Banks Stubbs & McFarland Celebrates Not Guilty Verdicts in Three Consecutive Trials

Atlanta GA

05 July, 2022

12:05 PM

Description

With a mission to restore the lives of the clients it serves, Forsyth County-based Banks Stubbs & McFarland is celebrating three intricate and hard-fought wins at the Banks County, Forsyth County, and White County Courthouses in recent weeks. One jury trial involved an alleged Rape, another concerned DUI charges and the last comprised a slew of charges that included Aggravated Assault, False Imprisonment, Sexual Battery, Damage to Government Property, Escape, Possession of Methamphetamine, and Possession of Marijuana. Banks Stubbs & McFarland served in defense of the accused on all three cases, with partner Amy Carter acting as criminal defense attorney on the rape case, partner Rafe Banks III acting in the same role in the DUI case and partner Jacob Stidham acting in the same capacity in the multi-charge case. Married with four children, a Banks Stubbs & McFarland client and his wife had begun discussing divorce. Unfortunately, while they were still residing in the same home before the divorce was filed, she falsely accused her husband of rape, and he was arrested in March 2019. After being bonded out, he was placed on a GPS ankle monitor but potentially faced a life sentence in prison. Banks Stubbs & McFarland took on the case that same year and went to trial in front of a jury in Banks County in April 2022. As a result, the client was acquitted.  As for the DUI case, a Banks Stubbs & McFarland client was arrested for suspected driving under the influence and speeding in April 2019. The traffic stop and arrest were captured on video. Upon arrival at the jail, the client was administered a breath test on the Intoxilyzer 9000, also known as The Intox. The test results indicated a blood-alcohol level of .17, which is twice the statutory limit of.08. However, the client did not appear intoxicated on video. Banks tried the case on two related theories: The Intox result was not accurate due to the Intoxilyzer 9000's known history of inaccuracy due to radio frequency interference; and there was a “disconnect” between what is seen on video and the physical manifestation one would expect from someone who had a purported .17 blood alcohol level. At trial, the client admitted to speeding, but the jury acquitted him on the DUI. The client was beyond pleased with the not guilty verdict in his case. Finally, the multi-charge case began in early 2020, when a Banks Stubbs & McFarland client befriended a young lady and spent several days in a row with her. On the last evening they were together, she became highly intoxicated and began acting aggressively and erratically. Due to her dangerous state of intoxication, the client took her keys and attempted to stop her from driving. She falsely claimed to police that she had been sexually assaulted, strangled, imprisoned against her will, and intentionally drugged. When police arrived at his home, they told the client he needed to sit in a police cruiser while they searched his house. Unfortunately, he ran away, and the police discovered suspected marijuana in his house and suspected methamphetamine in his vehicle. Police also claimed he damaged the cruiser when he fled. He was formally charged with Aggravated Assault, False Imprisonment, Sexual Battery, Damage to Government Property, Escape, Possession of Methamphetamine, and Possession of Marijuana – facing up to 41 years in prison. At trial in May 2022, Stidham illustrated that the victim had lied repeatedly about the events of that evening. Furthermore, the State was unable to prove the identity of the suspected marijuana, nor were they able to prove the client had damaged the police cruiser or that he was under lawful arrest when he ran away. The Jury found the client Not Guilty, only convicting him of the small amount of methamphetamine in his vehicle. After 2 years in jail awaiting trial, the Judge sentenced him to time served and he was released that day.  Established in 1991, Banks Stubbs & McFarland has offices at 309 Pirkle Ferry Road in Cumming and 3725 Lawrenceville-Suwanee Rd in Suwanee. In addition to Criminal Defense, the Metro Atlanta law firm lists DUI Defense, Family Law – including Divorce and Adoption, Personal Injury, Wrongful Death and Estate Planning among its areas of expertise. Banks Stubbs & McFarland and its nine experienced attorneys represent clients in Gwinnett, Forsyth, Hall, Jackson, Dawson, Banks and Barrow Counties. To learn more about Banks Stubbs & McFarland, prospective clients are encouraged to visit www.banksstubbs.com. Appointments for an initial consultation with the award-winning law firm can be made by calling 770-887-1209.