Patrick McDonough

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Successes

Client Success Story: Felony Criminal Trespassing Charge to be Expunged

After a night of drinking, a DeKalb County man did the responsible thing by taking an Uber
home. Upon arriving at his apartment complex in a haze, the man tried to enter the
apartment’s community activity center by mistake, thinking it was his apartment. When the key
did not work, the man broke in through a side window.

The man fell asleep on the couch. In the morning, he was woken by two DeKalb County Police
Officers. Still, in a daze, he thought someone was breaking into his apartment and got into a
scuffle with the officers. This led to the man being arrested on charges of criminal trespass,
criminal damage to property and two counts of felony obstruction.

Criminal Defense Attorney Patrick McDonough was able to convince the Assistant District
Attorney to get the client into a pre-trial diversion. Mr. McDonough did so by having a mental
health assessment of the man, securing restitution immediately, providing proof of counseling,
along with additional mitigation evidence.

Once the client completes 40 hours of community service and pays a $750 fee, the case will be
dismissed, and his arrest will be expunged/restricted.

Client Success Story: Computer Hacking Record to be Sealed

A young Georgia man was busted for hacking into a school computer system. He was caught
and suspended from school. While on suspension, the young man set up a dummy account and
broke into the school computer system for a second time. This time, the punishment was more
severe. He was expelled for the remainder of the school year and arrested on felony counts of
computer trespassing and computer invasion of privacy.

After a consultation with a computer expert and analysis of what actually occurred, Criminal
Defense Attorney Patrick McDonough was able to prove the school had improperly charged
part of the case and misunderstood the actual legal issue. Because the client had never been in
trouble before and was cooperative, Mr. McDonough was able to hold the case open for 120
days.

While the case is open, the client is performing 40 hours of community service, and writing an
essay on the dangers of computer privacy matters and a letter of apology.
Once this is complete, the case will be dismissed and sealed.

A Client Success Story: From A Family Violence Assault Charge to Expungement

Our client was recently arrested for family violence assault in Fulton County, GA. The State of Georgia defines family violence as one of the specified criminal acts between certain family members. Family violence offenses typically carry greater potential penalties than identical violent acts committed among persons who are not protected under family violence laws.

Criminal defense attorney Patrick McDonough was able to provide the court with affidavits that contradicted the police reports and additional mitigation material.

The State of Georgia scheduled a trial for which Mr. McDonough and the client were ready. Two days prior to the trial date, the State dismissed the case and agreed to expunge the arrest record of the client.

Aggravated Assault Charge Dropped & Expunged by DA After Evidence Reveals No Criminal Action Occurred

A 17 year old client was arrested In Gainesville, GA, which is in Hall County, for aggravated assault for allegedly choking his 15 year old sister to a point she claimed she could not breath.  Our client is a senior in high school and has been accepted to college. This was quickly realized to be a family dispute by Pat McDonough when he noted that the mother was also arrested for battery.

After we did our own independent investigation it became clear our client was an honor student and eagle scout was merely trying to protect his mother. The alleged victim had a history of sneaking out of the house, lying, and using drugs and alcohol.  In fact, we were able to get a letter from a counselor attesting to the fact the alleged victim often lied and manipulated situations and the parents were trying desperately to get her help. After presenting our findings to the DA’s office the case was dismissed and the arrest was expunged/restricted.

Loitering & Alcohol Charges Dismissed After Our Attorneys Prove Client Wasn’t Drinking and Driving

Our client’s car was spotted at 3am on the side road near their hotel in Johns Creek, Georgia. He was found passed out by police officers doing a security check when they saw the car running. An officer approached the car for a safety check and our client woke up and shot him the middle finger.

Upon this reaction, officers asked that he was step out of the car to perform an impromptu DUI check. He failed the walk and turn, HGN and then did a karate kick for the one leg stand. In addition there were 5 open beer cans in the floorboard.

However Attorney Pat McDonough, after much deliberation, was able to convince the solicitor they could not prove he was in actual physical control of a moving vehicle within past three hours even on the back drop of these challenging facts. As a result, our client had to complete 24 hours of community service, take a drug and alcohol evaluation and pay a $500 fine. Upon additional proof provided by our criminal defense attorneys, the case was dismissed and his arrest record was restricted/expunged.

Prowling, Loitering & Alcohol Charges Dismissed After Our Attorneys Uncover The Truth

Our client’s car was spotted at 2am in the driveway of a house that was vacant and for sale. Neighbors believed it was an attempted robbery and called the police. Our client was arrested and charged with prowling and loitering, possession of a false ID, and minor in possession of alcohol.

However, our 20-year old client was in the car with the son of the owner of the house, and the guys were meeting girls at the property. The police were called before the girls arrived. After our client and his friend consented to a search, two warm beer cans were discovered, and each man had a fake ID.

After much negotiating by our criminal defense team, the case was dismissed after Attorney Pat McDonough provided proof of community service, and the client paid a $300 fee and underwent a drug and alcohol evaluation. The arrest was expunged from his record.

Jail time for traffic violation avoided – our Attorneys get the case closed

Our client made a left turn at an intersection on a green light and collided with a motorcycle. The driver of the motorcycle sustained serious injuries and had nearly $500,000 in medical bills. Our client was charged with causing serious injury by vehicle and failure to yield. Serious injury by vehicle is a felony and carries a penalty of 1-15 years in jail. However, the officer cited another code section, which allowed the case to be sent to the Solicitor’s office as a misdemeanor. Criminal Defense Attorney Pat McDonough was able to have the failure to yield charge dismissed, and had our client enter a no contest plea to a violation of code 40-6-77 (the lesser charge). Once the $250 dollar fine is paid, and proof of a defensive driving class is provided, the case will be closed with no jail time, no probation, and no points on our client’s license.

Client in jail on a Domestic Call – We had the case dismissed in 24 hours

Police were called to our client’s home on a domestic violence complaint. When they arrived, our client’s wife was interviewed and said he tried to kick down the door. There was visible damage to the door of the home that the couple was renting. The police called the owner of the home and, based on his remarks, arrested our client for criminal trespassing.

Our client hired an attorney before coming to Andersen, Tate & Carr, and that lawyer worked out a pre-trial diversion for him if he took anger management classes, paid a $600 fee, and performed community service. However, our client failed to take any of the programs, or pay the fee. He was sent a court notice to appear, but did not appear in court, which led to his arrest on a bench warrant. After spending 7 days in jail, his family hired Criminal Defense Attorney Pat McDonough.

Within 24 hours, McDonough had tracked down the original homeowner and asked if he had wanted the client arrested. The homeowner said no, and he thought the officer had gotten the report wrong based on a language barrier. He only wanted the client to leave the house, not be arrested. McDonough secured this affidavit and was able to convince the prosecutor that our client was never lawfully charged. The case was dismissed and our client was released.

Cruelty to Animals Charges Dropped After Our Attorneys Step In

Our client was charged with cruelty to animals in the city of East Point, outside of Atlanta. She left her boyfriend’s dog in the car while she went to pick up her takeout food order. Her food was not ready when she arrived, so she returned to her car, and went back and forth between the vehicle and the restaurant to check on the order a few times. A patrol car drove by while she was in the restaurant the first time, and when the officer drove past the area again about 30 minutes later, she was back inside the restaurant again. It was 88 degrees outside and the officer estimated that it was well over a 100 degrees in the car. He wrote in his report that the dog was distressed.

After showing the officer vet records from both before and after the incident showing the dog was healthy and well cared for, Criminal Defense Attorney Pat McDonough was able to get the case treated as a violation of a local ordinance with a fine. The case was terminated upon payment of the fine, and our client will not have a police record.

Charges Dismissed After a Family Argument Escalates into Battery Charges

Our client was staying with his parents after a spending time in drug rehab. He and his father got into an argument about his lack of employment that escalated, and our client hit his dad in the eye, causing a serious black eye. At the hospital, the dad recounted what took place and hospital personnel reported it to the police. Our client was arrested for family violence battery.

Our criminal defense attorneys were able to get the dad to sign an affidavit saying he did not want his son prosecuted. The solicitor agreed to dismiss the case as long as our client took an anger management course, and passed an alcohol and drug evaluation. Once this was completed, and a $300 fee paid, the case was dismissed and the arrest was expunged.

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Domestic Violence Dismissed

Our client was arrested for assault and battery after his wife secretly recorded the two of them during an argument. She provoked him and he ended up pushing her, causing her to fall and injure her leg. The police had been called to the house for domestic violence disputes 3 times over the last few years, but this was the first time he was arrested. Based on a recent Supreme Court case, our Criminal Defense team was able to argue that the video was illegally obtained. In fact, the alleged victim was subject to being charged due to the recording. Moreover, we provided the state with the recent divorce filing, showing her motive to set him up. In addition, we provided proof of employment and confirmed that our client had no prior convictions. After the arrest, his bond didn’t allow him to return to his house, but with this information, we were able to get the bond modified to allow him back into the house. We were also able to get his case dismissed and the arrest expunged/restricted upon payment of a nominal fine, completion of a class, and 40 hours of community service.

DUI crash Reduced

Our client crashed into a Georgia State Patrol car and a DOT truck at a high rate of speed on I-75 south. The officer involved noted a strong odor of alcohol coming from the driver, and saw a marijuana pipe in plain view. Our client took a breathalyzer test on the side of the road, which showed a BAC of .140. He also admitted to drinking before the crash. He was taken to the hospital where blood was drawn, revealing an even higher BAC level, as well as marijuana in his system. He was charged with several counts of DUI – for alcohol, drugs, inhalants, and a count for the combination of alcohol and drugs. He also received a Georgia move over violation, and one for following too closely.

Criminal Defense Attorney Pat McDonough was able to keep both the medical records and the blood alcohol level from the roadside test out of evidence. McDonough pointed out that the arresting officer did not perform any field sobriety tests. He was able to have the client enter a plea to reckless driving and following too closely, and have all the remaining charges dismissed. Once our client performs community service, takes classes and pays his fines, the case is to be terminated.

Hit and Run Reduced to Non Reportable Offense

Our client was involved in an auto accident while he was attempting to move left across traffic to reach an exit on Hwy 316. Our client was hit by another car while making the turn. For an unexplainable reason, the client fled the scene. A witness got his tag number and called the police. When the police arrived, our client confessed to fleeing. He was cited with making an improper turn and a hit and run. He was facing 24 months on probation, possible jail time, and a 6-month license suspension. Criminal Defense Attorney Pat McDonough was able to convince the State to dismiss both charges, allowing our client to enter a no contest plea for failure to report an accident. After paying a nominal fine and providing proof of a defensive driving class, the case was closed with no probation, jail, or any point penalty on his license.

Reckless Driving

Our client was charged in DeKalb County with racing, speeding over 100 mph, reckless driving, aggressive driving, and driving too fast for conditions. He got into a dispute with another car, and the two began a chase. When the chase went past a police officer, our client was pulled over and arrested. As a result, he was facing jail time and having his license suspended for more than a year. Making our case more difficult was the fact that he had already been enrolled in a pre-trial diversion program a few years before.

After much negotiation, Attorney Pat McDonough was able to prove that our client had completed a defensive driving class, and completed over a 100 hours of community service. He convinced the prosecutor to drop all charges, except for the charge of driving too fast for conditions. After our client paid a $1000 fine, the case was closed. He avoided jail time, probation, and a license suspension. And, no points were assessed on his license.

Sexual Battery

Our client was charged with aggravated sexual battery, potentially facing a jail sentence of 25 years to life without parole, as well as having to register as a sex offender for life. He was being held in the Cobb County jail without bond.

After meeting with the Assistant District Attorney, the Andersen, Tate and Carr Criminal Defense team was able to get our client released on a consent bond, avoiding the need for, and the risk of, holding a bond hearing. Once our client was out of jail, we spent the next year building our defense. This included having the client take (and pass) a polygraph and a psychosexual evaluation, but most importantly discrediting the alleged victim by showing it was impossible for the alleged incident to happen when she claimed.

Our client was alleged to have assaulted his teenage stepdaughter when she was living with him and her mother. Our client and the alleged victim’s mother had since gotten divorced, and the allegations surfaced years after the alleged incident. The date range for the alleged incident covered a range of about a year and a half, but was narrowed by a statement that the incident happened prior to a cheerleading event. Criminal Defense Attorneys Pat McDonough and Trinity Hundredmark compiled a list of every possible cheerleading event that occurred between the dates given and compared it to our client’s work schedule, proving a solid alibi. In addition, they were able to show multiple discrepancies in the alleged victim’s allegations.

McDonough and Hundredmark filed a motion and planned to call the alleged victim to the stand in order to cross-examine her regarding the dates of the allegation. However, this prompted the Assistant District Attorney to offer a plea deal for a lesser charge that included straight probation under the first offender act, no fine, and no community service. The lesser charge also meant that our client would not be listed on the sex offender registry. First offender status means that he will not be adjudicated guilty and, when the probation is successfully completed, the case will be dismissed and his arrest expunged/restricted. Most importantly, the court accepted a no contest plea so that our client could maintain his innocence if he agreed to the probation.

Traffic Violation

After a traffic violation, our client went to court to enter a plea without legal representation. She was unaware of the collateral consequences that would follow, including her classification as a “super speeder.” This caused major issues with her insurance. Once criminal defense attorney Pat McDonough stepped into the case, he was able to file a motion to vacate the client’s plea, which the judge approved. McDonough was the able to reduce the charges to a non-reportable offense, rescinding the “super speeder” designation, and ensuring there would be no insurance increase.

Traffic Violation

Our client was stopped for a broken tail light, and his nervous reaction while interacting with the officer prompted the officer to request a search of the client’s vehicle. When the client refused, a drug dog was called in, and marijuana was found in the car.
The attorneys of Anderson, Tate, & Carr argued that the officer did not have reasonable suspicion of a crime that justified detaining our client beyond the tail light citation. Our client did not have a drug problem, and the prosecutor agreed to dismiss the marijuana charge. The arrest record was expunged and our client was able to avoid going to court for the charge, and was able to simply pay his citation online.

Hit and Run

Our client was leaving a bar and accidentally bumped a car while pulling out of the parking lot. He did not think he had caused any damage and left the premises. The driver of the other car gave chase and called the police. About a mile from the bar, the police pulled over our client, who admitted to drinking and taking his prescribed medication.

The officer on scene administered a field sobriety test, and our client failed two of the three tests. He had difficulty keeping his balance, was unsteady on his feet, had difficultly following directions, and refused a breath test at the scene. He was charged with a Hit and Run, as well as a DUI.

The damage to the other car was technically over the $500 threshold that requires drivers to wait for the police, but the arresting officer did not note any damage to our client’s car during the stop. We argued that, because of the lack of visible damage to our client’s car, as required by the statute, the officer did not have a reasonable articulable suspicion to make the traffic stop.

In addition, our defense team was able to point out two errors made by the officer while conducting the field sobriety test. Most importantly, we were able to engage three medical doctors to discuss our client’s preexisting panic disorder which led to his inability to perform the field sobriety tests or speak clearly under the stress of the police encounter. These tactics led to the prosecutor dismissing the Hit and Run and DUI charges, allowing the client to enter a plea to reckless driving.

Child Molestation Case

We represented a client years ago in a difficult, multi-count child molestation case. After a prolonged court battle, he was sentenced to five years probation under the First Offenders Act. Four years later, the client had a job opportunity and was concerned the probation would hinder his ability to be hired. We filed a motion to terminate probation early, and exonerate him of the alleged crime. After our defense team’s detailed motion and argument, the Court granted our client early termination, exoneration, and his record was sealed.

Client Entered Plea Without Representation and Faced Significant Consequences

After a traffic violation, our client went to court to enter a plea without legal representation. She was unaware of the collateral consequences that would follow, including her classification as a “super speeder.” This caused major issues with her insurance. Once criminal defense attorney Pat McDonough stepped into the case, he was able to file a motion to vacate the client’s plea, which the judge approved. McDonough was the able to reduce the charges to a non-reportable offense, rescinding the “super speeder” designation, and ensuring there would be no insurance increase.

A Traffic Stop Led To Serious Charges Until Client Retained Anderson, Tate, & Carr

Our client was stopped for a broken tail light, and his nervous reaction while interacting with the officer prompted the officer to request a search of the client’s vehicle. When the client refused, a drug dog was called in, and marijuana was found in the car.

The attorneys of Anderson, Tate, & Carr argued that the officer did not have reasonable suspicion of a crime that justified detaining our client beyond the tail light citation. Our client did not have a drug problem, and the prosecutor agreed to dismiss the marijuana charge. The arrest record was expunged and our client was able to avoid going to court for the charge, and was able to simply pay his citation online.

No Jail Time, No Points, No Record

Our client was charged with his 2nd DUI and was facing mandatory jail time and a license suspension. A citizen called 911 with the tag number and a description of the vehicle, saying the car was weaving all over the road. 14 minutes later, our client was found passed out in his car, which was running but in park. When questioned, he made partial admissions of recently coming from a local bar.

After Criminal Defense Attorney Pat McDonough interviewed the witness, he was able to prove that she did not follow the car to the parked position. Moreover, she could not make a positive identification of the driver, only the car. After submitting this in an affidavit, McDonough and his team were able to get the state to agree to reduce the charge to a violation that would not be reported to the DMV. The client did not receive any moving violation or any points on his license. More importantly, he avoided jail time and only had to do community service, pay a fine and take an evaluation. No jail time, no points, no record.

Client Receives Dismissal of all Eight Counts

Our client was facing eight counts, including simple assault, disorderly conduct, simple battery, criminal trespass to property and public intoxication. After conducting a through investigation, our criminal defense team was able to obtain a dismissal of all eight counts. Our client plead guilty to violating a local ordinance, which does not appear on his criminal history. He paid restitution and performed community service.

Client’s Charges Reduced After Hiring Anderson, Tate & Carr

Our client was charged with 3 counts of hit and run and 3 counts of following too close. One of the hit and runs was against a moving school bus. After the incident, the client was found passed out on the floor of his house, but he was positively identified as the driver. He had 3 prior DUI convictions.

Our client hired another firm to represent him, and his first attorney reached an agreement to have him plead guilty to all counts and be declared a felony habitual violator and serve 90 days in jail.

Then our client found the attorneys at Andersen, Tate & Carr. Even after the deal had been struck, our criminal defense team was able to come in and show the prosecutor additional information on the client’s rehabilitative efforts. The state agreed to let him plead guilty to just 2 counts of hit and run, and one count of following too close. He avoided being a habitual violator, and the jail time was converted to house arrest, allowing him to continue working.

Charges Reduced in Elderly Client’s Case

Our 63-year old client was charged with one count of child molestation and one count of enticing a child for indecent purposes. He was facing 30 years in prison and a lifetime on the sex offender registry.

The most difficult element of this case was a video interview where our client admitted to some aspects of the case. Our attorneys were worries that a jury would convict him based on that video, regardless of whether they could successfully discredit the alleged teenaged victim.

However, our criminal defense team ordered a psychological sexual evaluation and through extensive negotiations, criminal defense attorney Pat McDonough was able to convince the Assistant District Attorney to agree to straight probation and reduce the charge to sexual battery. Our client was allowed to maintain his innocence with an Alford plea, and under the first offender statute, the case will be dismissed and his arrest record expunged in 3 years.

Proper Medical Diagnosis Helps Sister Drop Charges Against Brother

Our 32-year-old client agreed to watch his sister’s two young children while she and her mother flew out of town to attend their father’s funeral. Upon her arrival home, the sister discovered her house in disarray. An argument between our client and his sister ensued and quickly escalated. Our client allegedly grabbed his sister by the throat and threatened her. It was also alleged that he later picked up a golf club and threatened her life. He was arrested for simple battery under the Domestic Violence Act.

After meeting with the client, we discovered that he has been suffering from PTSD after being the victim of a vicious attack several years earlier. Additionally, there were other mental health issues that weren’t being properly addressed. We worked to get him evaluated, placed on proper medication, and started with a consistent therapy routine.

This plan of action resulted in his sister’s request that the case be dismissed. The State then agreed to dismiss the case and expunge his record.

Arrest Expunged and Sentence Reduced for Proactive Measures

After running a red light on his motorcycle, our client sped away from the police officer who was attempting to pull him over. He was alleged to have reached speeds of more than 150 mph, as well as nearly colliding with a pedestrian, before losing control and hitting another vehicle. The officer who arrived on the scene reported having to tackle our client as he attempted to flee. And our client admitted to drinking five beers and smoking marijuana prior to getting on his motorcycle.

In total, our client faced 15 charges from the events of that night. All of the charges were misdemeanors, except for Fleeing and Attempting to Elude. In addition to the mandatory one-year prison sentence he faced for fleeing, the combination of the 15 charges would automatically result in a 2 ½ year license suspension.

We recommended that our client take a drug and alcohol evaluation, enroll and complete the recommended classes, and maintain solid employment for more than one year before the case came to trial. Though it was the policy of the ADA to stand firm on the mandatory prison sentence, attorney Pat McDonough worked with the judge and the ADA to change the fleeing charge to an obstruction charge, which allowed our client to avoid the most serious aspect of the sentencing. Additionally, we successfully fought to get 12 of the 15 counts dismissed.

Although the State asked for a sentence of five years in prison with one to serve, we leveraged a blind plea that resulted in the Judge sentencing our client to 3 years of probation under the First Offender Act. The money he spent on his alcohol and drug classes was credited towards the $500 fine that accompanied his sentence, and the Judge found that his community service had already been completed. Upon successful completion of his probation, the case was dismissed and the arrest was expunged/restricted.

All Charges Dismissed in Aggravated Assault Case

Our client was a retired police officer with over 20 years on the force. While working part time as a security guard at a local bank, he noticed a suspicious person trying to pass a check at the counter. The teller signaled that the patron was trying to pass a bad check, and our client approached and told the man that he would need to wait until the police arrived. The suspect made a run for it and our client stabbed him as he ran past, causing serious injuries.

The security guard was charged with aggravated assault, possession of a knife during a felony and engaging in private security without a license. He was facing 31 years in prison. After an extensive independent investigation, we learned that the suspect was a career criminal. Our criminal defense team lined up self-defense experts and filed an immunity motion claiming that our client had acted in self-defense. On the day of the motion, the DA dismissed all charges and our client was free to go home.

Charges Reduced to Reckless Driving for Client’s Second DUI Arrest

In 2010, Patrick McDonough represented a client who was arrested for DUI and was eight times over the legal limit for a person under the age of 21. Mr. McDonough was successful in convincing the judge to reduce the charges to minor in possession of alcohol and failure to maintain lane. The reduced charges resulted from the questionability of whether or not the arresting officer could not prove that the client had been behind the wheel three hours prior to the breath test.

In 2017, the client was arrested again in Gwinnett County after he was involved in a car accident. The officer smelled an odor of alcohol and asked our client to submit to field sobriety tests. Subsequently, the officer indicated that our client failed the two filed sobriety tests. Our client then agreed to take the breath test at the police station and blew more than two times the over legal limit. The client then hired Patrick McDonough.

Through our reconstruction of the accident, Mr. McDonough proved the other driver was at fault and our client was not driving less safe. Furthermore, our expert showed that the arresting officer did not administer the field sobriety tests according to the national standards. More importantly, Mr. McDonough was able to point out the difference between the two breath samples were only two thousandths of a point off from being considered invalid and subject to being suppressed.

Although we could not suppress the breath test, Mr. McDonough was successful in questioning its accuracy. Based on the totality of our defense, the state agreed (even though this was the client’s second DUI arrest) to allow him to enter a no contest plea, which reduces the charge to reckless driving. Once our client pays the fine, provides proof of the completion of community service and takes two classes, the case will be terminated.

Third DUI Charge Minimized To Reckless Driving With No Jail Time

A recent client was pulled over after speeding 55 in a 35 MPH zone. After admitting to consuming two alcoholic beverages 30 minutes prior to being pulled over, the involved officers administered three field sobriety tests, two of which he failed. At the station, he blew 1.5 times the legal limit.

Our legal team was able to prove that the failed tests were not administered properly, rendering the officers’ arguments in court invalid. The initial speeding charges were also proven to be questionable after the involved officer was not able to present enough evidence in the case.

License-Threatening Speeding Charges Dropped After No Point Violation Ruling

A young client under the age of 21 was recently charged with speeding, which would have resulted in a revoked license as well as loss of employment.

Using swift and carefully articulated judgment, our attorneys were able to negotiate the charges down to a no-point violation, erasing all history of the charges on the client’s driving record.

License Suspension and Probation Charges After Multiple Traffic Infractions Dropped

An 18-year-old client was faced with probation, two separate license suspensions, more than 19 points added to her license, and over $1, 500 in fines after three separate traffic incidents in two different jurisdictions:

• Speeding over 26 MPH
• Speeding 21 and over
• Running stop sign/ failure to maintain lanes

With the help of our expert legal team, the client’s charges were minimized to just three points of speeding with no points and a $300 fine, as well as the failure to maintain lanes charge minimized to just three points and a $150 fine.

All license suspension charges were dismissed.

DUI Charges Dropped To No Contest/Reckless Driving

Authorities stopped our client, who was under 21-years-old, after failing to stop at a stop sign.

Upon inspection, involved officers smelled alcohol on the client’s breath as well as evidence of alcohol in the vehicle.

Our client failed a sobriety test, blowing 2.5 times the legal limit. He also admitted to drinking prior to being stopped.

After enlisting the help of our legal team, our client had the charges reduced to a no contest plea of reckless driving- with a case termination approved after completing scheduled community service, paying fines, and successful completion of DUI classes. Therefore, no license suspension, no points, and the case will terminate in less than one month.

No points or loss of license for DUI

Our client was charged with failing to maintain lanes, five counts of DUI-drugs, and was involved in single car accident.

After providing prescriptions and hiring key expert who was able to prove the medication in her system was either below the therapeutic range or on the low end, the state agreed to a no contest (no points, no loss of license) reckless charge that terminated after proof of community service and 2 classes.

Criminal record amended allowing client to obtain TSA pass and gun permit

Our client, a business owner and community volunteer, was denied when applying for a TSA Fast Pass at the airport.

Weeks later, he visited his local Probate Court to renew his gun permit and was denied there as well.

Both denials were due to the fact that our client had a 20-year-old criminal case and an improper criminal history record.
After extensive research and discovery, our attorneys were able to procure an old docket book with enough information to convince the State to correct our client’s criminal history. Our client’s record was cleared, which then allowed him to receive his TSA Fast Pass and was given his gun permit.

Charges dropped and case dismissed for animal cruelty

Our client, an elderly male living in a rural area, was charged with animal cruelty for the shooting of his neighbor’s cat.

Our client was not of sound mind or health at the time of the incident, and his daughters (his primary caregivers) contacted the attorneys at Andersen, Tate & Carr to secure legal representation on his behalf.

Through our independent investigation, our attorneys were able to show that the owner of the cat had prior complaints filed against her with animal control; she had multiple cats that were unvaccinated, carried fleas, and posed a risk to the health and safety of other pets in the neighborhood.

Pat was able to show that our client, an avid bird lover and responsible dog owner, shot the cat out of concern for the health of his own pet, as well as the safety of the birds that visited feeders on his property. His neighbor dropped all charges and the case was dismissed.

Bond granted in child molestation case

Our client was charged with two counts of child molestation and one count of sexual battery. He hired an attorney to handle his case, and he was denied bond.

Our client then employed the services of Andersen, Tate & Carr to represent him in court.

Our attorneys were able to show that incomplete and inaccurate facts were presented at the initial bond hearing, and our client was then granted bond.

The Judge remarked that our client’s case was the first time she has granted bond in a case of this nature. In addition to showing the Judge that our client met standard criteria for bond including no flight risk, no risk of intimidating witnesses, and no risk of committing another crime, we believe we impressed upon the Judge that our client was actually innocent.

Charges Dismissed Following Probation

Our client, a young male, consumed a lethal amount of drugs and alcohol before operating a vehicle in Gwinnett County. He left his car running while parked, entered a stranger’s house, and fell unconscious. Our client faced charges of Burglary, Possession of Oxycodone, DUI, and Minor in Possession of Alcohol. In addition, while our client was out on bond, he was pulled over and charged with DUI and Minor in Possession of Alcohol. He failed field sobriety tests and blew over the legal limit.

Pat McDonough was able to get the Gwinnett County charges reduced to a misdemeanor of Failure to Carry Your Prescription in the Prescription Bottle under the conditional discharge statute. The case will be dismissed and the arrest will be expunged at the end of a 12-month probation period. Mr. McDonough also successfully argued that the traffic stop was illegal and all of the evidence was suppressed, resulting in dismissal of the case. Our client has gone on to become a successful college athlete with a bright future.

Charges Dismissed for Business Owners

Our clients, the owner and co-owner of a business, were both arrested and charged with Keeping a Disorderly House and functioning as a party to the crime of Serving a Minor with Alcohol after local law enforcement performed an undercover sting on the business. Patrick McDonough was able to convince the prosecutors that the owners had no knowledge that one of their employees was selling alcohol to a minor. Our clients were also able to provide proof that they provided state recommended training to their employees.  The case was dismissed and the arrest was expunged from their records.

No Jail Time on DUI Charges

Our client, who had previous convictions for DUI and BUI, was accused of a hit and run after falling asleep at the wheel due to intoxication. Pat McDonough filed a Motion to Suppress on multiple legal issues and was able to get his sentence reduced to a no contest plea for reckless driving. No jail time or points against his license were assessed, contingent upon the completion of classes and community service.

Senator Don Balfour acquitted on all charges

In 2013, Senator Don Balfour was brought to trial in Fulton County Superior Court for submitting inaccurate claims for mileage and expenses to the Legislature over a period of five years that amounted in several thousand dollars of overpayment.

The legal team spent countless hours going over every expenditure the senator made or could have made in the past five years. Based on this extensive trial preparation, Mr. Balfour’s defense team successfully argued that the discrepancies and alleged fabrications were, in fact, an oversight, due to poor organization.

In addition, Mr. Balfour’s attorneys argued that the state owed him approximately $23,000 for 115 days of legislative per diem expenses the he never submitted for reimbursement.

After a three day long trial, Mr. Balfour was acquitted on all charges and was allowed to return to his position in the Senate. Moreover, the state was required to pay back his attorney fees.

DUI charge dismissed

Our client, a 19-year-old male, was observed parking at 3 a.m. in an apartment complex. An officer followed our client after he pulled away from the lot upon seeing the officer’s car.

The client indicated an upcoming turn with his turn signal twice, but failed to make a turn. He was pulled over and given three field sobriety tests, all of which he failed. He blew .111, five times the legal limit for a person under 21.

Attorney Pat McDonough argued that the stop was illegal, as our client did not violate traffic laws, and filed a motion to suppress. A judge accepted the motion and all evidence after the stop was precluded and the case was dismissed.

Lumpkin County Homicide by Vehicle Dismissed

Following a car accident involving death in Lumpkin County, client was charged with 5 separate counts, including homicide by vehicle in the first degree; reckless driving; laying drags; homicide by vehicle in the second degree; and failure to maintain lane. After Pat McDonough and Trinity Hundredmark provided the state with a detailed accident reconstruction expert report, all felony charges were dismissed, and the client merely pled to the non-reportable offense of driving too fast for conditions.

Pat McDonough and Trinity Hundredmark defend NFL player

Pat McDonough and Trinity Hundredmark recently defended NFL Football player, Jonathan Babineaux, in a high profile case.

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, titled McDonough Crafts Legal Legend In Suburbia.

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Felony Cruelty to Children Dismissed in Gwinnett County

Former U.S. Olympic soccer player was arrested for felony cruelty to children, battery, and criminal trespass following an incident occurring at a local hotel in Gwinnett County. Pat McDonough and Trinity Hundredmark were able to convince prosecutors they could suppress one witness statement and raise serious credibility issues with the remaining witnesses. Therefore, the case was dismissed, and her arrest was expunged.

17 Counts Dismissed in Barrow County

Client arrested in Barrow County on 17 charges of contributing to the delinquency of a minor, furnishing alcohol to a minor, firing of woodlands, brush, and maintaining a disorderly house. Through in-depth investigation, McDonough and Hundredmark were able to get all charges dropped, and the case dismissed. Client’s arrest record will be expunged.

City of Atlanta DUI Dismissed for Underage Client/h4>

Client under 21 years old was arrested for DUI following a traffic accident in the City of Atlanta. Through expert testimony and background checks of the officers, McDonough and Hundredmark achieved a dismissal of the case.

Gwinnet County DUI Dismissed, Client Pleads No to Reckless Driving

Client arrested for DUI with a .09 BAC in Gwinnett County. By challenging the precision of the Intoxilizer 5000 and field sobriety test execution and validity, McDonough and Hundredmark succeeded in reducing the case to reckless driving. In addition, the client was allowed to enter a no contest plea ensuring she would not receive any points on her driver’s license history.

All Charges Dismissed in Gwinnet County, including DUI

Client pulled over for weaving off the roadway and charged with failure to maintain lane, texting while driving, and DUI. After McDonough and Hundredmark were able to show the horizontal gaze (HGN test) nystagmus field sobriety test was invalid due to client’s natural nystagmus, the State agreed to dismiss the DUI charge and client would plea to texting while driving and failure to maintain lane. Prior to the plea, McDonough and Hundredmark were able to produce additional issues with the arresting officer’s credibility, which led to a dismissal of all charges.

Possession of Marijuana Case Dismissed

A teenager in Gwinnett County was arrested for possession of marijuana. McDonough and Hundredmark were able to have client’s case dismissed and arrest expunged upon successful completion of a diversion program.