Kenerly was arrested in October 2010 following a year-long investigation into questionable county land purchases. Kenerly was accused of accepting a $1 million bribe in order to get developer David Jen...kins a favorable deal in his sale of park land to the county. (Read more: http://www.gwinnettdailypost.com/news/2014/aug/05/kevin-kenerly-pleads-no-contest-gets-no-prison/)
Criminal defense
Vehicular Homicide
Dec 07, 2011
OUTCOME: non reportable offense of driving too fast for conditions
Following a car accident involving death in Lumpkin County, client was charged with 5 separate counts, including homicide by vehicle in the first degree; reckless driving; laying drags; homicide by veh...icle in the second degree; and failure to maintain lane. After McDonough and Hundredmark provided the state with a detailed accident reconstruction expert report, all felony charges were dismissed, and the client merely pled to the non-reportable offense of driving too fast for conditions.
Criminal defense
Atlanta Falcons player Jonathan Babineaux charged with animal cruelty
Nov 26, 2007
OUTCOME: Charges Dropped
The Atlanta Business Chronicle recently dubbed Mr. McDonough a “legal legend in suburbia” after he successfully exonerated Atlanta Falcons player Jonathan Babineaux from felony animal cruelty charges. ...Impressively, this verdict came during the heated climate of Michael Vick’s guilty plea to similar charges.
(Read: http://www.bizjournals.com/atlanta/stories/2007/11/26/story11.html)
DUI and DWI
Charges Dismissed Following Probation
N/A
OUTCOME: Case Dismissed
Our client, a young male, consumed a lethal amount of drugs and alcohol before operating a vehicle in Gwinnett County. He left his car running while parked, entered a stranger’s house, and fell unconsc...ious. Our client faced charges of Burglary, Possession of Oxycodone, DUI, and Minor in Possession of Alcohol. In addition, while our client was out on bond, he was pulled over and charged with DUI and Minor in Possession of Alcohol. He failed field sobriety tests and blew over the legal limit.
Pat McDonough was able to get the Gwinnett County charges reduced to a misdemeanor of Failure to Carry Your Prescription in the Prescription Bottle under the conditional discharge statute. The case will be dismissed and the arrest will be expunged at the end of a 12-month probation period. Mr. McDonough also successfully argued that the traffic stop was illegal and all of the evidence was suppressed, resulting in dismissal of the case. Our client has gone on to become a successful college athlete with a bright future.
Sex crime
Bond Granted After Victim Credibility Issues Exposed
N/A
OUTCOME: Bond granted
Our client had been charged with aggravated sexual battery and was facing a mandatory sentence of 25 years to life, without the possibility of parole. Prior to hiring Patrick McDonough, the client’s fi...rst attorney accompanied the client to a video interrogation at police headquarters. After the questioning, he was arrested. The first attorney argued for bond but the judge denied his request and the client was held in jail awaiting trial. After an unsuccessful experience with the wrong attorney, our client hired Mr. McDonough, who conducted a preliminary investigation and was able to convince the judge that the alleged victim involved had credibility issues and the forensic interview was not done properly. Although bond is rarely set in this type of case, Mr. McDonough’s diligent legal work convinced the judge against the state’s strong opposition to set a bond allowing him to get out of jail while awaiting trial. The judge who set the bond remarked that this is the first time she had granted a bond in this type of case.
Sex crime
Bond Granted in Child Molestation Case
N/A
OUTCOME: Bond granted
Our client was charged with two counts of child molestation and one count of sexual battery. He hired an attorney to handle his case, and he was denied bond.
Our client then employed the services o...f Andersen, Tate & Carr to represent him in court.
Our attorneys were able to show that incomplete and inaccurate facts were presented at the initial bond hearing, and our client was then granted bond.
The Judge remarked that our client’s case was the first time she has granted bond in a case of this nature. In addition to showing the Judge that our client met standard criteria for bond including no flight risk, no risk of intimidating witnesses, and no risk of committing another crime, we believe we impressed upon the Judge that our client was actually innocent.
Animal law
Charges Dropped and Case Dismissed for Animal Cruelty
N/A
OUTCOME: Charges dropped. Case dismissed.
Our client, an elderly male living in a rural area, was charged with animal cruelty for the shooting of his neighbor’s cat.
Our client was not of sound mind or health at the time of the incident, a...nd his daughters (his primary caregivers) contacted the attorneys at Andersen, Tate0 & Carr to secure legal representation on his behalf.
Through our independent investigation, our attorneys were able to show that the owner of the cat had prior complaints filed against her with animal control; she had multiple cats that were unvaccinated, carried fleas, and posed a risk to the health and safety of other pets in the neighborhood.
Pat was able to show that our client, an avid bird lover and responsible dog owner, shot the cat out of concern for the health of his own pet, as well as the safety of the birds that visited feeders on his property. His neighbor dropped all charges and the case was dismissed.
Criminal defense
Criminal Record Amended Allowing Client to Obtain TSA Pass and Gun Permit
N/A
OUTCOME: Record cleared
Our client, a business owner and community volunteer, was denied when applying for a TSA Fast Pass at the airport.
Weeks later, he visited his local Probate Court to renew his gun permit and was de...nied there as well.
Both denials were due to the fact that our client had a 20-year-old criminal case and an improper criminal history record.
After extensive research and discovery, our attorneys were able to procure an old docket book with enough information to convince the State to correct our client’s criminal history. Our client’s record was cleared, which then allowed him to receive his TSA Fast Pass and was given his gun permit.
DUI and DWI
No Points or Loss of License for DUI
N/A
OUTCOME: No contest plea
Our client was charged with failing to maintain lanes, five counts of DUI-drugs, and was involved in single car accident.
After providing prescriptions and hiring key expert who was able to prove t...he medication in her system was either below the therapeutic range or on the low end, the state agreed to a no contest (no points, no loss of license) reckless charge that terminated after proof of community service and 2 classes.
DUI and DWI
Third DUI Charge Minimized To Reckless Driving With No Jail Time
N/A
OUTCOME: Charges Reduced. Dropped after 12 months.
A recent client was pulled over after speeding 55 in a 35 MPH zone. After admitting to consuming two alcoholic beverages 30 minutes prior to being pulled over, the involved officers administered three ...field sobriety tests, two of which he failed. At the station, he blew 1.5 times the legal limit.
Our legal team was able to prove that the failed tests were not administered properly, rendering the officers’ arguments in court invalid. The initial speeding charges were also proven to be questionable after the involved officer was not able to present enough evidence in the case.
The case was reduced to reckless driving with no jail time. Furthermore, once our client completes his assigned community service, pays fines, and takes the required classes, the assigned probation will be classified as non-reporting, to be dropped after 12 months.