Archive for the ‘Pat McDonough’ Tag

What to Do If Your Teen is Caught Shoplifting   Leave a comment

What to Do If Your Teen is Caught Shoplifting
by Patrick McDonough

 

Most parents are shocked when their child is caught for shoplifting. After all, these offenders are often good kids from good families that maintain above-average grades. One bad judgment call can result in an offense that is subject to both civil and criminal penalties. If prosecuted, the stigma can follow these young offenders longer than imaginable.

People tend to think of shoplifting as taking an item without paying for it. The offense, however, can take many forms. Aside from concealing or taking possession of merchandise, a shoplifting charge can be brought for altering or switching price tags, transferring unpaid goods from one container to another, or anything else wrongfully causing the amount paid to be less than the merchant’s stated price.

In the state of Georgia, offenders that are 17 years of age or older are prosecuted as adults. The child or teen is charged with a misdemeanor if the total retail value of the items adds up to $500 or less, which can lead to a maximum sentence of 12 months in jail and a $1000 fine. The charge becomes a felony if the retail value of the items exceeds $500, potentially leading to between 1 and 10 years incarceration in addition to any applicable fines.

If your child has been accused of theft, the first thing you should do is speak to a qualified criminal defense attorney. They will be able to advise you of what steps need to be taken and what to expect throughout the process.

Theft is something that retailers take very seriously, having cost them over $112 billion worldwide last year alone. There is a perception that stealing from larger companies creates less harm, but they are more likely than smaller retailers to have zero-tolerance polices. After the store notifies authorities, the arriving officer has the discretion to either issue a citation or arrest the suspect.

Unless handled properly, the arrest and conviction will remain on your teen’s permanent record for life. Even with Juvenile offenders, there are steps needed to seal the record.

The most important step a parent can take to keep their teen’s future safe is to call a qualified criminal offense attorney. Patrick McDonough and Trinity Hundredmark at Anderson, Tate & Carr, P.C. have combined experience of more than 30 years representing teens in shoplifting cases. For more information or to request a case evaluation, call our law office at (770) 822-0900.

Our goal is to reach the best possible outcome for our clients, and our attorneys are here to help your family through this difficult and stressful time. We have been very successful at getting shoplifting cases dismissed and the arrest expunged, all while preserving the child’s good name.

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Posted September 8, 2014 by mdukes2014 in Criminal Defense

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ATC Lawyers Continue to Fight for Kevin Kenerly

Pat McDonough and Trinity Hundredmark of Andersen, Tate & Carr, P.C. filed motions on behalf of their client, Kevin Kenerly, on May 14, 2012. We want to reassert our position: Kevin Kenerly is innocent. Every document we have reviewed and each witness we have interviewed confirms this. Nonetheless, we must continue to fight this prosecution at every stage, and therefore, filed our motions in accordance with the law.

 To highlight a few, we filed:

1. A General Demurrer showing the court that the statutes relating to the two misdemeanor charges were recently repealed. Therefore, these charges should be dismissed and the State barred from any future prosecution.

2. A Plea at Bar showing the court that we believe the statute of limitations has run on Count 1 (alleged bribery) and Count 2 (alleged 2005 misdemeanor) . As such, these counts should be dismissed, and the State barred from any further prosecution.

3. A Motion to Quash showing the court that we believe the Court lacked jurisdiction to enter the 2011 indictment because jurisdiction remained with the appellate courts on the first indictment, who was reviewing the issue of whether the Special Purpose Grand Jury had the power to indict Mr. Kenerly (the appellate courts held it did not, and that indictment was quashed). Jurisdiction was not reinvested in the Superior Court of Gwinnett County until remittitur was returned from the Court of Appeals, which incidentally, wasn’t until eight months after the second indictment. Accordingly, the 2nd indictment should be quashed.

Again, we hope to end this for our client as soon as possible, but if the case does ultimately go to trial, the evidence will show he is innocent.

Kenerly Wins Appeal   Leave a comment

 

Gwinnett County Historic Courthouse, Lawrencev...

Gwinnett County Historic Courthouse, Lawrenceville GA (Photo credit: Wikipedia)

On September 14, 2009, the Gwinnett County District Attorney, Danny Porter, requested that a special purpose grand jury be impaneled to investigate “[t]he acquisition of real property by the Gwinnett County Board of Commissioners.”

 On September 23, 2009, the Chief Judge of the Gwinnett County Superior Court entered an Order impaneling a special purpose grand jury. At the time when the Special Purpose Grand Jury was impaneled, Kevin Kenerly was the County Commissionerfor District 4 of Gwinnett County. 

 Kenerly filed an Objection and Challenge to the Gwinnett County Special Purpose Grand Jury.  The trial court held that “the Special Purpose Grand Jury was empowered to return criminal indictments based upon facts discovered during its investigation.” 

 Thereafter, Kenerly was indicted by the Special Purpose Grand Jury on October 11, 2010.  Kenerly’s attorneys, Patrick J. McDonough and Trinity Hundredmark, appealed to the Court of Appeals of Georgia, and argued that the legislative intent behind the statutes governing special purpose grand juries was clear from their plain language, meaning that special purpose grand juries only have the power to investigate and report, not indict.  “A special purpose grand jury has an investigative function similar to the FBI, GBI or the police, none of which have the power to indict,” McDonough explained.

 On July 6, 2011, the Court of Appeals agreed with McDonough and Hundredmark, reversed the trial court’s decision and held that a special purpose grand jury was not authorized to return a criminal indictment. 

 The District Attorney then appealed to the Supreme Court of Georgia.  On March 5, 2012 the Supreme Court denied the District Attorney’s petition for certiorari.  As a result, the indictment against Kenerly was dismissed.

 

Pat McDonough Earns DUI-Related Certification

Congratulations to our own Pat McDonough, who became certified in DUI Detection and Standardized Field Sobriety Testing using the NHTSA curriculum in early 2011.  This certification adds to the depth and breadth of knowledge that can be put to work for our clients in DUI cases.

Andersen, Tate & Carr to defend Gwinnett County Commissioner Kevin Kenerly on bribery indictment   Leave a comment

Earlier today, Pat McDonough and Trinity Hundredmark, attorneys for Gwinnett County Commissioner Kevin Kenerly, notified Governor Sonny Perdue of Kenerly’s decision to voluntarily suspend himself from office, effective immediately.

 “Though Commissioner Kenerly’s first instinct was to continue to work to represent the citizens of District 4 until the end of his term, Kevin came to realize that this matter has become an unnecessary distraction for the County staff, his fellow commissioners, and the citizens of Gwinnett County” said Pat McDonough.

“By voluntarily suspending himself, the Gwinnett County Commission can to move forward and finish the rest of this year without any more distractions.  In turn, Kevin can focus all of his energies on taking care of his family and responding to the pending charges.” said McDonough.

 Kevin Kenerly was first elected to the Gwinnett County Board of Commissioners in 1994 and was ultimately elected to a total of 4 consecutive terms. Kenerly represents District 4, which includes the northern part of Gwinnett County including the cities of Braselton, Lawrenceville, Buford, and Sugar Hill.

Mr. McDonough recently appeared on Fox5 News regarding his defense of Mr. Kenerly

Pat McDonough is a partner with the law firm Andersen, Tate & Carr, P.C. in Duluth, Georgia.

McDonough Obtains Plea Deal for Falcons’ Player Babineaux   Leave a comment

As reported on Foxsports.com and in the Atlanta Journal Constitution, due to a plea deal negotiated by Pat McDonough, Falcons defensive tackle Jonathan Babineaux will avoid jail time in a drug related case.

Pat McDonough and Trinity Hundredmark defend NFL player   1 comment

Pat McDonough and Trinity Hundredmark recently defended NFL Football player, Jonathan Babineaux, in a high profile case, and after seven months of work to prove their client’s innocence, they were able to convince the District Attorney to dismiss the case. The story received national attention from the media, and Mr. McDonough was featured in The New York Times, ESPN.com, The Washington Post, Forbes, Sports Illustrated, The Atlanta Journal Constitution and local Atlanta television news. The Atlanta Business Chronicle took notice of this case and Mr. McDonough’s efforts, and chose to profile Pat in a recent story.

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