Archive | 2015

GEORGIA'S MOVE OVER LAW

GEORGIA’S MOVE OVER LAW This might not be the most exciting column in the paper today. But, it is worth taking a glance at. There is a relatively new law in Georgia that has and will continue to save the lives of motorists, police offi [...]

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THE MEANING OF CHRISTMAS

THE MEANING OF CHRISTMAS For many years, the holiday season was a dangerous time for me. I had too much free time, negative thoughts, anger and fear. This would always lead to unhealthy actions. I would beg God to bring in January with its [...]

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DANE GARLAND BECOMES PARTNER AT SWINDLE LAW GROUP, P.C.

Swindle Law Group, P.C. is honored to formally announce that Dane M. Garland has become a partner with the firm. [...]

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HONOR OF JURY SERVICE

HONOR OF JURY SERVICE Most of the time, getting a summons for jury service in the mail does not produce feelings of happiness or excitement. We live in the busiest society in the history of the world. Serving on a jury means that there i [...]

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WING MEN

During World War II, my grandfather, James Aaron Swindle (Papa James), was a bomber pilot who flew numerous missions over occupied Europe and the Reich. During those missions, many of his fellow pilots would not return. It was a reality in [...]

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A TIME FOR THANKSGIVING

The holidays affect people in different ways. Some experiences are good, some are challenging, and some are just like other days of the year. I have struggled with the holidays for many years. I have never been able to pinpoint the reason. [...]

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GUN VIOLENCE AND GUN OWNERSHIP

Gun violence against innocent and unarmed victims has seemingly escalated in the past few years. You may notice that these vile and evil men do not seek victims who may be in a position to defend themselves. Mentally ill or not, they target peo [...]

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GRATITUDE

GRATITUDE I am sitting in a white oak tree in Meriwether County hunting for deer. I just saw a small 8 – point buck too small to harvest this year. What a blessing though. I love to experience the outdoors whenever I get the chanc [...]

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BOOK NOW AVAILABLE ON KINDLE AT AMAZON - THE VERDICT IS IN - FIX THE CRIMINAL JUSTICE SYSTEM

The book, THE VERDICT IS IN - Fix the Criminal Justice System is now available in Kindle version. Paperback will come out next week. [...]

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SECOND CHANCE FOR CONVICTED FELONS

The stigma of being a convicted felon in Georgia is staggering. Convicted felons are shunned by society, lose important rights, and miss out on lucrative job opportunities. The state of Georgia loses as well when we have a large number of c [...]

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GEORGIA'S MEDICAL AMNESTY LAW

Governor Deal signed a bill last year that could save lives, but is not widely known. Georgia is now the 19th state to pass limited prosecution immunity to people calling emergency services to help save someone suffering from an overdose. The [...]

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A SINGLE SOLITARY MONK

When coming up with ideas for columns, I often look to men and women who possess great courage. This may be because I am oftentimes lacking in that area. The middle ages in Europe was a time when men shaped the world as we know it today. W [...]

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PRE-TRIAL RELEASE OF LOVED ONES

For the vast majority of our community, being arrested and placed in jail is the furthest thing from thought. However, many people have had loved ones, friends, or family placed in jail for an alleged crime. How do we treat these folks who [...]

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WHY ARE MOST ROADBLOCKS LEGAL?

Under most circumstances, a law enforcement officer cannot just perform a traffic stop on a vehicle. The officer must have what is called “reasonable, articulable suspicion” that a crime or traffic violation (such as DUI) has occurre [...]

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TWO WEST GEORGIA WARRIORS PASS AWAY

It has been a tough couple of weeks for our community. During that small time period, two legal warriors have passed away; Jim Hopkins and Allen Trapp. While the passing of both men has been a terrible loss for the legal community, the comm [...]

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ANOTHER WIN FOR CIVIL RIGHTS

ANOTHER WIN FOR CIVIL RIGHTS IN FLORIDA I did not realize this until today. Doctors in Georgia ask parents of patients whether they have firearms in the home. In the past, some citizens in Florida have had to undergo a barrage of gun ownersh [...]

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SUCCESS OF MENTAL HEALTH COURT

While Georgia has made significant progress with “aacountability courts” like drug and DUI courts, we are still lagging behind on perhaps the most important type of court; mental health courts. My experience shows a tremendou [...]

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DEMONSTRATE YOUR TRUST IN GOD

For we do not wrestle against flesh and blood, but against principalities, against powers, against rulers of darkness of this age, against spiritual hosts of wickedness in the heavenly places. -Paul’s letter to the Ephesians – 6:12 & [...]

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WE NEED TO RETIRE THE DEATH PENALTY

On its face, I am a supporter for capital punishment. It is Biblically based, serves justice in some circumstances, and ends the lives of some of the most evil men roaming the face of the Earth. I care very little for the opinion of the inter [...]

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A NEW HOPE

A NEW HOPE In 2012, I wrote a column on the aspect of hope in our lives. I also mentioned that the Rev. Tommy Greer believes that Satan has a shed where he keeps his tools of evil. Addiction, depression, hate, and anger are just a few of Satan [...]

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DUI CONSEQUENCES ARE SEVERE

Everyone know that drinking and driving is a bad idea. However, the law changes every year (usually after July 1). The consequences change as well. The worst consequence is killing/seriously injuring someone else. The next is doing this [...]

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BENEFITS OF DUI COURTS

It is such a breath of fresh air to see men and women step up and take positive action to improve our criminal justice system. The introduction of drug courts and mental health courts have been a blessing on the State of Georgia in so many ways. [...]

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SUPPORT RE-ENTRY COALITIONS

In recent years, re-entry coalitions or programs have been created all across the country. In general, a re-entry coalition is an organization functioning on a local level that: 1. assists parolees reintegrate into society; 2. helps to r [...]

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AMERICA'S FIRST DETECTIVE

Today, prosecuting criminal cases is a form of art. Detectives, crime lab personnel, and district attorneys get to work with scientific evidence like DNA sampling, fingerprint analysis, and ballistics testing. Solving crimes is still diffic [...]

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SEALING JUVENILE RECORDS IN GEORGIA

Some of us, including me, did some pretty stupid things when we were kids. Since children can be prone to make mistakes as they mature, the overall purpose of the juvenile court system is to rehabilitate and treat kids, not punish them. The [...]

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AMERICA'S TOLERANCE OF DISSENT

Since the American Revolution, America has shown the highest level of human tolerance for dissenting views in world history. Dissenting views are generally defined as views of the numerical minority of people in a country or voices that speak ag [...]

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HATE SPEECH LEGISLATION TO RESURFACE

During the last 30 days, the United States has gone through a material change. Supreme Court decisions, senseless violence, and the reaction to violence has many Americans calling for the regulation of “hate speech” in our criminal c [...]

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A RETURN TO FEDERALISM

You may have heard the term “federalism” from time to time over the years. But what does it mean? Well, federalism, unlike democracy, is the foundation of the governmental structure of the United States. Federalism is a system [...]

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Political Prosecutions

Politically motivated prosecutions have been a part of Washington culture since Democrat President Andrew Johnson barely escaped conviction on articles of impeachment brought by the House of Representatives in 1868. Fortunately, he was rightly [...]

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THE EFFECTS OF INCARCERATION ON FAMILIES

I am thankful that I received an email from Emily Ghant of the Atlanta Bar Association last week. Her email prompted me to consider expressing my thoughts on how incarceration affects real people every day. The effect is negative in almost [...]

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RULES OF THE ROAD - TEENAGE DRIVING

While fighting off writer’s block this week, I ran across a great column written by my friend and colleague, Kathryn Boortz. (Yes, she is related to Neal by marriage). She is also an excellent lawyer and legal columnist. Her website [...]

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GUN OWNERSHIP FOR SOME FELONS

In Georgia, as in most other states, convicted felons cannot possess firearms. On its face, this seems like responsible public policy. However, this broadly written law only partly addresses the logic for its passage; convicted felons are dange [...]

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THE FORENSIC EFFECT

I am amazed and excited that so many Americans have an interest in forensic science. When striking juries, I used to ask how many jurors watched television shows like CSI, Law and Order, and Forensic Files. Now, I just ask how many jurors do no [...]

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NEVER GIVE UP

With the recent suicides in the west Georgia area, I was lead to write about my thoughts regarding the issue and other problems that life presents. By the way, my heart goes out to those families who are suffering because of the recent suicides. [...]

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FIGHT FOR OUR POLICE OFFICERS

FIGHT FOR OUR POLICE OFFICERS Over the past few months, our law enforcement community has been under siege from the national media, “civil rights activists”, and others who would prefer lawlessness over law and order. Recently, I [...]

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OUR NEW ATTORNEY GENERAL

Our nation should be grateful that former Attorney General, Eric Holder, has resigned. He mismanaged the Justice Department, was too close to the President, and did not have a firm grip on Constitutional principles. Now, we have a new era w [...]

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THE MAN IN THE ARENA

One of the most interesting and courageous American statesmen was Theodore Roosevelt. The 26th President of the United States was a man of many passions, political views, and contradictions. I don’t know that it would be possible to s [...]

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PRESS RELEASE - THE NATIONAL ASSOCIATION OF DISTINGUISHED COUNSEL

THE NATIONAL ASSOCIATION OF DISTINGUISHED COUNSEL PRESS RELEASE Jason W. Swindle Sr., of Swindle Law Group P.C., has been selected to the 2015 list as a member of the Nation’s Top One Percent by the National Assoc [...]

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DRUG DOGS IN GEORGIA

My Bassett Hound, Tiberius, has a nose that can pick up on just about any scent. If we accidentally let him out of the back yard, he will always pick up on a smell and “off he goes.” Sometimes, we find him over a mile from home. Continue Reading

2015 GEORGIA CRIMINAL JUSTICE REFORM

Governor Deal and a bipartisan General Assembly continued this year in improving Georgia’s criminal justice system. As the 2015 legislative session ended last week, three bills were passed by both houses and are expected to be signed b [...]

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SUPERHEROES

The idea of a superhero brings to mind famous military commanders, knights in shining armor, and men and women who put their lives at risk to save others for no reward of any kind. The idea also brings to mind mythical heroes like Superman, Herc [...]

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VIDEO CONFERENCING WOULD BENEFIT TAXPAYERS

A few months ago, I wrote a column about video conference hearings in Georgia. This is an issue that is important to our state and to fiscal conservatives like me. Much has happened since my last column. I wanted to update the community on the [...]

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GEORGIA'S DOCTOR SHOPPING LAW

The government is cracking down on the illegal possession of legal drugs. I first noticed this when recently the class of drugs including Hydrocodone was moved from a Schedule III Controlled Substance to a Schedule II. Schedule II Controlle [...]

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THE ATF'S PROPOSED BULLET BAN

Constitutional scholars and other protectors of the 2nd Amendment are trying to block a proposed ban on certain kinds of bullets by the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) The BATFE, also known as the ATF, is a federal [...]

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THE IDES OF MARCH

There is a reason that Brutus and Cassius were placed in the lowest depths of the Inferno in Dante’s Inferno. They are punished in this poem for their assassination of Julius Caesar during the Ides of March (44 B.C.). Julius Caesar wa [...]

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MY INTERVIEW WITH JUDGE TRAVIS SAKRISON

MY INTERVIEW WITH JUDGE TRAVIS SAKRISON On Wednesday, I had the opportunity to interview the newest and 7th superior court judge of the Coweta Judicial Circuit, Travis Sakrison. Last year, the General Assembly recognized that with the [...]

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WE DO NOT NEED MANDATORY MINIMUM SENTENCING

Over the years, Georgia and the federal government have passed more sentencing laws that require a judge to sentence a defendant to at least a certain number of years for a particular offense. This is called a mandatory minimum sentence (MMS [...]

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Two DUIs - One Arrest

One of the most asked questions by my DUI clients is “Why did I receive two citations for DUI when I was only arrested once?” On its face, this does not make sense. However, in Georgia, there are generally two ways a driver can be in vi [...]

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TRAVIS SAKRISON APPOINTED BY GOV. DEAL AS THE 7TH JUDGE OF THE COWETA JUDICIAL CIRCUIT

Head of State Public Defender Agency Named Judge in Coweta The head of Georgia's indigent criminal defense system is set to become the newest Superior Court judge in the Coweta Circuit. W. Travis Sakrison, who has been exe [...]

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MENG LIM - WEST GEORGIA'S NEWEST JUDGE

I recently had an opportunity to interview the newest judge in the west Georgia area; Judge Meng Lim. I have known Lim since I started practicing law in 2003. He has always been professional, knowledgeable, and possessed a strong desire to serv [...]

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BONDS IN CRIMINAL CASES

The majority of Georgians have never been arrested for a crime. Therefore, the issue of “bonding out of jail” has probably not come to the attention of most people in our community. However, there are thousands of Georgians who have [...]

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JUSTICE JACKSON AT NUREMBERG

I just finished the book “Unbroken.” Unbelievable. After reading the story, which was partly about the horrific war crimes committed by the soldiers of the Japanese Empire during WWII, I was interested in looking into America’s ro [...]

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TRUE COURAGE

TRUE COURAGE It has been said that true courage is most clearly and purely seen on the battlefield in war. Because I have never been a soldier, I do not know the feeling of an artillery barrage or the point of a bayonet. However, courage can and [...]

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