Articles Posted in Criminal Defense

4P9A9001-400x400

Lisanne Edelman has wanted to be a lawyer since she was 12 years old. Her growing interest in shows like “Law & Order” signaled that a career in prosecution may be in the cards, but her first criminal law class at John Marshall Law School shifted her focus.

Students were tasked with researching and presenting a particular case from the Innocence Project. To this day, Lisanne can remember the case she chose. In 1999, Clarence Elkins was convicted of the murder of his mother-in-law, Judith, and the assault of his 6-year-old niece. Clarence maintained his innocence, but his niece’s testimony that the intruder looked like her uncle sealed his fate. In 2002, his niece officially recanted her claim, and Clarence was ultimately freed in 2005 based on an alibi witness and a DNA hit off a cigarette butt Clarence collected from a fellow inmate — who was ultimately found guilty of the attacks.

“That triggered something in me,” Lisanne recalls about this case.

The National Academy of Motorcycle Injury Lawyers is giving away a sleek new 2019 Harley Davidson FXDR114! Go online to register and you could be the winner of this beautiful bike. Fast on the straights. Agile on the corners. It will blow your senses away!

CLICK HERE TO ENTER!

win-a-harley-don-turner-legal-team

For official rules please visit https://namil-law.org/official-rules

car-towed-after-arrest-400x400

In Georgia law, a police officer may remove the car if the driver or person in control of the vehicle “is arrested for an alleged offense for which the officer is required by law to take the person arrested before a proper magistrate without unnecessary delay.”

Typically, this would be in the event of a driving under the influence arrest, particularly if it resulted in a fatal accident, or if the car was used to commit a serious crime.

So – what do you do if your car has been towed away and impounded after an arrest?

detective-statement-400x400

You’ve heard this before: you have the right to remain silent. This means that you cannot be forced to make a statement to police, no matter how many times you are asked. This advice applies to any criminal case, even if you have already been arrested and charged.

So – if a detective contacts you and asks you to make a statement, what should you do?

Contact a criminal attorney immediately and let him or her decide to speak with the detective on your behalf.

missed-court-date-don-turner-legal-team-400x400

If you missed your court date for a criminal matter in Georgia should consult with an attorney as soon as possible to rectify the situation. Aside from the fact that missing court may have a negative effect on the outcome of your case, there may already be a warrant for your arrest. This could be true even if your appearance was only for a traffic ticket!

While both misdemeanors and felonies are crimes, a misdemeanor only carries a maximum possible jail time of 12 months. Misdemeanors include simple assault, petty theft, possession of marijuana less than one ounce, or driving under the influence (DUI) of drugs or alcohol. Common felonies include murder, rape, arson, kidnapping, aggravated assault, and the sale of illegal drugs. Repeated DUIs may also be regarded as a felony which, in turn, will result in a much harsher punishment. A felony carries a possible jail sentence of more than 12 months. Fines for felonies are also considerably higher than those for misdemeanors.

What Happens When You Miss Your Court Date

Social Media Affect Criminal Case | Don Turner Legal Team

Millions of people use social media every day to be updated on political news or celebrity sightings, and to stay in touch with long-distance relatives. Facebook, Instagram, Snapchat, Twitter and other sites are constantly gaining new users who tend to post life updates very frequently, and sometimes even daily.

We have all heard stories of employers who decide to not hire a potential employee due to the things that he or she has posted online. What most people do not think about, however, is how their social media posts can affect the outcome of their pending legal case.  While staying connected on social media can be great, it is also important to know what NOT to post on social media. Most attorneys routinely scour social media when searching for evidence that supports their client’s case. Your social media posts can provide context and a background story, even if it may be deceiving.

For example: you were recently in a car accident and you are now suing the driver who hit you. In your demand, you claim that the injuries you suffered as a result of the accident leave you unable to stand for a long period of time. The other driver’s attorney then finds your Facebook and sees a video that your friend recently posted of you at a football game, jumping up and down and happily cheering. That attorney will be able to use your friend’s video to show that your injuries are not as severe as you claimed, and it can negatively affect the outcome of your pending suit.

NYE-DUI-Don-Turner-1-400x400

The easiest way to avoid getting pulled over for drinking and driving, is to NOT drive after consuming any amount of alcohol. While we do not want you to drive after drinking, if you do get pulled over for driving under the influence (DUI), be sure to follow our guidelines laid out below. Being forewarned will help prevent a DUI ruining the start of your new year.

Regardless of little you consume, it’s best to avoid drinking and driving. If you do drink, it’s important to know your limit. If you know you’ve had too much, and don’t have a designated driver who hasn’t been drinking, then call a cab or an Uber.

In any case, unless you’re drinking on private property, always keep copies of receipts and bar tabs as a record of how much you have had to drink.

mandatory-minimums-don-turner-legal-team-400x400

Mandatory minimum sentencing laws set minimum prison time for specific crimes. The laws and penalties have become quite severe to crack down on certain crimes. Normally, a judge or jury determines the punishment a defendant will receive after being found guilty. Judges do not have the legal jurisdiction to lower jail time when there are mandatory minimum laws.

These laws prevent judges and juries from using discretion and taking into account the severity and context of a crime. Even if there is evidence that could afford flexibility in sentencing, the judge cannot take that evidence into consideration. Although judges cannot sentence more leniently, they are permitted to hand down harsher sentencing if they deem appropriate.

The most common minimum sentencing laws usually apply to drug offenses, but Congress has also applied those principles to other crimes such as gun and pornography offenses. For example, for a first-time offender, possession of 500 grams of cocaine has a mandatory minimum sentence of 5 years in prison.

Contact Information