Here's a good reason why a person in the Atlanta area who has received a criminal sentence of more than six months in municipal court might want to contact an attorney to revisit that: The 1996 charter for the court provides that punishment for a violation cannot exceed a $1,000 fine "or imprisonment for six months."
Despite that limitation, potentially hundreds of defendants in various matters -- including charges such as marijuana possession and driving with a suspended license -- have been sentenced to prison or probationary terms longer than that.
"Apparently no one had read the charter," said one attorney in commenting on the impermissible 48 months of probation a municipal court judge sentenced his client to on one count of pot possession and three counts of driving with a suspended license.
Last week, the City of Atlanta Solicitor's Office acknowledged that some municipal court sentences handed down may be out of whack and require adjustment. Assistant solicitor Roni Graham conceded that the city "only has jurisdiction for six month" sentences.
The unlawful sentencing received by defendants before the court serves as a strong reminder of the need for any person facing criminal charges to secure the diligent and knowledgeable representation of an experienced defense attorney.
Indeed, that is precisely what the City of Atlanta is advising persons who have received sentences of more than six months to do, namely, have an attorney revisit their sentence and file proper documents with the court.
Related Resource: Atlanta Journal-Constitution, "Lengthy Atlanta Municipal Court sentences potentially overturned" June 24, 2011
