Jonathon Taylor

Mon, 21 Sep 2015 00:00:00 GMT

Criminal defense attorney Kim T. Stephens was featured on an ESPN Outside the Lines special this weekend. During the interview, Stephens discusses the need for due process when student athletes, or regular students, are charged with a crime . In the video excerpt below Stephens is featured at the 3:25 and 4:25 marks in the video. Stephens and Brown will post the full interview once ESPN makes it available.

http://espn.go.com/espn/otl/story/_/id/13684416/georgia-bulldogs-sent-alabama-crimson-tide-officials-documents-related-assault-case-involving-jonathan-taylor

“Taylor’s attorney, Kim Stephens , said there is the potential for people to be treated unfairly under the new SEC rule if a case has not been adjudicated yet: “If a person commits domestic violence, if a person commits sexual misconduct, certainly they don’t need to be playing at any SEC school or any other school for that matter, they need to be punished in the courts and, if appropriate, incarcerated. But there needs to be due process, there needs to be fundamental fairness.”

Student Judiciary Advice from Kim Stephens

Tue, 01 Sep 2015 00:00:00 GMT

Academic Concerns:

While attending school in Athens, Georgia, it is important to adhere to your college’s policies on academic honesty, appropriate behavior, and campus safety. Defense attorney, Kim Stephens , often represents students involved in judiciary hearings at UGA , and based on his years of experience with the student judiciary process, he advises incoming freshman and returning students to be particularly aware of the following:

Any knife having a blade over two inches—even a small fishing knife—is considered a weapon per state law and University of Georgia regulations and is not allowed on campus, including in the dorms. If you are found to be in possession of such a knife, you will likely be charged with a felony .
Plagiarism (using someone else’s ideas or words without proper citations) is considered a serious offense at the college level and can result in suspension or expulsion.
Sharing test information or prior tests is considered academic dishonesty and can result in suspension or expulsion.
If you are charged with a crime while attending college, and the college is made aware of the charge, they will hold a conduct hearing . The student judiciary has the power to suspend or expel you from the university EVEN IF the charges are dismissed or disproved.

Legal Advice for Students from Criminal Defense Attorney Kim T. Stephens

Mon, 24 Aug 2015 00:00:00 GMT

Stephens & Brown , Athens Georgia’s premier DUI and criminal defense law firm , welcomes University of Georgia , University of North Georgia , Athens Technical College , and Piedmont College students back to Athens, Georgia. The fall is an exciting time in Athens, with students returning to the city, and football season just around the corner. Former Bulldog All-American and criminal defense attorney Kim Stephens encourages incoming students to study, work hard, have fun, and be careful to avoid being arrested and forever branded as a criminal.

State Laws and Local Ordinances:

Athens, Georgia has an open container ordinance, meaning it is illegal to consume alcoholic beverages outside in public spaces, even just outside of some bars and restaurants. The local police enforce the open container law year round, even on football game days on and off campus.
Athens, Georgia has a noise ordinance and excessive noise at any residence may result in police coming to your residence and attempting to question everyone who is there. If the police show up at your home because of a noise complaint, have someone who has not been drinking and/or is over 21 years of age meet the officers at the door and, above all else, be polite, cooperate and turn the noise down, i.e. lower the decibel level.
Littering violates state law and local ordinances and makes the community an uglier place. Instead of dropping cans, bottles or other trash on the ground or throwing them out the car window, pick up any trash you see and put it in the closest recycle or trash bin. You will feel good about yourself and will avoid unnecessary attention from the police.
If you drink alcohol and are under the age of twenty-one, you may be charged with Underage Possession of Alcohol, i.e. MIP , even if the police don’t perform any test to determine if you have been drinking. Local police departments in Athens recently changed their policy of arresting first time underage drinkers and branding them as criminals, instead issuing citations to the alleged offender; but, the penalties and sentences in MIP cases can still be unduly harsh and burdensome and can result in you having a criminal record. Please don’t trust your friend’s expert advice just because he or she already had an MIP in Athens or somewhere else. You should always consult with an attorney before you go to court.
If you are under the age of twenty-one and drive any vehicle after consuming alcoholic beverages, you may be charged with DUI . Even if you are lucky enough to avoid a DUI charge, your driver’s license would likely be suspended if you are charged with MIP while driving. Don’t put yourself or others at risk. Walk (preferably with a friend so that you won’t be a good candidate for being robbed or mugged), call a sober friend, have a designated driver, take a cab, or let Uber help you.
If you are over the age of twenty-one and drive a vehicle (including bicycles, scooters, Segways, golf carts, horses, or any moving vehicle) with a blood alcohol level of .08, you will be charged with DUI in Athens. While television, radio and billboard advertisements call a DUI a $10,000.00 mistake, I know of a DUI conviction costing a person more than $200,000.00 because he lost his job, lost his company car, couldn’t find other work for over a year, almost lost his home, along with suffering the more typical DUI penalties. I’ve also seen commercial drivers lose their licenses for a year or, for a second DUI permanently taking away their ability to work. These cases demonstrate the severe impact a DUI can have whether you are a college student or a working adult.
If you drive a vehicle improperly (speeding, failure to maintain lane, etc.) after consuming alcohol or using drugs , you may be charged with DUI less safe even if you refuse the breath or blood test. Often police officers will request that you take “a few tests” called field sobriety tests (these are not the same as the breathalyzer test that they will ask you to take after they arrest you) to determine if you are impaired. You are not required to take these field sobriety tests. Understand that police officers use the test to gather evidence against you, not to help you. So, in almost every circumstance, you should refuse to do these voluntary field sobriety tests at the scene of your stop.
If you are involved in a motor vehicle accident after consuming alcohol or drugs, you may be charged with crimes ranging from misdemeanor reckless driving to felony vehicular homicide . A conviction for vehicular homicide almost always results in many years of prison time though Stephens & Brown has successfully kept a person out of jail in the last few months who caused the death of two elderly people after smoking marijuana. Don’t take a chance of killing someone, ruining your life, and devastating the lives of family members for you and the person you might injure or kill.
If you buy alcohol and provide it to someone under the age of twenty-one, you can be charged with providing alcohol to a minor . In addition to criminal sanctions, your driver’s license will be suspended if you are convicted of providing alcohol to a minor.
If you have sex with an individual under the influence of alcohol or drugs, you can be charged with rape , aggravated sexual battery , sexual battery , and other serious criminal offenses, even if you were also intoxicated. Even more worrisome, students, particularly male students, are being expelled by UGA and other colleges and universities based upon accusations of sexual misconduct where both students involved were under the influence of alcohol or drugs at the time, WITHOUT A HEARING to determine the truth of the accusation. Don’t risk the rest of your life by even kissing someone who is under the influence of alcohol or any other intoxicating substance.

Remember, if you are charged with a crime or asked to meet with school administrators about alleged violations of the Honor Code or EOO Policies, it is essential that you hire an attorney who can provide you with a powerful defense and protect your future. Kim Stephens defends students every day against false or inflated accusations, winning in court, and preventing these incidents from impacting students’ education and lives beyond college.

Remembering Buddy Christian

Mon, 27 Jul 2015 00:00:00 GMT

Everyone at Stephens and Brown was happy to see justice brought to the killer of Athens-Clarke County police officer, Buddy Christian. Buddy was a good man who served our community with kindness and compassion. Before his death Buddy often read aloud to children at the Learning Express store in the Mall on Saturday mornings. Kim Stephens’s youngest daughter, Isabelle, had the pleasure of listening to his stories, and personally, we will remember him as a man who took the time to read fairy tales to little children, to listen to them, and to love them. Although we know that Friday’s sentencing cannot restore Buddy to his family and to our community, we sincerely hope that it will bring some measure of peace to his wife, parents, and children to know that Jamie Hood will spend the rest of his life behind bars. We will continue to remember Buddy with gratitude and offer thanksgiving for a life well lived.

http://onlineathens.com/mobile/2015-07-24/jamie-hood-sentenced-life-prison-murder-athens-police-officer

Kim T. Stephens Makes Top 100

Fri, 10 Jul 2015 00:00:00 GMT

The National Trial Lawyers Announces Kim T. Stephens as One of Its Top 100 Criminal Defense Trial Lawyers in Georgia

For Immediate Release

The National Trial Lawyers is pleased to announce that Kim T. Stephens, with the law firm of Stephens & Brown in Athens, GA, has been selected for inclusion into its Top 100 Criminal Defense Trial Lawyers in Georgia, an honor given to only a select group of lawyers for their superior skills and qualifications in the field. Membership in this exclusive organization is by invitation only, and is limited to the top 100 attorneys in each state or region who have demonstrated excellence and have achieved outstanding results in their careers in either civil plaintiff or criminal defense law.

The National Trial Lawyers is a professional organization comprised of the premier trial lawyers from across the country who have demonstrated exceptional qualifications in their area of the law, specifically criminal defense or civil plaintiff law. The National Trial Lawyers provides accreditation to these distinguished attorneys, and also provides essential legal news, information, and continuing education to trial lawyers across the United States.

With the selection of Kim T. Stephens by The National Trial Lawyers: Top 100, Mr. Stephens has shown that he exemplifies superior qualifications, leadership skills, and trial results as a trial lawyer. The selection process for this elite honor is based on a multi-phase process which includes peer nominations combined with third party research. As The National Trial Lawyers: Top 100 is an essential source of networking and information for trial attorneys throughout the nation, the final result of the selection process is a credible and comprehensive list of the most outstanding trial lawyers chosen to represent their state or region.

Contact: Andrew Findley
AFindley@TheNationalTrialLawyers.org
866-665-2852

Comparing the Due Process Provided Students for MIP/UPA/DUI/Academic Dishonesty to the Lack of Due Process Provided to Students Charged With Sexual Misconduct

Mon, 11 May 2015 00:00:00 GMT

At the University of Georgia, a student charged with a violation of the UGA’s Code of Conduct for things like Underage Possession of Alcohol (MIP), hazing, theft, selling illegal drugs on campus, and damaging UGA property are entitled to a relatively high level of due process. Specifically, an accused student must be

(1) given formal notice of the charges against them;

(2) advised that no inference of responsibility will be drawn if they remain silent;

(3) advised of the procedures that will be used to decide the charges;

(4) advised that they may have an advisor;

(5) informed of all “potential witnesses and any information that may be presented against” them including a list of witnesses and a chance to view the evidence to be presented;

(6) presumed innocent;

(7) given a live hearing before three neutral decision makers (two University Student Judiciary Members and one Administrative Panel/Faculty/Staff member);

(8) given a recorded or transcribed copy of any hearing; and,

(9) permitted to question his or her accuser and other witnesses involved in the hearing.

The accused student in these Student Conduct hearings is allowed to have an advisor that can be an attorney, a member of the Student Judiciary, or any other person. The advisor, attorney or otherwise, may not speak for the accused student, something attorney Kim Stephens believes violates the accused student’s United States and Georgia Constitutional rights to due process, but can provide preparation, guidance and support throughout the hearing.

Similarly, at the University of Georgia, a student accused of violating the Honor Code, A Culture of Honor , by plagiarizing, copying a classmates test answers, lying to a professor, or even trying his or her best to submit responses or prove attendance via apps like Top Hat that suffer frequent technical problems, is entitled to due process. Accused students in academic dishonesty hearings are

(1) allowed to complete all required academic work, have the work evaluated and graded;

(2) given formal notice of the complaint(s) that have been made against them;

(3) allowed to participate in a facilitated discussion, i.e. a mediation, which includes the instructor who filed the complaint, the student, and a Facilitator. The purpose of the of the “facilitated discussion” is to provide a fair and focused discussion between all parties involved about what may have occurred. The instructor(s) who reported the matter, the student(s) believed to have violated the policy, and the Facilitator are the only participants in a Facilitated Discussion. These Discussions may not be recorded. The instructor and student may reach an agreement about the matter and, if dishonesty is involved, may determine the appropriate consequence(s);

(4) if no resolution is agreed upon, the matter will be forwarded to a Continued Discussion with an Academic Honesty Panel that will determine the outcome of the allegation. The Academic Honesty Panel is, at its heart, a hearing on the merits of the instructor’s complaint. The Panel is comprised of two faculty members and three student members who decide whether the instructor can prove by a preponderance of the evidence that the conduct alleged in the complaint is true and is a violation of the Honor Code, and, if a violation is found, determines the appropriate punishment;

(5) written notice of the allegations being made against them;

(6) copies of all evidence to be used by the accusing instructors against the students including the instructor(s)’ statement and supporting documents and witnesses;

(7) a chance to provide a written statement and provide supporting evidence and documents to the Panel before and during the Continued Discussion;

(8) a chance to question the accusing instructor and all other witnesses and evidence being used during the Continued Discussion to show the accused student violated the Honor Code.

The accused students in these Continued Discussion hearings are allowed to have an advisor that can be an attorney or any other person. The advisor, attorney or otherwise, may not speak for the accused student, again something attorney Kim Stephens believes violates the accused student’s United States and Georgia Constitutional rights to due process, but can provide guidance and support throughout the Continued Discussion.

Now, compare these relatively high levels of due process provided to accused student’s cases to cases involving allegations of sexual misconduct, a political “hot button” issue:

(1) The accused student will be provided with notice of the existence of a complaint being filed against him or her but is not told the identity of the person filing the complaint or the specific accusations made by the accuser;

(2) The accused student may be immediately suspended from the University and barred from campus while the investigation is ongoing;

(3) The accused student may be removed from UGA’s student housing and dormitories immediately and, thus, forfeiting all moneys paid for housing and dining;

(4) The accuser and the accused student are provided with a copy of the EOO “non-discrimination” policy which allows the student to “blindly” provide information to an EOO investigator, provide evidence to the investigator that may or may not apply to the accusations being made, and submit himself or herself to questioning by the investigator;

(5) The accused student is NEVER provided with the identity of witnesses against him or statements made by such witnesses;

(6) The accused student is NEVER provided with the identity of favorable, i.e. exculpatory, witnesses or statements made by them;

(7) The EOO investigator only discloses information to others involved in the case on a “need to know basis;”

(8) The EOO procedures now state that the investigator’s interviews “constitute the hearing.”

So, prior to being expelled from the University of Georgia for alleged sexual misconduct, an accused student NEVER receives a formal charging document expressly telling him what offense he or she is charged with committing, NEVER receives a list of witnesses for or against him, is NEVER allowed to review statements or evidence used to determine his guilt or violation of the EOO policies, is NEVER allowed a hearing before a panel of three or more hearing panelists to determine his culpability, is NEVER allowed to question the accuser in his or her case, is NEVER allowed to question other witnesses or evidence used against him or her to show guilt or a violation of the EOO policies, is NEVER allowed to present evidence in his or her defense to a panel of impartial panelists rather than just to the investigating EOO officer, and is NEVER allowed to provide a statement to an impartial hearing panel. Apparently, the University of Georgia believes that students charged with Underage Possession of Alcohol/MIP deserve greater due process than students charged with serious offenses like rape.

UGA expels students, usually young men, through a process that provides absolutely no due process at all. Does that sound fair? Is that due process?

Tags: athens , athenslawfirm , georgia , Student Judiciary , Student Services , UGA

DUI: Choose Your Attorney Wisely

Mon, 27 Apr 2015 00:00:00 GMT

DUI/DWI MUCH MORE EXPENSIVE THAN ADVERTISED

I was speaking to a friend recently when he unexpectedly told me that, before we met, he was arrested and convicted of DUI/DWI several years ago. After some discussion, my friend shared with me that in his case the DUI/DWI conviction was far more costly than the estimates of $10 – $15,000 typically seen in articles and online for the “cost of a DUI/DWI.” My interest was piqued, so he explained:

“I accept full responsibility for my actions. I drove when I had been drinking more than I should and knew better.... I was driving home when I came up to a roadblock.... I knew I was screwed. I cooperated, took all the Field Sobriety Tests, and took the breathalyzer. I was arrested and taken to jail. I posted bond, paid a towing fee, hired an attorney, went to court several times, and was ultimately convicted.

The cost of posting bond, paying the towing fee, hiring an attorney, going to court, and paying fines, surcharges, taxes, probation fees, and other direct costs of the DUI/DWI was very expensive. The estimates I saw before and since I was arrested, though, don’t come close to the actual cost to my family and me.

I lost my job. I lost benefits for my family. It took more than a year for me to get another job that was anywhere close to my qualifications. My car insurance skyrocketed. I can’t afford to get life insurance because it is so expensive. I still am not making as much money as I would be making if I had not gotten the DUI. So, my estimate of the cost of a DUI/DWI is much different than what I see online.”

Upon further questioning and after reviewing online articles and data, my friend provided me with his estimate of the cost of his DUI/DWI arrest and conviction:

Bond/Bail $ 2,500.00

Tow/Storage Charge for car 185.00

Increase in Car Insurance Premiums 7,500.00

Attorney Fees 5,000.00

Court Imposed Fines/Surcharges/Fees 1,730.00

DUI/Risk Reduction School 287.00

License Reinstatement Fees 210.00

Increase in Life Insurance Premiums 10,000.00

Lost Income, Wages and Benefits $ 330,000.00 – 370,000.00

(Caused by DUI/DWI and since my arrest)

________________________________________________

Actual and True Cost of DUI/DWI $ 357, 412.00 – 407, 412.00

Changes in DUI Law

Wed, 22 Apr 2015 00:00:00 GMT

Attorneys Kim Stephens and Michael Brown applaud the Georgia Supreme Court for its well-reasoned opinion upholding every person’s right to be free from unlawful searches of his or her body and bodily substances. In the three weeks since the Court’s ruling in Williams v. State , attorney Kim Stephens successfully convinced prosecutors in Elbert County and Madison County, Georgia to dismiss DUI cases against his clients based on this change in Georgia law. When choosing a DUI lawyer, it is critical that you hire a criminal defense attorney who specializes in DUI and other criminal law, knows current DUI law, and keeps up with changes in DUI law that will help win your case.

Blood Tests Taken Pursuant to Georgia Implied Consent Law May Not Be Voluntary According to Supreme Court

Georgia’s implied consent law may not be around much longer. On March 31, 2015, the Georgia Supreme Court unanimously laid the groundwork for a future ruling that could effectively nullify the statute that imposes automatic punishment on motorists who refuse to provide a blood or breath sample upon demand. The implied consent law helps police investigate drunk driving (DUI) cases by allowing what are considered searches under the Fourth Amendment to take place without a search warrant. John Williams learned about this after a Gwinnett County police officer pulled him over for swerving on September 22, 2012. “Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs,” the officer told Williams. “If you refuse this testing, your Georgia driver’s license or privilege to drive on the highways of this state will be suspended for a minimum period of one year.” Williams agreed to the blood draw, thinking he had no choice. The officer called the incident an ordinary DUI and admitted there were no unusual or exigent circumstances with the case. A county judge convicted Williams based on the blood evidence, saying the implied consent law rendered Fourth Amendment concerns irrelevant. The Georgia Supreme Court disagreed. “The state court’s analysis is flawed,” Justice P. Harris Hines wrote for the court. “A suspect’s right under the Fourth Amendment to be free of unreasonable searches and seizures applies to the compelled withdrawal of blood, and the extraction of blood is a search within the meaning of the Georgia Constitution.” In Missouri v. McNeely (S.Ct., 4/17/2013), the U.S. Supreme Court held that the natural dissipation of alcohol in the bloodstream did not automatically create “exigent circumstances” that absolve police of their duty to obtain a search warrant before drawing a suspect’s blood. The justices required police to either get a warrant or cite a legitimate emergency justification for not doing so. There were no exigent circumstances in the Williams case, so the Georgia high court was left to rule on whether Williams voluntarily consented to having his blood drawn after being read the implied consent notice that told him that he had no choice. The justices said they needed more information. “In considering Williams’s motion to suppress, the state court failed to address whether Williams gave actual consent to the procuring and testing of his blood, which would require the determination of the voluntariness of the consent under the totality of the circumstances,” Justice Hines concluded. “Consequently, the judgments of the state court are vacated and the case is remanded to that court for proceedings consistent with this opinion.”

Kim Stephens Discusses Jonathon Taylor on Paul Finebaum Show

Sat, 18 Apr 2015 00:00:00 GMT

Paul Finebaum interviewed me on Thursday on his ESPN show regarding the Jonathon Taylor case. Since Jon’s arrest in Tuscaloosa, Alabama, the female who made the allegations has recanted her story, stating that she lied to the police. You can listen to my complete interview with Paul Finebaum about Jon’s case and the impact of false allegations here, beginning about 11:30 minutes into the show:

Inspiration from To Kill a Mockingbird

Fri, 17 Apr 2015 00:00:00 GMT

“You never really understand a person until you consider things from his point of view... until you climb into his skin and walk around in it.” Atticus Finch— To Kill a Mockingbird

As the publication date for Harper Lee’s sequel to her Pulitzer prize winning novel, To Kill a Mockingbird , approaches, people are digging out and rereading their copies of Lee’s classic tale. Today, the Athens Barnes and Noble will read the novel aloud in its entirety throughout the day to celebrate both the recent fiftieth anniversary of the novel and the upcoming sequel. My wife, a writer herself, is one of the guest readers and will read the novel’s final chapter at the close of the bookstore’s celebration. This event has reminded me both of my love for Lee’s novel and my admiration for one of its principal characters—father and defense attorney Atticus Finch.

For those who might have missed To Kill a Mockingbird , Atticus agrees to represent a black man accused of raping a white woman in the fictional town of Maycomb, Alabama in the 1930s. The racism and inequality prevalent at the time means that the residents of Maycomb are both outraged and shocked that Atticus would take the case. Atticus, however, ignores popular opinion and considerable intimidation, believing in Tom Robinson’s innocence and zealously representing him, stating famously that “the one thing that doesn’t abide by majority rule is a person’s conscience.” Atticus battles not only the prejudice of the day but also the justice system, which at the time prevented African Americans and women from serving on a jury.

Atticus provides a model of integrity and courage for criminal defense attorneys because he chooses to do what’s right in the face of insurmountable odds. Convincing an all-white male jury to find Tom Robinson not guilty in 1930s Alabama is an impossible task, but Atticus chooses to fight the good fight: “Simply because we were licked a hundred years before we started is no reason for us not to try to win.”

I am as inspired by Harper Lee’s story today as I was thirty or more years ago when I first discovered the tale, and if you’re in the Athens area today and have some time, I hope you’ll take a trip to the bookstore and maybe listen to a chapter of To Kill a Mockingbird .

Jonathon Taylor and the Presumption of Innocence

Mon, 06 Apr 2015 00:00:00 GMT

Jonathon Taylor’s second arrest for domestic violence made headline news over the last several days, sparking a public outcry that questioned Alabama’s decision to give Taylor a second chance and even criticized Taylor’s continued freedom. The controversy over Taylor sparks an interesting question: In light of mass media coverage of crime, particularly crime that arouses public sentiment or involves celebrities or sports figures, does the presumption of innocence still exist in America?

When approached by the media about Jonathon Taylor’s arrest in Alabama, I expressed my concerns about the new allegations and fervently hoped that a thorough investigation be conducted prior to any action being taken against Jon. The rationale behind my concerns was twenty-two years of experience in defense work during which I have seen a repeated trend of false accusations in high-profile cases involving athletes, politicians, or celebrities. Because any criminal allegations made against a well-known person are so widely publicized, they are particularly vulnerable to secondary allegations made by individuals trying to leverage the circumstances.

On the Monday after Jon was arrested in Alabama, the female who made the allegations in Tuscaloosa recanted her accusation stating that she had lied about the incident. She told the police that she was angry because Jon had been unfaithful to her, and she was hurt that their relationship was not as exclusive as she wanted it to be. She was consequently arrested for making false statements to the police.

I have heard advocates claim that people do not make false accusations of violent or sexual crime. I wish this were true, but my experience has led me to the perhaps unpopular but still verifiable opinion that it is not. I once represented an eighteen year old boy who spent thirteen months in jail (prior to his parents retaining my services) for rape. After his parents retained me, I sent my female investigator out to interview the alleged victim. The girl told my investigator after just minutes of chatting that the boy had not in fact raped her. They had dated for a while, and when he broke up with her, after repeatedly being unfaithful to her with other girls, she could not bear the thought of him being with someone else. The young man in question had a lot to learn about morality, about how a good man should treat a woman, but he was not a criminal. This is not just one exception to the rule, rather it is one of many cases of this nature that I have witnessed during my time as a lawyer. False allegations do happen, a truth that our founding fathers must have anticipated when they included the presumption of innocence in the list of rights that we as citizens of the United States of America are afforded.

I am a defense attorney, but I am also a husband and a father, and when I read a newspaper article or watch a headline report depicting, often in gruesome detail, crimes against women and children, I am seared, inflamed by the seemingly casual disregard for the sanctity of human life displayed by the perpetrators of these acts. I am the father of daughters, and my worst fear is that someone might harm my girls, steal their innocence, their irreplaceable life. I am also the father of a son, and I have identical worries for him, but because of my experiences as a defense attorney, I have this additional fear for my son: that he might be wrongly accused, falsely defamed, ruined because of a crime he did not commit.

In my time as a defense attorney, I have seen a wide spectrum of human behavior, and perhaps the lesson I have learned best, internalized, is the power of a lie. When we hear charges of domestic violence, assault, rape, molestation, murder, our anger is rightfully roused. We want immediate action, justice. The problem is that these two terms are too often incongruent. Justice is not, as the cliché would indicate, swift. Justice takes time— a thorough investigation and an objective examination of the facts.

Jonathon Taylor has been charged with domestic violence in Athens and now Tuscaloosa, Alabama. The alleged victim in Alabama has recanted her accusation and consequently been charged with a crime herself. The investigation in the Athens case is ongoing. Neither case has gone to trial. However, since Jon’s initial arrest, he has, without due process, been dismissed from the University of Georgia’s football team, suspended from the University of Georgia, dismissed from the University of Alabama’s football team and expelled from the University of Alabama. Regardless of the ultimate outcome of Jon’s case, it would seem, based on these facts, that far from being presumed innocent as the constitution demands, Jon has in fact been presumed guilty from the time of his initial arrest.

Alimony in a Georgia Divorce

Sun, 27 Jul 2014 00:00:00 GMT

In Georgia, a judge may order one spouse to pay alimony to the other spouse on a temporary or permanent basis. The court has great discretion and uses a range of factors in deciding how much alimony to award. A Georgia family lawyer can review your situation and advise you about your alimony rights.

Under What Circumstances Can a Georgia Court Award Alimony?

Alimony is generally paid periodically and can be awarded in case of divorce, voluntary separation, agreement between the parties or desertion of one of the spouses by the other. A Georgia judge may order one of the spouses to pay alimony on a temporary or permanent basis.

The court examines the needs of the parties and their respective ability to pay spousal support. If one party proves by clear and convincing evidence that adultery or desertion of the other party caused the divorce, that party is not required to pay alimony.

Elements Considered in the Determination of Georgia Alimony Awards

A judge has great discretion and considers several factors in determining the amount of alimony payments such as:

The standard of living of the couple during their marriage and the duration of the marriage
The age, physical and emotional conditions of both parties
The contributions both spouses made to the marriage (which may include home-making and care of children)
The financial position of both parties and their future earning capacity as well as their costs
Anything else the court finds relevant in its determination

Termination and Modification of Georgia Alimony Awards

In most cases, a party is required to pay alimony until a date or event specified in the award, which is often the death of either party or the remarriage of the receiving spouse. A court may also order the termination or modification of alimony payments if the receiving spouse lives with another partner but are not officially married.

Under Georgia law, a court may modify its order in case of a substantial change in financial status of one or both of the former spouses, unless one or both of the former spouses specifically waived their right to modify the award.

An Athens, GA family lawyer can assist you with your spousal support case, whether you are going through a divorce or would like to modify an existing Georgia alimony award.

Michael S. Brown and Kim T. Stephens have almost four decades of combined experience in Georgia family law and draw upon this experience to make sure you reach the best possible solution in your alimony case.

Tags: alimony , spousal support

What is a District Attorney?

Sat, 14 Jun 2014 00:00:00 GMT

Georgia’s District Attorneys Offices regularly appear in the news. Recently, the Fulton County District Attorney featured prominently in the news about the Atlanta school cheating scandal , in which he charged 35 school officials, including Superintendent Hall for crimes related to overseeing a corrupt system, encouraging cheating and silencing people who attempted to speak out against them.

The Function of the District Attorney

The District Attorney (“DA”) is the chief prosecuting officer in the State of Georgia. A District Attorney is elected every four years for each of the 49 judicial districts. The DA oversees the work of the Assistant District Attorneys working in his office who prosecute most cases.

The Kind of Cases Prosecuted by the District Attorney’s Office

The DA’s office represents the State in criminal cases and appeal procedures in the Georgia Superior Court. The prosecution of delinquency cases in the juvenile court system also falls within its ambit. The Solicitor-General prosecutes criminal misdemeanor cases in trial and appeal procedures in Georgia’s State courts in 61 of the 159 counties in Georgia.

The Steps Taken by the DA’s Office Before Charging You with a Crime

Once law enforcement officials suspect you of a crime and think they have enough evidence to charge you, they bring their case to the District Attorney’s office. An Assistant District Attorney examines the evidence before you are charged. If this prosecutor finds the evidence sufficiently convincing, he or she determines with which crimes to charge you and compiles an accusation. You may be arrested during this first stage.

After the DA’s Office Charges You with a Crime

Unless you are indicted by a Georgia grand jury, the DA’s office charges you with a crime by accusation. After you are charged, an arraignment hearing may be set. At the arraignment hearing , you are informed of the charges against you, the judge requests you to enter a plea and will set a time schedule for your case. Depending on the crime with which you are charged and certain other factors, a judge may set bail. After your arraignment, your attorney may try to negotiate a plea bargain and preliminary motions and hearings may be held to resolve certain legal issues before the trial can take place.

Your Criminal Trial

During the trial, both sides are heard, the Assistant District Attorney and your lawyer may make opening statements, examine and cross-examine witnesses, file motions and make closing arguments . Finally, the jury may come out with a verdict finding the defendant guilty or not guilty, or state that they were unable to agree. In a non-jury trial, the judge makes this decision.

Any criminal process is complicated and the steps in your criminal process may differ from the general procedure described above. Only an experienced Athens criminal defense attorney has the skills to protect your rights and get you the best possible outcome in your case.

Michael S. Brown and Kim T. Stephens have almost four decades of combined experience in criminal defense law. By drawing on their experience and skills, they work to ensure you get the best possible result in your criminal case.

Tags: criminal cases , district attorney , prosecutor

What You Need to Know About DUI in Georgia

Tue, 06 May 2014 00:00:00 GMT

Driving under the influence of alcohol (DUI) can lead to serious consequences for the driver and anyone else in the vicinity. According to statistics from the Century Council, more than 30,000 arrests for DUI occurred throughout Georgia in 2011. There were also 277 alcohol-related roadway fatalities.

Simply having been arrested for DUI isn’t definitive proof that you are guilty. Many drivers are falsely accused of DUI every year, especially when the police depend solely on faulty Breathalyzer® tests as evidence. However, a DUI arrest can result in irreversible personal and professional damage. It is critical to hire an experienced defense lawyer to mount a strong defense as soon as possible after a DUI incident.

Blood Alcohol Concentration

In Georgia, a DUI is determined by testing the driver’s blood alcohol concentration (BAC). Different BAC levels are allowable for different classes of drivers. Driving with a BAC of .02 percent or more is considered DUI for a driver under the age of 21. For a commercial driver, the required BAC is only .04 percent. General drivers aged 21 or older can be charged with DUI with a BAC of .08 percent or higher.

Potential Penalties

The penalties involved in a DUI case depend on various factors. For refusing to submit to testing under the implied consent law, a driver is subject to license suspension of one year or more, depending on the driver’s history of refusal. If you submit to testing and your BAC is above .08 percent, you will spend at least 24 hours in jail and pay a minimum fine of $300. A second offense results in at least 72 hours in jail and a minimum fine of $600. As a driver charged with DUI, you are also subject to varying lengths and degrees of license suspension.

If you or a loved one is charged with DUI, contact attorneys Michael S. Brown and Kim Stephens as soon as possible to receive comprehensive DUI defense services.

Tags: blood alcohol concentration , DUI penalties

When to Modify Your Child Support Agreement

Tue, 15 Apr 2014 00:00:00 GMT

In October 2013, Georgia’s unemployment rate was 8.1 percent, significantly higher than the national average of 7.3 percent. With unemployment rates in the state that high, there will probably be more people heading back to family law court to have their child support amounts modified to reflect their current income.

While parents usually have to wait at least two years before asking for a modification of the previous support plan, you are allowed to modify child support right away in Georgia if you experience a loss of 25 percent or more of your normal salary.

What Other Changes Can Lead to Modification?

It’s not just parents who lose their job that need to modify their child support agreements. If the individual who is currently sending you payments has just received a large raise or obtained a higher-paying job, you may be entitled to more child support. Also, if the other parent remarries and shares a larger income with his/her new spouse, you may be able to obtain a larger child support amount for you. In any case, it’s important to prove to the court that the other parent’s financial situation has changed substantially and that you need more money to be able to properly raise your child.

Why You Need a Lawyer

Whether you are seeking or opposing a modification of the support order, you need an advocate who will frame your position in the most favorable light, assemble evidence to support your position, and present it to the court in a persuasive manner. With so much at stake, you want an experienced child support attorney on your side.

Attorney Michael S. Brown understands that your financial situation can change, and he is ready to help you recalculate your and your ex-spouse’s proper child support obligations based on current income. This may allow you to obtain fair modification of your monthly payments.

Tags: Child support agreements , Child support modification

Acceptable Grounds for Divorce in Georgia

Thu, 27 Mar 2014 00:00:00 GMT

The state of Georgia recognizes no-fault and fault-based divorce processes for a couple wishing to end their marriage. In fault cases, your divorce will be blamed solely on the actions of either you or your spouse. This can influence a judge’s decision about spousal support, child support and custody plans.

In Georgia, the 12 recognized grounds for divorce based on fault are:

Intermarriage: The spouses are directly related to each other.
Mental incapacity at the time of the marriage: One spouse was unfit to consent properly to a marriage, most commonly because of drug or alcohol usage before the ceremony.
Impotency at the time of marriage: A divorce can be granted if a spouse was sexually impotent at the time of the marriage, and the other spouse did not know.
Force, menace, duress or fraud in obtaining the marriage: Marriages that take place under threats of violence or fraud are subject to dissolution by a judge.
Pregnancy of the wife by a man other than the husband at the time of the marriage: The pregnancy is a proper ground for divorce only if the husband was unaware that the woman he was marrying was pregnant by another man.
Adultery: A spouse has a sexual relationship with another party outside of the marriage.
Abandonment: If your spouse abandons you for more than a year, a judge can dissolve your marriage.
Conviction: This is an acceptable ground for divorce if your spouse has been convicted to a prison sentence of two or more years for a crime involving moral turpitude.
Habitual intoxication: This condition involves an extended period of alcohol abuse and addiction.
Cruel treatment: Various kinds of physical and mental abuse perpetrated by your spouse are considered cruelty.
Incurable mental illness: A divorce may be granted if your spouse has been institutionalized for more than two years since your marriage.
Drug addiction: An extended period of drug abuse/addiction is a ground for divorce.

Contact Athens divorce attorney Michael S. Brown to discuss your options in pursuing a fault-based divorce from your spouse.

Tags: Adultery , Grounds for divorce

What Are Your Rights if You Are Pulled Over?

Fri, 14 Mar 2014 00:00:00 GMT

It never feels good to see the red and blue flashing lights of a police car in your rear view mirror, signaling you to pull over. Right away, your mind begins to race. What could you have done wrong, and how will you pay for any tickets you get? However, what you may not think about are your rights as an American citizen.

Under the law, you have some protection from unintentionally incriminating yourself. If you are pulled over by the police, keep these basic rights in mind:

An officer must have a reason to pull you over: A police officer cannot just pull you over without probable cause. Most drug busts happen because a driver was speeding or had a broken tail light. Without a firm reason such as those, the police cannot pull you over.
Don’t pull over if it’s not safe: If you believe that pulling your car over on a dangerous road would put your safety at risk, you can signal to an officer that you will continue driving until you are able to go off to the side of the road in a secure spot.
You can refuse a Breathalyzer® test at your own risk: It’s within your rights to refuse a Breathalyzer test in Georgia; however, such a refusal violates the state’s implied consent law. Your refusal could lead to a suspension of your license and a heavy fine unless you challenge the ruling.
A police officer can’t search your vehicle without cause: The police do not have the right to search your car without your permission, unless an officer notices something illegal — such as a container of alcohol — in plain view. However, a police officer can begin to search without a warrant if he or she notices exigent circumstances that force the issue, such as the destruction of evidence. This situation is most common in drug stops. However, without cause, evidence or exigent circumstances, the officer has no legal right to enter your car.

To better understand your rights, call Georgia criminal defense attorneys Michael S. Brown and Kim Stephens immediately after you are pulled over.

Tags: Breathalyzer Test , Rights after a traffic stop

Kind Words and References

Wed, 21 Nov 2012 00:00:00 GMT

Mike & Kim,

Thank you for taking the time to talk to me about the problems my family is facing. Ya’ll have been more than helpful.

Mike, you have been a great friend since elementary school. As I was sitting in my office angry and frustrated,I looked down and saw your picture in an ad on the phone book. I smiled, grabbed my phone and dialed the number. I was shocked when the girl put me through to you. That is unheard of in business today and a testament to your firm. I really appreciate your friendship and hope I can repay you some day.

Kim, I can’t thank you enough for taking the time to call me and answer my questions and offering to help. That too says a lot not only about your firm but your character. You were more helpful than you realize.

From now on, if anyone ask me to recommend a law firm, you guys will be the first to come to mind. I just pray I never need your services. But if I do, you can bet I will call you guys first.

Thank you again,
J. I.

– See more at: http://www.athens-lawfirm.com/blog/kind-words-and-references/#sthash.vG4nKBZ0.dpuf

Michael S. Brown Wins Athens Banner-Herald Reader’s Choice Award

Tue, 30 Oct 2012 00:00:00 GMT

Attorney Michael Brown has been recognized in the 2012 Athens Banner-Herald Readers’ Choice Awards as the second “Best Attorney” and is the only lawyer listed who handles family law matters, child custody and support cases, modification issues, DUI defense, and defense of other criminal cases . The Law Offices of Michael S. Brown and Kim T. Stephens congratulates Michael for this award and looks forward to continuing to represent our clients in a way that warrants receipt of this type of recognition in the future.

Tags: athens , Athens Banner-Herald , northeast georgia , Top Lawyer

Michael Brown Wins Crossfit Competition

Thu, 23 Aug 2012 00:00:00 GMT

BREAKING NEWS: During the weekend of August 17 – 19, 2012, attorney Michael Brown won first place in the Master’s Division of the Rumble by the River CrossFit competition in Columbus, Georgia. Michael demonstrated the tenacity, persistence, and work ethic he uses daily on behalf of his clients in their cases by coming from more than 1 minute behind in the final event to upset the favorite to win the competition.

The Law Offices of Michael Brown and Kim Stephens congratulate Michael for his excellent performance and outstanding win.

Tags: athenslawfirm , CrossFit , Michael Brown

Michael Brown Offers Expertise and Experience as Mediator

Mon, 20 Aug 2012 00:00:00 GMT

BREAKING NEWS: The Law Offices of Michael S. Brown and Kim T. Stephens announce that Michael Brown has expanded his law practice to include mediation to take advantage of his expertise and experience in family law issues, business disputes and personal injury cases. Michael has mediated, litigated and resolved disputes and cases over the last twenty years that, individually involved over $20 million dollars and, collectively involved well over $100 million dollars. On the other end of the spectrum, attorney Michael S. Brown has provided services to people and companies with much less at risk who wanted to avoid paying unnecessary legal fees and simply wanted help resolving their disputes in the most efficient manner possible and wanted to avoid “going to court.”

Call attorney Michael Brown now if you need a mediator who can you help you solve your problems, no matter how big or small, legally, financially and emotionally.

Tags: athens , business , car wrecks , disputes , family law , georgia , mediation , northeast georgia , personal injury , truck wrecks

Supreme Court Holds that Fair Sentencing Act Applies to Post-Act Sentencing for Pre-Act Conduct

Fri, 27 Jul 2012 00:00:00 GMT

On June 25, 2012, the U.S. Supreme Court issued its opinion in Dorsey v. United States (No. 11-5683), holding that the Fair Sentencing Act’s new LOWER mandatory minimums apply to sentences for crack cocaine imposed after the Act for Pre-Act crimes.

While this U.S. Supreme Court decision is exciting and good news for some defendants, attorney Kim Stephens successfully argued in the United States District Court for the Middle District of Georgia that his clients should be sentenced under the lower guidelines set forth in the Fair Sentencing Act in 2010 using many of the same arguments raised in Dorsey almost 2 years ago. As a result, Stephens’ clients were sentenced to much less time, i.e. several years less time, than they would have been sentenced to if the Fair Sentencing Act had not applied to Pre-Act conduct.

Tags: crack amendment , drugs , federal , guidelines , sentencing

Judge Sentences Our Firm’s Client to Probation While Sentencing Co-Defendants to Lengthy Prison Terms

Sat, 07 Jul 2012 00:00:00 GMT

Following a client’s guilty plea to burglary and other serious felony offenses, attorney Kim Stephens persuaded a judge in Athens-Clarke County, Georgia to grant his client First Offender treatment which kept the client from having a felony conviction on his record among other benefits. Most importantly, though, Stephens persuaded the judge to sentence his client to probation with no time to be served in prison. The two co-defendants in the case, our client’s father and brother (both of whom were represented by other attorneys), were sentenced to 8 years and 6 years in prison respectively to be followed by lengthy terms of probation.

To see the full story, please go to http://onlineathens.com/stories/040111/new_808531746.shtml

Kim Stephens and Page Pate Win “Not Guilty” Verdict for a Georgia Doctor Charged with Unlawfully Distributing Controlled Substances

Sat, 07 Jul 2012 00:00:00 GMT

In January, 2012, after nearly six years of waiting, Dr. Paul Raber of Lavonia was acquitted by a Hart County jury of thirty-three felony counts of unlawfully distributing controlled substances. Following the trial in a courtroom filled with dozens of Dr. Raber’s family, friends, and loyal patients, the jury returned with its “not guilty” verdicts after less than thirty minutes of deliberation.

Dr. Raber was represented by attorneys Kim Stephens of Athens and Page Pate of Atlanta, who had began working with him when charges were first filed back in 2007. The case had already been taken to the Supreme Court of Georgia on a pre-trial appeal before it came back to Hart County for trial. At the Supreme Court, Page argued that the statute Dr. Raber had been charged under, OCGA § 16-13-41(h) was unconstitutionally vague because it did not clearly make pre-signing prescriptions a crime, much less a felony.

The Supreme Court, by a slim margin of 4-3, ruled that the statute wasn’t constitutionally defective and that the word “issue” might not require actually giving a prescription to a patient or end user. At trial, Page argued just the opposite, that Dr. Raber had not “issued” any prescriptions at all, and the jury seems to have agreed.

Vaguely worded statutes such as the section of the Georgia Controlled Substances Act at issue in this case pose a grave danger to the public. Because many statutes like this one are worded so poorly, they can be twisted to mean virtually anything a motivated prosecutor wants them to mean. In the case of the GCSA, doctors, pharmacists, nurses, and other health professionals may be at risk of prosecution for actions that are not even clearly criminal at the time they are done. Thankfully, the jury in this case was able to see that the prosecution was not applying the law as it had been intended: to prevent doctors from being “drug dealers with medical licenses,” as Georgia Supreme Court Justice Hunstein described it in her dissenting opinion in Dr. Raber’s appeal.

Our congratulations to Dr. Raber and his family, who are surely relieved that this long ordeal is behind them.

7 Finalist Named for Georgia Supreme Court

Sat, 07 Jul 2012 00:00:00 GMT

ATLANTA —
The state’s Judicial Nominating Commission said in a statement Friday that it has sent seven names to the governor for a vacancy on the Georgia Supreme Court that will come in July with the retirement of Chief Justice George Carley. The list submitted to the governor includes: Cynthia J. Becker, Keith Blackwell, Lisa Branch, Michael Brown, Billy Ray, Tillman Self and Ben Studdard.

Kim Stephens Provides Assistance as Legal Expert to Media in Former UGA Football Player Case

Fri, 06 Jul 2012 00:00:00 GMT

Kim T. Stephens relied upon as legal expert in former UGA football player Isiaah Crowell Case (July, 2012)

“ Whether it’s his gun or not is not the issue, ” Stephens said. “ The issue for him is to get his life back on track. That’s what he needs to be doing right now ” so that he will not ruin a potentially great college and NFL career by being accused, falsely or not, of relatively minor criminal offenses.

For the complete national Fox Sports article, please go to http://georgia.scout.com/2/1199926.html

For the complete Atlanta Journal Constitution article, please go to http://blogs.ajc.com/uga-sports-blog/2012/07/02/legal-experts-isaiah-crowell-faces-5-years-in-prison-but-probation-likely/