State v. T.Z. – Drug Trafficking

T.Z. was arrested and prosecuted for possessing over ten pounds of Marijuana.  T.Z. arrived at a residence in the city of Atlanta as DEA agents were serving an arrest warrant.  Before meeting with a lawyer T.Z. made incriminating statements.  T.Z. was facing a mandatory minimum of five years in prison.

T.Z. parents immediately contacted Mr. Lynch.  It became clear that the search and investigation of T.Z. was done in violation of her rights.  Mr. Lynch challenged the right of the State to even investigate T.Z. with a pretrial motion to suppress.  The Assistant District Attorney believed there was a good chance T.Z. could win the motion and the case.

Mr. Lynch based on the circumstances of the search was able to get the prosecutor to reduce all charged on his client to misdemeanor marijuana.

State v. R.C. – DUI (Breath Test Over .08), Marijuana, Reckless Driving

R.C. was driving back to his home in Dekalb County after leaving a friend’s party.  R.C. was stopped and investigated for a DUI within a block of his Ellenwood home.  The police arrested him and he submitted to the State’s breath test.  After being arrested the police searched his car and found a small amount of marijuana.   The results of the State’s breath test were over the legal limit of .08.  R.C. is a driver for the United States Postal Service and could not be convicted of either DUI or Marijuana.

R.C. hired Andrew Lynch to save his license, save his record, and save his job.  At the ALS hearing the arresting officer unilaterally withdrew his license suspension of R.C.  The officer remembered Attorney Lynch from when he worked with the Officer during training at the Dekalb County Police Academy.

R.C. needed more than his license saved, during a motion to suppress the Judge suppressed R.C’s. breath test because the state could not prove it was obtained legally.  Next, the State was not able to prove the marijuana was actually marijuana to the certainty Georgia law requires.  R.C. case was reduced to a traffic violation and he is still at work today.

State v. J.K. – Serious Injury by Vehicle

J.K. was the designated driver on New Year’s Eve.  After midnight a group of people dashed out in front of his car.  J.K. slammed on his brakes but still struck many of the pedestrians.

The Atlanta Police Department arrived, J.K. admitted to striking the people in the road and also admitted to drinking a few hours prior.  J.K. was charged.

J.K. believed he had done nothing wrong and was not interested in any plea deal.  Mr. Lynch took the case to trial and argued that J.K. was not guilty because the pedestrians dashed out in front of him.  J.K. was found not guilty.


State v. A.M. - Armed Robbery, False Imprisonment, Kidnapping, Aggravated Assault, Sexual Battery

A.M. was accused of Armed Robbery, False Imprisonment, Kidnapping, and Aggravated Assault against two separate women at two separate times.  A.M. maintained his innocence.  The State had multiple witnesses, DNA, and a lot of physical evidence supporting their case.  A.M. was facing the possibility of life in prison.

As part of the defense, a thorough pretrial investigation was conducted.  The investigation revealed that the State's star witness had been arrested for since making the accusations against A.M.

Armed with this information, the prosecutor was approached and a negotiated plea was worked out to a misdemeanor and no prison or jail time for A.M.


State  v. J.W. – Murder, Armed Robbery

J.W. was arrested for Murder and Armed Robbery.  The case was built on neighborhood gossip and circumstantial evidence only.  There were no witnesses, incriminating statements, or physical evidence tying J.W. to the murder.

Andrew Lynch represented J.W. at his preliminary hearing where the State has to satisfy there is enough evidence to even hold J.W. for the Murder.  After the hearing was over the Judge agreed with Mr. Lynch that the State’s case was built only on suspicion and dismissed the case.

State v. V.M. – Felony Cocaine, Bond

V.M. was arrested for trespassing and cocaine.  Attorney Lynch was contacted within hours of her arrest and visited V.M. in the Fulton County Jail.  V.M. wanted out immediately.  Andrew Lynch was able to get a Judge and Fulton County Assistant District Attorney to consent to bond within hours and V.M. was released.

V.M. with Mr. Lynch’s help received treatment for her substance abuse issues before being arraigned and her prosecution was approved for a diversion program.

State v. L.W. - Burglary

L.W. was stopped by an officer for looking nervous and suspicious.  During the stop, the police were told to be on the look out for a burglary suspect fitting L.W.'s description.  When the police questioned L.W. about the burglaries, she confessed to multiple burglaries.  She also showed Detectives the property reportedly taken in the burglaries an hour before.  

Mr. Lynch filed a motion to suppress the evidence, which led to L.W.'s case being dismissed.  At the motion, Mr. Lynch argued L.W. had been stopped illegally.  The judge agreed that the officer violated L.W.'s rights by stopping her.  Every piece of evidence was thrown out of court.  With no evidence, the State was left with no choice but to dismiss L.W.'s case.

State v. J.M. – Illegal Stop, Marijuana

J.M. was stopped for fitting a profile that is likely to have drugs.  J.M. and a friend entered a motel in the wrong part of town and quickly went in and out of a room.  Police had the room under surveillance.  J.M. was stopped immediately, drug dogs searched his car, and drugs were found.

At J.M.’s motion to suppress in Dekalb County the Judge ruled there was no reason to stop J.M. other than the Officer’s hunch and that was not good enough.  J.M.’s drugs were suppressed and his case was immediately dismissed.

State v. L.M. -  DUI

L.M. was stopped at three A.M. for speeding on I-85.  The stop was conducted by a specially trained DUI Task Force Officer.  The Officer approached L.M.'s car.  The Officer asked if  L.M. had used drugs or alcohol that night.  L. M. confessed to having smoked marijuana.

L.M. immediately took and failed all the Officer's field sobriety tests and was arrested for DUI.  Once L.M. was booked into the county jail, he took the State's chemical test and failed.

L.M. drives for a living.  If he had been convicted of DUI, he would have lost his job.

Mr. Lynch took L.M.'s case to trial.  Mr. Lynch attacked the Officer's credibility and the value of the road side field sobriety tests.  After the Officer testified, the Georgia Bureau of Investigation crime lab analyst took the stand.  Under cross-examination, she admitted the State's chemical test only showed L.M. had used drugs and not that he was under the influence at the time of his arrest.

The jury found L.M. not guilty of DUI.  L.M. still drives for a living today.

 
State v. D.B. - Pimping

D.B. chose the wrong moment to speak to an attractive woman at the gas station.  This woman was an undercover vice cop.  D.B. was arrested and thrown in the jail, charged with pimping.  D.B. had done nothing more than have a five minute conversation, but that conversation could have cost him years in jail.  

Mr. Lynch took D.B.'s case to trial.  After the State presented their evidence, Mr. Lynch convinced the judge to throw the case out of court. The judge directed a not guilty verdict on all counts because he agreed with Mr. Lynch's argument that, based on the evidence presented at trial, no one could find D.B. guilty of pimping.
 
State v. G.W. - DUI (Accident Case)

G.W. came home from work and had a beer with his dinner.  Later he went to the store.  On the way home, he wrecked into another car.  G.W. was injured and confused when the police arrived.  After taking a few statements and smelling beer on G.W.'s breath, the officer assumed G.W. was DUI and arrested him.  At the county jail, G.W. consented to every type of chemical test the state requested.

G.W. had lived the first fifty years of his life without a conviction and could not have one now. G.W. drove for a living and would lose his job if convicted.  Mr. Lynch prepared the case for trial. On the morning of trial, the State approached Mr. Lynch and offered to reduce G.W.'s charges to reckless driving.  G.W. took the deal.

G.W. still has his license and his job.

State v. V.M. - Family Violence Battery, Battery, Disorderly Conduct

V.M. crossed paths with an ex-girlfriend. Their relationship ended on bad terms.  An argument ensued and the police were called.  When the police arrived, they believed her version of events.  In a desperate attempt to stay out of jail V.M. made an incriminating statement.  V.M. was arrested and charged with several violent crimes.

Not willing to accept anything less than the case being dismissed, Mr. Lynch prepared V.M.'s case for trial.

Mr. Lynch had a pretrial motion and argued that V.M.'s statement was made in violation of his Miranda rights.  Mr. Lynch won the motion and V.M.'s incriminating statement was kept out of his trial.  During the trial, Mr. Lynch exposed V.M.'s ex-girlfriend's story for what it was, unbelievable.

The jury returned a verdict of not guilty in under twenty minutes.


State v. D.B. Felony Theft
D.B. was a terrible business man.  So terrible that the State accused him of committing a felony theft.  Many things had happened to bring D.B. to the position he was in, but D.B. never intended to steal anything.  D.B. was a terrible business man but he never had the intent to commit a theft.  
Andrew prepared D.B.'s case for trial.  In closing Andrew argued to the jury D.B. did everything the State accused him of but he never intended to steal anything.  D.B. was just a bad business man.  The jury agreed and found D.B. not guilty of felony theft.

State v. S.N. DUI (Breath Test Over .08)

S.N. was driving to pick up her boyfriend.  S.N. did not know he had been stopped by the police. The police stopped S.N. to question her about her boyfriend's story.  S.N. was doing nothing wrong.  The officer thought he smelled alcohol and pursued a DUI investigation against S.N.  After being arrested S.N. took a breathalyzer at the jail and blew well over the legal limit.

Andrew pursued a pretrial investigation of the arresting officer.  In response to Andrew's subpoenas the Georgia Peace Officer and Training Council turned over a troubling employment history of the arresting officer.  The Officer had a checkered past and had been fired from many other law enforcement agencies.  Andrew obtained the records from the other police agencies.  These records contained countless episodes of police misconduct.  When the prosecutor saw her star witness' past she dismissed the case.

State v. C.J. Marijuana

C.J. was drinking at a friend's apartment late at night.  The police approached C.J. and his friends about what they were doing.  As the police came up they claimed to see C.J. throw something behind a wall.  After handcuffing C.J. and searching him the police looked behind the wall.  There they found a green leafy substance and arrested C.J. for possession of Marijuana.

In preparing C.J.'s case for trial it came to Andrew's attention the state had not provided C.J. with any scientific test proving the green leafy substance was in fact marijuana.  The day of trial Andrew alleged the State had violated C.J's right to scientific evidence and that the State could not prove the alleged substance was marijuana.  The State dismissed C.J.'s case the day of trial.

State v. C.M. DUI (Breath Test over .08)

C.M. worked as a fire fighter and could not be convicted of a DUI.  After a night out C.M. was stopped for speeding and detained while officers responded to investigate C.M. for DUI.  Andrew did not believe the Officers had enough evidence to arrest him for DUI and ask C.M. for the incriminating breath test.  In a pretrial motion to suppress very serious allegations came out about C.M. potentially pointing a pistol at the stopping officer that night.  The judge found it was close but the officer had enough evidence to arrest C.M. for DUI.

Knowing that C.M. had to have his charge reduced or face losing his job.  Andrew approached the state and court with an offer that would satisfy everyone.  The state agreed and C.M. charged was reduced to reckless driving.

Remember if you have been charged with a crime,
call Andrew R. Lynch today at (404) 373-7735.