Law Office of Paul W. Hamilton

Case Results


Results Matter

Results do matter. Below is a list of cases handled by Paul W. Hamilton and the outcomes.

  • State of Georgia v. T.LB.–Tift County Superior Court

    Client was charged with three other individuals with the Armed Robbery of the Shoney’s Restaurant in Tifton, GA

    Maximum penalty:
    Armed Robbery–minimum 10 years imprisonment up to 20 years imprisonment

    After three days of trial and jury deliberation, my client was found NOT GUILTY. The only evidence connecting my client to the crime was the testimony of one of the co-Defendant’s. My client was alleged to have stayed in the get away car while the other’s went into the restaurant. Remarkably, the investigator failed to test the inside of the car (the only place my client was alleged to have been) for fingerprints. After explaining to the jury that the only evidence offered was the allegation by an admitted armed-robber and that the investigation was unsatisfactory, they acquitted my client and he was freed from jail.

    Result:
    Armed Robbery–Trial by jury–NOT GUILTY
    Represented by: Paul W. Hamilton

  • State of Georgia v. S.C.–Lanier Superior Court

    Client was charged with two counts of aggravated assault and bringing a weapon on school property

    Maximum penalty:
    Aggravated assault (2 counts)–2 years to 40 years imprisonment
    Weapons on school property–2 years to 10 years imprisonment and fine of up to $10,000

    High profile case involving accidental stabbing of teacher at Lanier County High School. My client was being bullied at school by another student. Client reported the bullying but didn’t feel safe and took a knife to school with her the next day. When attacked by the other girl, client pulled out the knife to defend herself–the other student was cut and a teacher was accidentally cut trying to break up the fight. Local media took to the airwaves regarding the story and we quickly held our own press conference in front of the Berrien County Jail, where our client was being held, to tell client’s side of the story. The key to our case was a self defense claim and that the injury to the teacher was accidental. Further, the law enforcement investigation into the case was flawed. We also emphasized our client’s good grades and positive conduct record prior to this incident.

    Results:
    Aggravated assault charge against bully–Dismissed
    Aggravated assault charge against teacher reduced to reckless conduct–no jail, 12 months probation
    Weapons on school property–no jail, 5 years probation, community service, obtain GED
    First Offender Act–no felony conviction on client’s criminal history

  • State of Georgia v. G.O.–Atkinson County Superior Court

    Client was charged with child molestation and aggravated sexual battery

    Maximum penalty:
    Child molestation–5 to 20 years imprisonment
    Aggravated sexual battery–life imprisonment or minimum of 25 years imprisonment and probation for life

    State originally offered to allow client to serve 5 years in prison with another 10 years on probation with a fine of $2,500 and 100 hours of community service. Client was a 20 year U.S. Army veteran beloved by his nieces, nephews, and grandchildren with no prior allegations of misconduct toward any children. Further complicating the matter, these allegations where made against our client after prompting from the child’s mother after they watched an Oprah Winfrey special on child molestation together. After an extensive investigation by our law firm, we filed a motion contesting the validity of the child’s allegations pointing out the numerous problems with the investigation. After filing the motion, the district attorney offered a much more reasonable resolution.

    Results:
    Child molestation–Dismissed
    Aggravated sexual battery reduced to sexual battery with minor–no jail time, 5 years probation, $1000 fine, 80 hours of community Service
    Alford Plea–no admission of guilt, First Offender Treatment–no felony conviction on client’s criminal history

  • State of Georgia v. J.S.–Cook County Superior Court

    Client was charged with criminal damage to property after his ex-girlfriend accused him of cutting up her clothing after breaking up.

    Maximum penalty:
    Criminal damage to property 2nd degree–1 to 5 years imprisonment

    District Attorney’s office made no offer to resolve the case. Our law firm, after investigating the facts of the case, proceeded to trial of the case with a jury in Cook County, Georgia. The law enforcement investigation was awful–evidence was not collected, the scissors allegedly used to cut the clothing were not tested for fingerprints, and when my client was arrested they found no cutting objects on his person. The jury deliberated for 15 minutes before returning a NOT GUILTY verdict.

    Result:
    Criminal Damage to Property, 2nd Degree–Trial by jury–NOT-GUILTY
    Represented by: Paul W. Hamilton

  • City of Nashville v. F.M.–Municipal Court of Nashville, GA

    Client was charged with Failure to Maintain Lane and Driving Under the Influence (Refusal) after being found outside his vehicle which had been involved in a single vehicle accident

    Maximum possible penalties:
    Failure to Maintain Lane—1 year imprisonment, $100 fine
    Driving Under the Influence (Refusal)—1 year in imprisonment, $722 fine, 1 year hard suspension of license

    No witnesses were brought forward to place client behind the wheel of his vehicle and solicitor agreed to dismiss the charges. 

    Results:
    Failure to Maintain Lane—Dismissed
    Driving Under the Influence—Dismissed
    Represented by: Paul W. Hamilton

  • City of Nashville v. F.M.–Municipal Court of Nashville, GA

    Client was charged with Failure to Maintain Lane, Driving Under the Influence, and Driving Without a License

    Maximum possible penalties:
    Failure to Maintain Lane—1 year imprisonment, $1000 fine
    Driving Under the Influence —1 year imprisonment, $722 fine, 180 day suspension of license
    Driving Without a License—1 year imprisonment, $1000 fine

    Video of client obtained from Berrien County Sheriff’s Office showed client vomiting in his mouth approximately 3 minutes before being tested on the Intoxolizer 5000. [NOTE: Protocol requires individuals to be observed for a period of 20 minutes and if they burp or vomit, you have to wait another 20 minutes prior to testing due to mouth alcohol distorting the results of the machine.] 

    After bring these facts to light, the solicitor and officer agreed to a reduction of the DUI charge to reckless driving and a dismissal of the failure to maintain lane and driving without a license charges.

    Results:
    Failure to Maintain Lane—Dismissed
    Driving Under the Influence—Reduced to reckless driving, $807 fine, no jail time or probation
    Driving Without a License—Dismissed
    Represented by: Paul W. Hamilton

  • State of Georgia v. T.B.–Berrien County Superior Court

    Client was charged with peeping tom while at a tanning salon.

    Maximum penalty:
    Peeping Tom–1 to 5 years imprisonment and/or a fine of up to $10,000

    Investigation showed that there was personal animosity between the family of the accuser and my client. Allegations were only circumstantial with no physical evidence. In addition, client worked in Berrien County School System and was subjected to leave pending the outcome of the case. District Attorney’s office reviewed prior to indicting and dismissed warrant. Arrest against client was later expunged from client’s criminal history and client resumed his duties with the school system.

    Results:
    Peeping Tom–Dismissed
    Arrest Expunged from client’s criminal history
    Represented by: Paul W. Hamilton

  • City of Nashville v. J.D.C.–Nashville Municipal Court

    Client was charged with Speeding 66 in 45, Reckless Driving, and Driving Under the Influence (Refusal)

    Maximum possible penalties:
    Speeding—1 year imprisonment, $177 fine
    Reckless Driving—1 year imprisonment, $655 fine
    Driving Under the Influence (Refusal)—1 year imprisonment, $722 fine, 1 year hard suspension of license

    After reviewing the arrest report and video of the stop, it was determined that the arresting officer based his probable cause primarily on an improperly administered HGN (horizontal gaze nystagmus) test. Under cross-examination at the ALS (Administrative License Suspension) hearing, officer testified that the HGN test was conducted in accordance with prescribed standards. However, after later reviewing the video the arresting officer agreed that the HGN test was flawed and agreed/recommended to a reduction of the DUI to the lesser charge of public intoxication.

    Results:
    Speeding–$177 fine
    Reckless Driving—Dismissed
    DUI (Refusal) reduced to Public Intoxication—$299 fine, no jail time or inprisonment
    No probation or jail time
    Represented by: Paul W. Hamilton

  • City of Tifton v. A.T.–Tifton Municipal Court

    Client was charged with shoplifting items from local K-Mart.

    Maximum penalty:
    Shoplifting–up to 12 months imprisonment and/or a fine of up to $1,000

    Client forgot to remove all the items in her shopping basket at the cash register. After paying for the other items, she was stopped as she was leaving the store and offered to pay for the items that were accidentally left in the cart. Instead of allowing her to do so, K-Mart called law enforcement. Our law firm contacted the K-Mart manager who pressed charges and he refused to cooperate with our investigation. We moved for a trial of the case, the store manager did not appear in court on day of trial. We move for a dismissal of the charge which was granted by the court.

    Result:
    Shoplifting–Dismissed
    Represented by: Paul W. Hamilton

  • State of Georgia v. J.M.—Berrien County Superior Court

    Client was charged with forgery solely on the word of co-Defendant who implicated him in a scheme to pass a fraudulent money order obtained through the mail.

    Maximum penalty:
    Forgery 1st Degree: 1 to 10 years imprisonment

    We were able to obtain affidavits from several officers and employees of the local bank who was victimized indicating that they did not believe my client was responsible for the passing of the fraudulent money orders. In addition, local bank also noted that my client was a long standing customer held in high regard. After some discussion with the district attorney’s office, they reviewed the case prior to indicting my client and filed a motion to dismiss the charge.

    Results:
    Forgery—Dismissed; Charges Expunged from client’s criminal history
    Represented by: Paul W. Hamilton

  • State of Georgia v. D.F.– Irwin County Superior Court

    Client was indicted for robbery by force for beating up another individual and stealing their Playstation.

    Maximum penalty:
    Robbery by Force: 1 to 20 years imprisonment

    The initial pre-trial offer was for 20 years intensive probation, $1000 fine, community service. After careful review of the facts of the case and pointing out inconsistencies in the police reports and witness statements, a better pre-trial offer was obtained.

    Results:
    Robbery by force—5 years probation (no intensive probation), $500 fine, and 15 hours of community service
    First Offender Treatment–no felony conviction on client’s criminal history

  • State of Georgia v. F.L.R.– Berrien County Superior Court

    Client was initially arrested for burglary and battery after discovering his ex-wife with another man.

    Maximum penalty:
    Burglary: 1 to 20 years imprisonment
    Simple assault (family violence): 1 year imprisonment, $1,000 fine (unable to own a gun for remainder of life)
    Battery: 1 year imprisonment, $1,000 fine
    Criminal Trespass: 1 year imprisonment, $1,000 fine

    Interestingly, my client was the lease holder of the home he was accused of burglarizing (although, he did have to kick in the door because he did not have a key to the home). I worked with the ex-wife, who did not want her ex-husband to have theses charges, and the assistant district attorney to get a more favorable outcome.

    Results:
    Criminal Trespass: 12 months probation, early termination after 6 months, $250 fine, 40 hours of community service
    Burglary: Dismissed
    Simple assault (Family Violence): Dismissed — able to keep firearms rights
    Battery: Dismissed

  • State of Georgia v. B.T.– Ben Hill Superior Court

    Client arrested for armed robbery and aggravated assault.

    Maximum penalty:
    Armed Robbery: 10 years mandatory minimum up to 20 years imprisonment
    Aggravated Assault: 1 to 20 years imprisonment

    After being implicated only by two co-defendants, client was arrested for armed robbery and aggravated assault (parties to the crime). No other evidence existed connecting my client to the crime. We provided notice of alibi defense and the two co-defendants plead to the charge. The state then dismissed the charges against my client.

    Results:
    Armed Robbery: Dismissed
    Aggravated Assault: Dismissed