Legal News- Marietta Attorneys Dean Phillips Law Office

Motion to Suppress Evidence

August 30, 2016 No Comments

The Georgia Court of Appeals upheld a Cobb County conviction involving drug trafficking after rejecting a motion to suppress evidence based on an allegedly unlawful search.

The defendant was stopped for a cracked taillight and broken lens. After giving a false name and date of birth, officers lawfully arrested him and discovered methamphetamine, cash, and paraphernalia in the vehicle. The defendant attempted to flee but was apprehended shortly afterward.

The Court ruled that the initial stop was lawful, the arrest was valid, and the evidence obtained during the search was admissible. This decision reaffirms that when a traffic stop is initiated for a legitimate reason, evidence discovered during the process can support criminal convictions.

The ruling serves as a reminder of how traffic stops can quickly escalate into serious felony charges—and why having an experienced Cobb County criminal defense attorney is essential when challenging evidence in Georgia courts.

Cobb County Police Department Take Suggestions from Their Communities

August 30, 2016 No Comments

The Cobb County Police Department recently hosted two public meetings to hear directly from residents about policing expectations and community safety concerns.

Held at South Cobb High School and in east Cobb, the sessions gave citizens the chance to discuss issues like racial bias, traffic stops, and community engagement. One resident expressed concern for her two sons, emphasizing the need for more transparency in how officers conduct stops and suggesting better data tracking to compare perception versus reality.

Laundry List of Complaints

August 18, 2016 No Comments

The Georgia Court of Appeals upheld a Cobb County woman’s conviction for child cruelty, sexual exploitation, and aggravated sodomy after reviewing numerous complaints she raised against her trial proceedings.

The defendant argued that her motion in limine was wrongly denied, her trial attorney performed poorly, and juror misconduct warranted a mistrial. However, the Appeals Court determined that each issue was properly handled under Georgia law.

Smyrna and Cobb County Police Departments Seeking Upgrades

August 18, 2016 No Comments

The Smyrna and Cobb County Police Departments are investing in new technology to improve safety, transparency, and accountability across their communities.

The Smyrna Police Department was awarded the Edward Byrne Memorial Justice Assistance Grant, allowing it to replace aging equipment and upgrade forensic tools and identification software. These enhancements will help officers connect evidence to suspects more effectively, supporting faster and more accurate investigations.

You Have the Right to Remain Silento?

August 18, 2016 No Comments

The Miranda rights—a cornerstone of American criminal law—are designed to protect individuals during police questioning. But what happens when they’re mistranslated?

The American Bar Association’s Special Committee on Hispanic Legal Rights is addressing this issue by standardizing the Spanish translation of Miranda rights. Currently, many officers rely on their limited Spanish skills or unqualified translators, often leading to errors that can dramatically affect court outcomes.

Two Teenaged Gang Members Shoot Marietta Police Officer

August 18, 2016 No Comments

Two teenagers are facing serious felony charges after allegedly shooting a Marietta Police officer responding to a vehicle break-in call. The Marietta Daily Journal reports that the incident occurred before dawn at a local apartment complex, where three officers confronted the suspects.

Police say the teens, believed to be members of the Bloods gang, fired at officers, injuring a ten-year department veteran in the leg. One suspect was also injured during the exchange. Both 15-year-olds were arrested and now face multiple felony counts, including aggravated assault on a police officer, firearm possession, theft by receiving, and violation of Georgia’s Street Gang Terrorism and Prevention Act.

Marietta Police Department Welcomes Your Input

August 15, 2016 No Comments

The Marietta Police Department is encouraging open communication with the community in an effort to strengthen trust and transparency between citizens and law enforcement.

A public forum will take place Wednesday, August 17th, at 6:30 PM in the Marietta Council Chamber at City Hall. Officers will be present to answer questions, listen to concerns, and address issues directly from residents.

Boundaries for Campus Police Jurisdiction

August 8, 2016 No Comments

The Supreme Court of Georgia recently clarified the limits of campus police authority in DUI and traffic-related arrests. The ruling arose from a Cobb County State Court case, where a Kennesaw State University police officer arrested a driver off campus for DUI, failing to maintain lane, and operating without headlights.

Georgia’s Civil Forfeiture Statute Costs a Defendant Over $12,000.00

August 8, 2016 No Comments

A Cobb County defendant lost over $12,000 and personal property after a police search led to the seizure of cash near alleged drug evidence. The funds were condemned under Georgia’s Civil Forfeiture Statute (O.C.G.A. § 16-13-49), which allows the state to confiscate assets linked to suspected criminal activity.

Qualifications of Expert Witness

August 1, 2016 No Comments

The Supreme Court of Georgia recently clarified the qualifications required for expert witnesses in medical malpractice cases.

The case originated in DeKalb Superior Court, where the trial judge dismissed a lawsuit after ruling that the expert witness did not meet the requirements of O.C.G.A. § 9-11-9.1(a). The Court of Appeals upheld that decision, but the Georgia Supreme Court found procedural errors and returned the case to the lower court for reconsideration.