Frye Law - March 2020

THE Defender

770-919-9525 • FRYELAWGROUP.COM

MARCH 2020



On March 24, 1944, Allied prisoners used a tunnel they dug to escape Stalag Luft III, a German POW camp, but they never would have pulled off the great escape if they hadn’t been relentless in their planning and strategy. They dug three tunnels because they knew that even if two tunnels were discovered, at least one of the three would reach completion. In the end, that’s exactly what happened, and they escaped. Sometimes, that kind of overpreparation is what it takes to get the job done. One of the hallmarks of our firm is relentless defense, and for us, part of going the extra mile is being relentless in our pursuit of information the other side might not have. We don’t like to leave things to chance. We bring in information from a broad array of sources, from the conventional to the unconventional. We use everything available to us. We pull in things like performance reviews, and if there is an expert witness testifying, we try to learn what they’ve published and what they’ve likely been taught. If it’s a serious case and a person has a history of mental issues, we try to find that out beforehand because it can affect their testimony. It’s not unusual for somebody who has been charged with a crime to be a victim of something in their own past that has influenced their bad decisions. If that’s the case, we try to understand that, too. Oftentimes, we help our clients find rehabilitation facilities to help support them so they don’t reoffend. We call in experts, when it’s appropriate, to help our clients get to the root of what is going on so they can understand why they made the decisions that led them to the situation they’re in. We use every single tool available to help our clients succeed because, sometimes, that’s what it takes to get the job done. Right now, I’m reading Malcolm Gladwell’s book “Talking to Strangers.” In it, Gladwell writes about how difficult it can be for people when somebody acts in a way that conflicts with our expectations. As it turns out, people are no better than the flip of a coin at telling whether or not somebody is lying. That means that if something happened to your loved one and you make an off-color joke because that’s the only way you know how to deal with the situation, people are actually more likely to convict you than if you had committed the awful deed but cried and acted exactly how they’d expect you to act in that situation. In fact, it turns out that computers are much better at telling if people are lying than people are because computers don’t have expectations for behavior.

As a defense attorney, if you can understand the specific challenges your clients have overcome, you might be able to understand how somebody is going to behave in a trial. Sometimes when we learn the difficulties our clients have gone through, we can include that in the resolution of the case, and we can be a lot more successful combating recidivism. Whether we’re scouring journal publications written by an expert witness or working hard with our clients to really understand the root issues that got them into the situation, going the extra mile is part of the fabric of Frye Law Group. Just like it took three tunnels for the Allied soldiers to make just one escape, we do our best to cover every base for our clients, every time. –Kim Keheley Frye

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The Freedom of Information Act, commonly referred to as FOIA, has been a crucial part of the democratic system for decades. It was designed to improve public access to governmental records, but unfortunately, it doesn’t always work as intended. In most cases, requests are only answered if a lawsuit is filed. Nevertheless, FOIA has had a crucial role in many high-profile legal cases. Here are a couple of the most significant ones in American history. A JOURNALIST’S 16 YEARS IN COURT California-based journalist Seth Rosenfeld has had some serious contention with the FBI. In 1985, he filed his first lawsuit against the FBI for ignoring his requests for information about the Berkeley protests of the 1960s. The case was eventually settled in 1996, and Rosenfeld was awarded $560,000 in fees. In their settlement agreement, the FBI agreed to be more thorough with FOIA requests. Rosenfeld filed a second lawsuit in 2007 accusing the FBI of withholding information during former President Ronald Reagan’s presidency. Five years later, he was awarded $479,459 in attorney fees. Rosenfeld is known for having some of the longest-pending FOIA requests and has received over 300,000 pages of FBI documents since the 1980s. THE SCOMM SCANDAL In a landmark FOIA settlement concluded in 2013, the federal government paid $1.2 million to settle a suit brought by several civil rights groups over the Secure Communities (SCOMM) Immigration and Customs Enforcement program. The

litigation exposed a plan to create a multi-agency database focused on collecting DNA, a person’s gait, and iris scans. When evidence was uncovered during the litigation, governors of New York, Illinois, and Massachusetts tried to opt their states out of the program, but the Department of Homeland Security determined SCOMM mandatory, according to the Center for Constitutional Rights. The case also changed how the government is required to identify, collect, and produce data for all FOIA requests.

Thanks to FOIA and these important cases, the people’s right to government information (and honesty) will continue to progress in America’s democracy.



Saint Patrick’s Day is in April, which means green beer, shamrocks, and potentially, an increase in police stops. If you’re stopped on the road in Georgia, you’ll likely get nervous, even if you’ve done nothing wrong. But do your best not to panic, because unless you give an officer probable cause to do so, they can’t even search your car. If a police officer sees you do something that could be considered a “suspicious action,” though, they have the right to conduct a search. Make sure you’re not doing anything that could make it appear you are hiding something or attempting to dispose of an illegal item. Things like tossing an item out of an open window or reaching down for something might give an officer a reason to believe you are trying to conceal something and give them probable cause to conduct a search. In the legal world, there’s a doctrine called “plain view.” If there is something easily visible through your vehicle window, the officer can check it out — like open beer cans or drug paraphernalia. If the object is illegal, the officer is within their rights to confiscate it.

directed by them to do so, and do your best to keep your hands out in the open. Stay calm, and you should be back to celebrating — safely and responsibly, of course — in no time. If you find yourself or somebody you love in an unfortunate situation this St. Patrick’s Day, Frye Law Group has a wealth of experience at defending DUI cases for both alcohol and drugs. Don’t hurt your case by dealing with the police directly, call us at 404-513-9288 to learn how we can help.

This St. Patrick’s Day, when interacting with the police, remember that they want to be in control of the situation, so let them be. Don’t get out of your vehicle unless


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At Frye Law Group, we practice law because we’ve been called to do it, and reviews like these are what keep us motivated. When you need to hire a defense attorney, it is often a difficult and vulnerable time in your life. We are proud to stand behind the work we do for our clients. We will listen empathetically and then defend relentlessly.

“Kim is awesome. She makes sure her clients are protected to the letter of the law. I would ABSOLUTELY recommend her to anyone who needs representation. She’s over-the-top confident when she is in the courtroom. She is highly respected by her peers and those senior to her in the justice system. She gets my vote all around!”

–Michael G.

“When you are arrested on a criminal charge, you get what you pay for. Kim Frye is priceless.

These are just a few of the things our clients are saying about us. If you need a defense attorney who will go above and beyond for you, the attorneys at Frye Law Group won’t let you down.

“She is the real deal. She is constantly honing her sword to fight for her clients through the fourth quarter and into overtime if necessary. She’s tough, relentless, and experienced. A conviction can haunt you for life. Don’t settle for second best. Call Kim! She is the best in the business in Cobb County and the state of Georgia.”

–Jack E.



Here at Frye Law Group, we love a good trivia question, and we want to invite you in on all the fun — and a chance to win a prize! Here’s how it works. We will provide a plot description of a well-known movie or movie series. All you have to do is send us an email at news@ as soon as possible, including your phone number and the title of the film(s). What’s the catch? The description provided won’t be like the ones you see on the back of the DVD case. The plot will be poorly (albeit humorously) explained, which makes the guessing a little trickier. Here’s one to get you thinking!

Irish soda bread is a staple of many St. Patrick’s Day celebrations, but it was born out of necessity for the impoverished citizens of Ireland way back when. Celebrate their ingenuity and grit with this easy, modern version.


4 cups all-purpose flour 4 tbsp white sugar 1 tsp baking soda 1 tbsp baking powder

1/2 cup margarine

• • • •

1 1/4 cups buttermilk, divided

• • • •

1 egg

1/4 cup butter, melted

1/2 tsp salt

DIRECTIONS 1. Heat oven to 375 F, and lightly grease a large baking sheet. 2. In a large bowl, combine flour, sugar, baking soda, baking powder, salt, and margarine. 3. Stir in 1 cup buttermilk and egg, and mix until dough comes together. 4. Knead dough on a lightly floured surface. Form dough into a round before placing it on baking sheet. 5. In a small bowl, combine melted butter and remaining 1/4 cup buttermilk. 6. Brush the raw loaf with this mixture and cut an “X” into the top. 7. Bake loaf for 45–50 minutes, or until a toothpick comes out clean after being inserted into center of loaf. You may need to continue brushing the loaf with the butter mixture while it bakes. Inspired by

A family’s first Airbnb experience goes very wrong.

Can you guess the title from this poor description? Let us know! The first three responders to answer correctly will win a free gift card to Jack’s New Yorker Deli!

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170 Anderson Street SE, Marietta, GA 30060 770-919-9525

Inside this Issue

Why We Overprepare for Every Case page 1 Influential Freedom of Information Act Lawsuits Don’t Let a Police Stop Ruin Your St. Patrick’s Day page 2

What Our Clients Are Saying

Easy Irish Soda Bread page 3

Celebrating National Mom and Pop Business Owners Day page 4



March 29 is National Mom and Pop Business Owners Day, which is huge for small businesses everywhere. Mom-and-pop businesses are the backbone of the U.S. economy; Small Business Trends reports that mom-and-pop businesses account for 64% of gross domestic product (GDP) and generate 78% of all new jobs. Furthermore, no matter what turns the economy takes, small-business owners are less likely to lay off their employees than big corporations. Mom-and-pop businesses support all communities, and you can support them by celebrating this unofficial holiday! GIVE YOUR LOCAL ECONOMY A BOOST! Shopping locally has a massive impact on your community. Local businesses return three times the amount of money to the local economy than larger corporations do. With that big of a returned investment, your community can support even more small businesses that generate a wealth of jobs and keep the cycle going. In addition to the economic boost, products from small businesses are usually higher quality, which makes them a better value for your dollar. Take this day to shop for birthday and holiday gifts for your loved ones that will bring them great joy and last a lifetime.

GET SOCIAL AND SPREAD THE WORD! While small businesses utilize every form of marketing available, social media is essential for their success and growth. After shopping at your favorite mom-and- pop business, share that experience on your social media! When you write a post on Facebook or take a picture for Instagram, be sure to tag the business and use relevant hashtags so your friends, family, and everyone else in your community can shop there, too. Writing reviews on Google Reviews and Yelp helps establish validity for the company. When another potential customer looks for reviews, they know they’re getting quality products and services from a well-established pillar of the community. The local businesses that are active on social media may post deals and sales for that day only, so keep your eyes peeled and be sure to follow all your favorite businesses!


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