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THE Defender
770-919-9525 • FRYELAWGROUP.COM
NOVEMBER 2019
WHERE WOULD WE BE WITHOUT OUR FREEDOM?
Near the end of this month, families all across the country gather together to partake in a delicious feast and are encouraged to start thinking about all they are grateful for. In preparation for my own Thanksgiving celebration, I’ve discovered that the thing I’m most grateful for this year actually has nothing to do with Thanksgiving and everything to do with another important holiday, which takes place a couple weeks earlier: Veterans Day. I came from a big military family. My dad served in the Air Force during the Vietnam War, one of my grandfathers served in both the Navy and the Army during the Korean War, and my other grandfather served in the Army near the end of WWII. While I wasn’t able to talk to him about his experiences during the Second World War, I did name my oldest son Jake in his honor. While the premise of Veterans Day is to honor all military men and women who have served in the U.S. Armed Forces, it’s important to remember that by recognizing them, we are showing appreciation for the sacrifices they made to preserve our freedom. Freedom is an important and often overlooked concept, but, as a criminal defense attorney, I consider personal freedom on a daily basis.
Few parents realize that school administrators have more power to question their children than law enforcement does and that when your child gives information to the school, it can be passed on to law enforcement for prosecution. In that way, even if your teen agrees to cooperate with the school, he or she can still face severe consequences from the legal system. It’s important that you let your children know they don’t have to incriminate themselves in front of school administrators. By refusing to talk, they might receive
Jake Keheley
discipline in school, but that’s preferable than dealing with the legal system, wherein even an allegation can drastically impact your child’s life long term.
“While we should feel grateful for the rights birthed out of our forefathers’ fight for freedom, I have noticed that many of those freedoms either aren’t being taken advantage of or are being curtailed, particularly in the teenage demographic.”
Another right that I see being curtailed particularly for this subset of the population is the First Amendment right to the freedom of speech. In the legal field, we are seeing a shift away from protecting speech and, instead, more speech is being labeled as dangerous. This occurs most often on social media, where speech is more exaggerated. While it’s difficult to ascertain whether something said on social media is true, kids often read a post, report it, and then the original poster has a police officer show up at their home. Generally speaking, people will push speech boundaries far more often online than they would in person. But it’s important to note that while our First Amendment right is being curtailed, it is still a freedom we maintain. As you prepare to observe both Veterans Day and Thanksgiving this month, when you start making that list of all the things you are thankful for, I encourage each one of us to take some time to think about freedom and our government. When we ask our government to protect are freedoms we are honoring the sacrifices of our veterans.
The sociopolitical discussions involving freedom going on right now often stem from some kind of controversy surrounding the flag. But when you are able to weed through the complexities, the flag symbolizes our human right to be free from an overbearing government presence. It’s how America got its roots, after all. And in the years since, we’ve traveled all over the world to fight against other types of governmental tyranny as well — all in the name of freedom. While we should feel grateful for the rights birthed out of our forefathers’ fight for freedom, I have noticed that many of those freedoms either aren’t being taken advantage of or are being curtailed, particularly in the teenage demographic. For example, I was talking to a parent recently about how their child was doing in school. As parents, we want our kids to obey both their administrators at school and the law in general, but that doesn’t mean we shouldn’t talk to them about the rights and protections they have in the event they get in trouble.
–Kim Keheley Frye
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THE CRAZY CASE OF JACOBS V. KENT NOT YOUR ORDINARY TURKEY SHOOT
It began like any other hunting excursion. Neil Jacobs was walking softly through the bushes, looking for a spot to hunker down and watch for a flock of turkeys. The only problem was that someone beat him to that neck of the woods. James Kent had established a hunting spot for himself, and, when he heard rustling and gobbling in some nearby bushes and saw a flash of red, he took aim and fired. Unfortunately, the movement in the bushes was not a turkey. Kent was horrified to find that he had shot Jacobs. Jacobs promptly moved for a partial summary judgment against Kent on the basis that he had failed to determine that Jacobs was not a turkey but, in fact, a human being. Kent cross-moved for summary judgment, saying Jacobs should have expected risks when he stepped into a popular hunting environment. When their case came before the Supreme Court of the 4th District of New York, the courts denied both the motion and the cross-motion. They agreed that Jacobs had assumed the inherent risks of hunting — just not the risks it would be unreasonable to assume, like getting shot by another hunter who thought you were a turkey. Beyond that, the courts did not pronounce judgment because they did not have enough verifiable facts. Jacobs asserted that turkey hunters should not shoot unless they can see the turkey and verify its gender. The court could not determine whether Kent had failed to follow this rule when he shot Jacobs. They also could not determine whether the
doctrine of primary assumption of risk, which Kent pointed to in his defense, was even applicable. The court also called into question whether Jacobs had also been negligent. Ultimately, the case didn’t move forward.
Maybe next time, they should just try getting a turkey from the supermarket.
IS A MISDEMEANOR REALLY A MINOR OFFENSE?
WHY YOU NEED AN ATTORNEY TO HELP WITH THESE CHARGES
POSSESSION OF MARIJUANA If you’ve been charged with possessing a small amount of marijuana, you are looking at a misdemeanor case. When we’ve met with first-time offenders in this predicament, we look to diversion and drug-court programs as a way to allow for a charge dismissal. Keep in mind that the requirements for these programs vary from courthouse to courthouse, so it’s important to have a knowledgeable attorney advocating for you.
The state may consider misdemeanors minor offenses, but in reality, the accused may face severe consequences depending on the circumstances. While many cases result in sentences that include mandatory counseling, fines, or probation, there are some that include up to a year of jail time. If you’ve been charged with a misdemeanor, it’s important that you seek help from a knowledgeable attorney; one who can determine what resolution best suits each person’s needs and goals whether that is a reduced sentence, the pre-trial Diversion program, or a trial. Because some people who have been charged aren’t sure if what they’re being accused of qualifies as a misdemeanor, our team here at Frye Law Group wanted to offer some examples of the most common misdemeanor cases we take on. DUI While there are some circumstances that can increase this offense from a misdemeanor to a felony, generally speaking, a DUI is a misdemeanor. If you are stopped by police and asked to perform a field sobriety test, keep in mind that you have the right to refuse to complete the exercises with no adverse consequences. We tell clients that field sobriety tests only serve as a way for officers to gather evidence to prove what they’ve already concluded: the driver has been drinking.
BATTERY Similar to a DUI, there are circumstances that can increase this offense to a felony, but, for first-time offenders, a battery charge is a misdemeanor. Dealing with battery charges is complex because they can encapsulate a wide range of conduct. If you or someone you know has been charged with battery, it’s important to realize there are numerous defenses, the most important being self-defense. Just because the court views these charges as minor offenses doesn’t mean they can’t negatively impact your life for several years. If you’ve been accused of crime, be sure to gather all the information you need to fight your case by talking to an attorney who can help!
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THE LIGHT AT THE END OF THE TUNNEL
HOW FRYE LAW GROUP HELPED THESE CLIENTS FIND THE OUTCOMES THEY NEEDED! Here at Frye Law Group this month, we have a lot to celebrate. In addition to honoring men and women on Veteran’s Day who have sacrificed so much and gathering with our family and friends over a delicious feast on Thanksgiving, we also received word about a wonderful case outcome for a recent client. Several months ago, we began working with a client who had been accused of a felony. Eleven days before his trial was supposed to start, our hardworking team of attorneys was able to get his case resolved and his sentence reduced to a misdemeanor. While all of us here at Frye Law Group know that successful outcomes like these are more than possible, there are a lot of people out there who have been accused of a crime and don’t believe there is anything they can do to fight it. But with our relentless team, you have the opportunity to find your own successful outcome. Check out these two former clients’ experiences working with our attorneys! “Frye Law group is beyond amazing. Even when it seems like there is no hope, they produce positive results. I have met with the attorneys in their office on behalf of my son multiple times, and while I pray that I won’t need their services again, I will always be walking free advertisement for them. I can’t thank Frye Law Group enough.”
“I highly recommend Kim and the rest of the team at Frye Law Group. We had a situation that came up in our family, and I had no clue how to handle it. A friend recommended Frye Law Group, and it was the best advice that I received to date. We hired Kim to take on our case, and I couldn’t have asked for a better person to represent us. If you’re confused and scared and don’t know where to turn, I suggest giving Frye Law Group a call. They are excellent!”
–Dan M.
If you or someone you know has found themselves in a similar situation and doesn’t know who to turn to for help, don’t hesitate to consult our team at 770-919-9525. Just as we worked alongside these former clients to help them get the case outcomes they needed, we will do the same for you! Call our office or go to FryeLawGroup.com for your free case evaluation by our team!
–Tracy B.
IT’S TRIVIA TIME! CAN YOU GUESS THIS POORLY EXPLAINED MOVIE PLOT? 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@ fryelawgroup.com 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! “A scary but wise-cracking boiler technician who isn’t afraid of sharp metal objects teaches high school students that their dreams are real.” 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!
THE BEST LEFTOVER TURKEY SANDWICH
Thanksgiving may be held on Thursday, but the food often lasts at least through the weekend. To make the best use of the excess, grill up some killer turkey sandwiches.
INGREDIENTS • 2 slices sourdough bread • 2 tbsp Dijon mustard • 2 slices Swiss cheese • 1/3 cup shredded leftover turkey
• 3 tbsp leftover cranberry sauce • 1/3 cup leftover dressing or stuffing • 2 tbsp leftover gravy • 1 tbsp butter, room temperature
Note: Don’t worry if you don’t have all the leftovers required.
DIRECTIONS 1. Coat inside of each bread slice with mustard and a slice of cheese. Place turkey and cranberry sauce on one slice and dressing and gravy on the other. 2. Combine sandwich and spread butter on both sides. 3. In a panini maker or large skillet, grill until crispy and golden brown. 4. Slice and serve.
Inspired by FoodNetwork.com
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Inside this Issue
Where Would We Be Without Our Freedom? page 1
Not Your Ordinary Turkey Shoot
Is a Misdemeanor Really a Minor Offense? page 2 How Frye Law Group Helped These Clients Find the Outcomes They Needed! The Best Leftover Turkey Sandwich page 3
The Gift of Giving page 4
CELEBRATING GIVING TUESDAY
THE GIFT OF GIVING
November is usually all about Thanksgiving, but it isn’t the only holiday that encourages generosity. Giving Tuesday is a phenomenal celebration in which millions of people from across the globe are inspired to spend 24 hours giving back to the communities they love. ORIGIN AND GOAL Giving Tuesday is celebrated every year on the Tuesday following Thanksgiving, and this year, the holiday lands on Dec. 3! It was established in 2012 by the United Nations Foundation and New York’s 92nd Street Y as a response to consumer-driven holidays like Black Friday and Cyber Monday. The purpose of the holiday was to spread the spirit of giving, not only for the people in our nation but individuals across the world. The goal is “to create a massive wave of generosity that lasts well beyond that day and touches every person on the planet.” TECHNOLOGY AT ITS BEST Through the use of social media and technology, the organization hopes to encourage and spread generosity on a global scale using the hashtag #GivingTuesday. The website states that “... technology and social media could be used to make generosity go viral; that people fundamentally want to give
and talk about giving.” Through massive social media platforms like Facebook and Twitter, the individuals and companies participating in Giving Tuesday can spread their missions and messages all over the world, encouraging others to do the same. HOW YOU CAN CELEBRATE Now is the perfect opportunity to support your community and the causes you believe in. The best part of this holiday is that “giving” doesn’t just refer to donating money. People can give back by volunteering their time to help a nonprofit business, donating goods and food, or just buying a stranger some lunch. Even the smallest actions can have the biggest impact. If you’re interested in participating in Giving Tuesday, get together with your friends, family, sports team members, or neighbors to brainstorm on how you can give back. To learn more about how you can participate, visit GivingTuesday.org .
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