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.
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.
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.
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.
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.
Residential real estate
Charges Dismissed for Business Owners
N/A
OUTCOME: Case Dismissed. Arrest Expunged from Record.
Our clients, the owner and co-owner of a business, were both arrested and charged with Keeping a Disorderly House and functioning as a party to the crime of Serving a Minor with Alcohol after local law... enforcement performed an undercover sting on the business. Patrick McDonough was able to convince the prosecutors that the owners had no knowledge that one of their employees was selling alcohol to a minor. Our clients were also able to provide proof that they provided state recommended training to their employees. The case was dismissed and the arrest was expunged from their records.
DUI and DWI
No Jail Time on DUI Charges
N/A
OUTCOME: Sentence reduced
Our client, who had previous convictions for DUI and BUI, was accused of a hit and run after falling asleep at the wheel due to intoxication. Pat McDonough filed a Motion to Suppress on multiple legal ...issues and was able to get his sentence reduced to a no contest plea for reckless driving. No jail time or points against his license were assessed, contingent upon the completion of classes and community service.
Government
Senator Don Balfour Acquitted on All Charges
N/A
OUTCOME: Acquitted on all charges
In 2013, Senator Don Balfour was brought to trial in Fulton County Superior Court for submitting inaccurate claims for mileage and expenses to the Legislature over a period of five years that amounted ...in several thousand dollars of overpayment.
The legal team spent countless hours going over every expenditure the senator made or could have made in the past five years. Based on this extensive trial preparation, Mr. Balfour’s defense team successfully argued that the discrepancies and alleged fabrications were, in fact, an oversight, due to poor organization.
In addition, Mr. Balfour’s attorneys argued that the state owed him approximately $23,000 for 115 days of legislative per diem expenses the he never submitted for reimbursement.
After a three day long trial, Mr. Balfour was acquitted on all charges and was allowed to return to his position in the Senate. Moreover, the state was required to pay back his attorney fees.
DUI and DWI
DUI Charge Dismissed
N/A
OUTCOME: Case Dismissed
Our client, a 19-year-old male, was observed parking at 3 a.m. in an apartment complex. An officer followed our client after he pulled away from the lot upon seeing the officer’s car.
The client in...dicated an upcoming turn with his turn signal twice, but failed to make a turn. He was pulled over and given three field sobriety tests, all of which he failed. He blew .111, five times the legal limit for a person under 21.
Attorney Pat McDonough argued that the stop was illegal, as our client did not violate traffic laws, and filed a motion to suppress. A judge accepted the motion and all evidence after the stop was precluded and the case was dismissed.
Criminal defense
Lumpkin County Homicide by Vehicle Dismissed
N/A
OUTCOME: Charges dismissed
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 Pat McDonough and Trinity 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.