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THE Defender
OCTOBER 2019
770-919-9525 • FRYELAWGROUP.COM
EVERY LAW FIRM NEEDS A STELLAR SENIOR ASSOCIATE
Hello to our avid newsletter readers! I’m Jenny Mason, the Senior Associate and second-in-command here at Frye Law Group. I’ve had the pleasure of working with Kim and the other members of our dedicated team for a little over a year, and, during that time, we’ve put our heads together to approach every single one of our firm’s cases with cohesive tenacity in order to ensure the best possible outcome for our clients in the community. While my time at Frye Law Group has been excellent for a number of reasons, my heart sought out criminal defense a long time ago. Back in 1994, exactly 25 years ago, upon graduating from law school in North Carolina, I decided to move to Atlanta. I didn’t have any plans to pursue a career in defense, but, after the attorney I was working for brought me in on a couple of cases, I immediately realized this practice area was the right fit for me. In fact, it was during the very first case I took on that I discovered just how noticeable a difference I could make it my clients’ lives. The vast majority of people who are seeking out a defense attorney are navigating the justice system for the first time in their lives, so they are understandably stressed. But, once I am able to sit down and start solving problems with them, I can see some relief start to set in.
well as options to keep them out of custody and off of probation. The simple truth is that people make mistakes every day, but every single person, no matter who they are, deserves a second chance. Their mistakes should never equate to the sum total of their life, but, without a knowledgeable and passionate criminal defense lawyer, the judicial system can strip them of the opportunity to grow from those mistakes. In addition to being able to add value to Frye Law Group and work closely with an attorney I’d commended for years, I also thoroughly enjoy the location and focus of our office. With the office centered in Cobb County (where my family and I also live), I’m able to spend less time commuting and more time hiking, traveling, and trying out new restaurants with my husband and 10-year-old daughter. Furthermore, the opportunity to work for a firm that specializes in taking on Cobb County cases allows me to serve clients that live in the same area that I do, which means that I can relate to their situations with far more understanding. All in all, coming here has been, and will continue to be, an amazing experience. I’m so grateful to Kim and everyone else here at Frye Law Group for welcoming me into their family!
“The simple truth is that people make mistakes every day, but every single person, no matter who they are, deserves a second chance.”
Upon realizing that my passion lies in providing a strong legal defense, I did federal criminal defense for another firm in Atlanta and then served as a public defender in Fulton County for a number of years. I had my own practice at one point as well. While I briefly dabbled in personal injury law, my desire to eradicate indigent defense for those in the community brought me to Kim and her firm. I’d seen Kim in action in the courtroom on several occasions over the years and had always admired her enthusiasm and competence. When I learned that she was looking to add another attorney to her team, I joined as quickly as I could. At Frye Law Group, we accept cases that the majority of other lawyers turn away. For example, we don’t shy away from taking on cases involving sex crimes because we feel strongly about helping people understand how easy it can be to make a false allegation and how quickly a young person can be adjudicated as a delinquent when he/she did nothing wrong. In other types of defense cases, we spend ample time looking for alternatives for our clients in terms of treatment, as
–Jenny Mason
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A GRAVE LEGAL MATTER HALLOWEEN DECORATIONS OR FIGHTING WORDS?
We’ve all played a harmless trick or two, but sometimes, Halloween shenanigans get out of hand. They can lead to hurt feelings, outraged neighbors, and, in the case of Purtell v. Mason, a lawsuit. In the days leading up to Halloween, all was not quiet in the village of Bloomingdale. Previously parked in a storage unit, Jeff and Vicki Purtell’s 38-foot RV was now parked in front of their house. In protest, neighbors petitioned to town officials, wanting an ordinance put in place to prohibit RV parking on residential property. While the ordinance was under consideration, Jeff Purtell took matters into his own hands. He erected six wooden tombstones in his front yard. They seemed to be innocuous Halloween decorations, but these tombstones displayed a special message for the neighbors. Each headstone was inscribed with a sarcastic message and house number, implying the occupants’ death dates. These messages soon caught the neighbors’ attention.
THE VERDICT Purtell sued Officer Mason on the grounds of violating his rights to free speech, and the case made it all the way to the 7th U.S. Circuit Court of Appeals. Judge Sykes ruled that the tombstones did not constitute fighting words and were protected under the First Amendment. However, she also ruled that Officer Mason was entitled to qualified immunity, as any reasonable officer would act the same under the circumstances. The bigger question might be how this case made it all the way to the U.S. Court of Appeals. As Judge Sykes wrote in her opinion, “Lawsuits like this one cast the legal profession in a bad light and contribute to the impression that Americans are an overlawyered and excessively litigious people.”
“Bette wasn’t ready, but here she lies, ever since that night she died. Twelve feet deep in this trench, still wasn’t deep enough for that stench! 1690.”
Insulted and a little afraid, Purtell’s neighbors called the police to have the headstones removed. After a couple of visits, Officer Bruce Mason arrived and threatened to arrest Purtell if he didn’t take the tombstones down. Purtell obliged, but the matter wasn’t put to rest.
YOU CAN’T BELIEVE EVERYTHING YOU SEE ON TV
IT’S TIME TO DEBUNK SOME POPULAR CRIMINAL DEFENSE MYTHS!
Unless you’ve had a run-in with the law, your perspective of the criminal justice system might be molded by what you’ve seen on television. In many cases, even the most popular and intriguing of shows can get it terribly wrong. For this reason, we here at Frye Law Group want to debunk three of the most commonly believed myths associated with the work we do. 1. MIRANDA RIGHTS ARE REQUIRED. Many people falsely believe that if they are arrested for an alleged crime, the arresting officer must immediately read them their rights. In reality, people who are arrested in criminal cases have the right to remain silent and to speak to a lawyer, but the police only have to inform people of these rights when they are held in custody and questioned about the offense. Arrestees often believe that when police do not read the Miranda Rights, it is an automatic basis for dismissal of the criminal change, which is untrue. 2. WHEN STOPPED, I HAVE TO ANSWER QUESTIONS. It is not against the law to refuse to answer a police officer’s question if you are stopped. Many falsely believe that if they answer all questions, an officer will feel more inclined to let them go. This is unfortunately false. A good rule of thumb is to ask the officer if you are free to leave. If you are, the best thing you can do is to politely leave without answering questions. If they reply that you
aren’t free to leave, you should politely ask for an attorney and remain silent (then give our office a call).
3. MY CLEAN RECORD WILL SAVE ME. While a clean record can sometimes result in a reduction to a lesser charge, the great majority of criminal defendants have no prior criminal record. That’s why it’s important to make sure you touch base with our team if you have a run-in with the law — no matter how clean your record was previously. We pride ourselves on providing relentless defense, and we won’t quit until we find a solution.
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ON HAVING FUN BUT STAYING OUT OF TROUBLE
TIPS FOR KEEPING YOUR TEEN SAFE THIS HALLOWEEN
The season of pumpkins, costumes, and candy corn is officially upon us, and, in preparation for one of the most exciting and beloved annual holidays, parents often experience a lot of mixed emotions. If they have little ones at home, parents might spend many happy hours helping create the perfect fairy princess, Ninja Turtle, or vampire for a fun-filled trick-or-treating adventure. If their little ones have already grown into teenagers, however, parents might feel a little worried about the trouble this holiday may bring. With many cities discussing a community-wide ban of teen trick-or-treating, these older kids often have to find other ways to celebrate. Because the spirit of Halloween can often foster some riskier behavior, here are some tips to keep in mind to ensure your teen still has fun but stays out of legal trouble. Make a plan. If your teen has asked to go out with friends, sit down with them and make a plan. Do they know who they will be hanging out with? Do they know where they will be? Discuss a curfew, and, if they are hoping to stay over at a friend’s house, write down the phone numbers of the friend’s parents and make sure they are aware of the plans as well. Have the hard discussions. You might be worried that it’s too early to talk to your kids about binge drinking, but many teens are being exposed to alcohol at ages as young as 12 even if they aren’t partaking themselves. We all know
that alcohol compromises your decision-making skills, and younger people are obviously more at risk. Themed sugary drinks can be tempting, but make sure your teen understands that, in many cases, 4–5 drinks can lead to alcohol poisoning. Help them help others. Even if your teen is responsible when it comes to drugs and alcohol, there may be others around them who are not. Make sure your teen knows not to get in a vehicle with drivers who have been drinking and to call you if they don’t feel safe or if they sense trouble brewing. That being said, our team here at Frye Law Group understands that parents and teens can’t plan for everything. If an arrest occurs this Halloween, we want you to know you have options for a defense. We will be there every step of the way.
IT’S TRIVIA TIME! CAN YOU GUESS THIS POORLY EXPLAINED MOVIE PLOT? If you’ve been following along in our recent newsletters, then you know that here at Frye Law Group, we love a good trivia question. In the past, we’ve provided a quote from great films and asked you to guess from where the quote came. Now, we’re going to try something a little different. 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 group made up of several brave males with vastly different looks takes 9 hours to return a piece of jewelry.” 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!
CHOCOLATE-DIPPED FRUIT
This super easy and fun way to create homemade treats provides your kids with a healthier and more delicious alternative to packaged industrial candy. As a bonus, making it is an awesome Halloween activity for your family to enjoy.
INGREDIENTS
• 1 package melting chocolate • Assorted dried fruit, including apricots and mangoes
DIRECTIONS
1. In a large saucepan, bring 1 inch of water to a boil. 2. Place a large, heatproof mixing bowl on top of saucepan so that no steam can escape. Place melting chocolate in mixing bowl and double boil until melted. 3. Dip half of each piece of fruit in chocolate before transferring to a parchment-lined baking sheet to rest. 4. Let cool for 10 minutes until chocolate solidifies. 5. Place in school lunches, serve at parties, and indulge in a few for yourself.
Inspired by Food Network
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Published by The Newsletter Pro • www.TheNewsletterPro.com
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170 Anderson Street SE, Marietta, GA 30060 770-919-9525 FryeLawGroup.com
Inside this Issue
Jenny Mason Explains Why Her Heart Lies With Criminal Defense page 1
Grave Matters of the Law
You Can’t Believe Everything You See on TV page 2 Tips for Keeping Your Teen Safe This Halloween
Chocolate-Dipped Fruit page 3
The Real Legend of Sleepy Hollow page 4
HAYRIDES AND HEADLESS HORSEMEN
HALLOWEEN CELEBRATIONS IN SLEEPY HOLLOW
In 1790, a school teacher named Ichabod Crane was riding home alone from a harvest festival in the village of Sleepy Hollow when he encountered a mysterious rider on horseback. Crane, horrified by the horseman’s missing head, turned and ran in the opposite direction. The Headless Horseman gave chase, hurling his own decapitated head at the terrified teacher. Ichabod Crane was never heard from again ... or so goes “The Legend of Sleepy Hollow” by Washington Irving. This story, first published in 1820, has become a Halloween favorite. The legend is so beloved that in 1997, the village of North Tarrytown, New York, where many events of the story take place, officially changed its name to Sleepy Hollow. Today, the town becomes one big Halloween party during the month of October. Sleepy Hollow is home to many historic landmarks, including the Headless Horseman Bridge and the Sleepy Hollow Cemetery, where Washington Irving himself was laid to rest. Evening lantern tours of the cemetery are a popular attraction, and Irving isn’t the only spooky celebrity buried there. Fans of the Gothic soap opera “Dark Shadows” will be delighted to enter the crypt of famed vampire Barnabas Collins.
During the event, the 300-year-old Philipsburg Manor is transformed into a living nightmare, where vampires, witches, ghouls, and undead soldiers lurk in the shadows. They all serve the dreaded Headless Horseman and are determined to make sure guests don’t leave alive!
But it’s not all scares in Sleepy Hollow. There’s plenty of Halloween fun for all ages. Sleepy Hollow boasts relaxing hayrides, tours of Irving’s home, live
readings of famous Halloween stories, performances of a brand-new musical based on Irving’s spooky tale, and the Great Jack O’Lantern Blaze, an incredible exhibition of over 7,000 hand-carved pumpkins. If you want a real Halloween experience, you can’t go wrong in Sleepy Hollow. Just be careful not to lose your head!
Another highly anticipated stop for many guests is Sleepy Hollow’s premier annual attraction, Horseman’s Hollow, an experience not for the faint of heart.
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