Criminal Defense

Phone (678) 387-6920 / Cell Phone (404) 932-3099 / To Email Sean Click Here

Proudly Serving Atlanta, Georgia and the surrounding Counties of Fulton, Cobb, DeKalb, Gwinnett, and Clayton.

Experienced in Georgia Criminal Law and Procedure

With over 14 years of experience, Sean has developed the skills and experience that are essential for the proper evaluation and practice of criminal defense law.  Facing criminal charges alone can be serious mistake.  Having a well-equipped criminal defense attorney that understands Georgia criminal law and procedure can make the difference between a clean record and doing time in jail.  If you have been charged with a crime, do not talk to the police.  Call our office immediately so Sean can put his expertise to work for you. 

To visit the Criminal Defense Practice Center Page click here.

Variety of Crimes Handled

At The Law Office of Sean J. McIlhinney the first consultation is free.  Sean handles a broad range of criminal cases including DUI, all drug charges, minor traffic violations, license suspension matters, sex crimes, bond matters, probation revocation issues, misdemeanors, and felonies. A large percentage of Sean’ practice in criminal defense includes DUI cases and young adults (minors) who have been arrested or charged with a traffic citations or alcohol related offense.  Oftentimes, Sean’s clients have their driver's license and criminal record are on the line.

Well Respected in the Legal Community

Sean continues to have solid and mutually respectful relationships with the Metro County prosecuting offices, including Fulton, DeKalb, Cobb, Gwinnett, Douglas, Rockdale and Clayton. Sean also has strong and good relationships with City of Atlanta and numerous Municipal Courts such as Doraville, Chamblee, East Point, Roswell, Alpharetta, and Stone Mountain. In fact, The City of Atlanta employs Sean as defense counsel when indigent defendants cannot be represented by the Public Defender.  Consequently, the client always receives strong and effective representation whether the case is resolved by negotiation or trial.

Strong Negotiating Skills

Often times, Sean is in a position to help clients attempt to secure Pre-trial Intervention during negotiations. If the charges are serious and the client has never been sentenced under the First Offender Act, Sean will fight for First Offender Treatment at sentencing to protect the client's clean record. Unfortunately, many defendants, some who are even represented by lawyers, unknowingly plead guilty or no contest to many crimes or traffic violations not realizing the collateral consequence of the entered plea. As a result, the Defendant is later notified by mail that his or her driver's license is revoked or suspended as a result of the plea that was entered. Sean personally evaluates your case and clearly explains your options; the elements of the alleged charge, and potential liability so there are no surprises.

Sean has prepared the following article on Georgia criminal law for your review.  Please read it at your leisure.  If you have been charged with a crime, call Sean immediately at (404) 321-7733, ext. 104 for a free consultation.

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BRIEF OVERVIEW OF GEORGIA'S LAW ON DRUG CRIMES, LICENSE SUSPENSIONS AND PAROLE

BY SEAN J. MCILHINNEY - GEORGIA CRIMINAL DEFENSE ATTORNEY © January 2001

* Please note that the Legislature proposed numerous criminal law changes during the 2001 legislative session. Some of these proposed changes may be effective as of the reading of this article and are not yet reflected in this overview.

DRUG CRIMES

Under Georgia law, the driver's license of any person convicted of possession or sale of marijuana, or any other controlled substance as defined by Georgia law, will be suspended. For the first conviction within a five-year period, the minimum license suspension is 180 days, after which time the driver's license may be reinstated upon submission of a Drug Use Risk Reduction Program and payment of a restoration fee. For the second conviction within a five-year period, the period of suspension is three years. However, after one year the driver may apply for reinstatement upon submission of a Drug Use Risk Reduction Program and payment of a restoration fee. Upon the third conviction within five years, the driver's license shall be suspended for a period of five years. However, after two years, the driver may apply for a limited permit for the remainder of the term.
Strong criminal defense representation is needed in a drug case to determine if the State's evidence was obtained legally. If alleged contraband was illegally secured by the State in violation of the Fourth Amendment, the State cannot introduce this evidence at trial. Defendants should be aware that the Court may require that they raise this possible defense at arraignment by filing a Motion, or otherwise such defense is waived. An experienced defense attorney can also determine if other defenses are potentially available to a defendant. If no defenses are available, a knowledgeable defense attorney is often able to structure the plea so that the defendant's driver's license is not suspended.

LICENSE SUSPENSIONS

Excluding that which has already been discussed in this article (i.e. DUI and drug convictions), the Department of Public Safety will suspend the driver's license of any person convicted of various offenses, some of which include:

1. Homicide by vehicle
   
   
2. Any felony in the commission of which a motor vehicle is used
   
   
3. Hit and run or leaving the scene of an accident
   
   
4. Racing on highways and streets
   
   
5. Using a motor vehicle in fleeing or attempting to elude an officer
   
   
6. Fraudulent or fictitious use of or application for a license
   
   
7. No proof of insurance
   
   
8. Any person who obtains 15 or more points within a 24-month period (measured by dates of infraction)

The duration of the suspension and the prerequisites to reinstatement vary according to the actual offense and whether the defendant has prior convictions. An experienced defense attorney is important in a traffic violation case to determine if the driver's license is at risk. Further, a knowledgeable defense attorney is often able to structure a plea to save a driver's license if it is at risk.

LICENSE SUSPENSION ISSUES FOR DRIVERS UNDER 21 YEARS OF AGE

As everyone knows, this issue has become a political hot potato. In fact, the State has suspended more than 500,000 underage driver's licenses since 1997, when the Teenage and Adult Responsibility Act of 1997 was enacted, to August 6, 2000. Many of these young persons' licenses could have likely been saved had they only understood the consequences of their plea as well as their rights and potential defenses. Remember, the State must still prove a defendant's guilt beyond a reasonable doubt in these cases and a skilled defense attorney can often times negotiate a license saving plea by recognizing weaknesses in the State's case and presenting other important information. Simply put, an under 21 years of age driver will lose his or her license if convicted of any of the following offenses:

1. Speeding in excess of the posted limit by 24 miles per hour or more
   
   
2. Hit and run
   
   
3. Leaving the scene of an accident
   
   
4. Racing
   
   
5. Fleeing or attempting to elude a law enforcement office
   
   
6. Reckless driving
   
   
7. Unlawful passing of a school bus
   
   
8. Improper passing on a hill or curve
   
   
9. Any offense for which 4 or more points are assessed
   
   
10. Under age purchase of an alcoholic beverage
    
    
11. Under age possession of an alcoholic beverage while operating a vehicle
    
    
12. Misrepresentation of age for the purpose of illegally obtaining alcohol
    
    
13. Using false identification for the purpose of obtaining alcohol
    
    
14. DUI

No limited driving permit is available for any driver whose license is revoked under these provisions, nor are there any provisions for early reinstatement. Further, a plea of nolo contende (no contest) will not save a driver's license in these cases. In rare cases, a skilled attorney can set aside the guilty plea, which caused the suspension, and renegotiate the case, thereby saving the underage driver's license.

PAROLE

An amendment to the Constitution of Georgia, effective January 1, 1995, abolished parole for the following seven crimes:

1. murder
   
   
2. rape
   
   
3. kidnapping
   
   
4. armed robbery
   
   
5. aggravated sodomy
   
   
6. aggravated sexual battery
   
   
7. aggravated child molestation

Further, persons convicted of any of the above seven crimes must be sentenced to life without parole. Georgia also has a "two strike" law, which mandates a minimum mandatory prison sentence of 10 years for a first offense and a mandatory life sentence without parole if convicted of a second strike.

Also, persons convicted of a fourth subsequent felony must serve 100% of that fourth felony sentence. Moreover, in Georgia a person must serve a minimum of 90% of his sentence before he can become eligible for parole consideration if convicted of one of the following twenty crimes:

1. child molestation
   
   
2. cruelty to children
   
   
3. enticing children for indecent purpose
   
   
4. statutory rape
   
   
5. incest
   
   
6. feticide
   
   
7. aggravated stalking
   
   
8. aggravated assault
   
   
9. aggravated battery
   
   
10. criminal attempt to commit murder
    
    
11. voluntary manslaughter
    
    
12. involuntary manslaughter
    
    
13. robbery
    
    
14. car hijacking
    
    
15. bus hijacking
    
    
16. residential burglary
    
    
17. aggravated battery on a police officer
    
    
18. aggravated assault on a police officer
    
    
19. vehicular homicide while DUI

If you are in need of legal assistance in any of the above areas, do not hesitate to call the firm for a FREE consultation.

Top Notch Counsel -- Experience Counts

Sean J. McIlhinney
Attorney at Law
4036 Wetherburn Way
Suite A
Norcross, GA 30092
Phone (678) 387-6920
Cell Phone (404) 932-3099
Fax (673) 387-6926
To Email Sean Click Here