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THE Defender
JULY 2019
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COME SEE OF THE DECLARATION OF INDEPENDENCE THIS FOURTH OF JULY!
WHAT ARE WE CELEBRATING THIS MONTH?
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed. Over 200 years have passed since our country’s official extrication from Great Britain following the end of the Revolutionary War. People often forget that the Fourth of July marks an extremely important historical event: our nation’s independence from an oppressive government. With all the parades, fireworks shows, and other inviting festivities going on in downtown Marietta over the holiday weekend, I understand why people might overlook the historical elements at play. To shed some light on the true meaning behind our fantastic annual celebrations, in the past I’ve chosen to lead a reading of sections of the Declaration of Independence with judges and fellow defense attorneys outside the courthouse on Independence Day. “Ideologically and pragmatically speaking, the best part of residing in the U.S. is the freedom we experience, but it seems to me that many of the freedoms we enjoy are slowing being chipped away, especially when it comes to matters related to security and privacy.” I have participated in these readings before and noticed is how fascinating the actual words written in the Declaration of Independence become when you consider them against our contemporary societal security efforts. Ideologically and pragmatically speaking, the best part of residing in the US is the freedom we experience, but it seems to me that many of the freedoms we enjoy are slowing being chipped away, especially when it comes to matters related to security and privacy. In decades past, we enjoyed more freedom simply because our nation started under the thumbnail of an oppressive government. But ever since that fateful day on September 11, we, as a country, have been more willing to give up our freedom for the allusion of security without additional security. Many argue that post 9/11 efforts must have worked since we haven’t had an international terrorist attack on our soil since then. But while our eyes are turned outward,
we fail to recognize that by enabling the militarization of our country, we’ve splintered our nation and bred dissent and danger. The government is now driving wedges between factions of the country and fueling constant hatred, all for the allusion of security. I can’t help but wonder what would happen if the government shifted their perspective to include the violent and often deadly attacks (such as school shootings) on our own soil as acts of terrorism. If they looked at these grave attacks as seriously as they did shoe inspections, I like to believe that we would see more actual security and increased safety for the kids in our schools. Those of us in the legal system who opt to read the Declaration of Independence each year want our listeners to understand why it’s necessary for people like us to keep the government in check and celebrate the true meaning behind this important document: Upholding the inalienable rights of all people and protecting those rights from government infringement. So as you make your Fourth of July plans to grill up some delicious brats, light off some epic fireworks, and soak up some Marietta sunshine, I encourage you to block off some time to read the Declaration.
Have a safe and happy Independence Day!
–Kim Keheley Frye
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GONE TO THE DOGS
CAN A THIEF SUE THE FAMILY HE ROBBED?
The Fourth of July is already expected to attract a record number of Americans to the roads this year. As one of the United States’ most popular holidays, Independence Day has the power to bring together families and friends from all over the country. Unfortunately, all the barbecues, fireworks, and general debauchery come with some unfortunate public health consequences. According to Esurance and the Insurance Institute for Highway Safety, “Fourth of July is the worst day of the year for fatal car crashes,” and a reported “40% of all highway deaths in the last 10 years were caused by drunk driving over the Fourth of July weekend.” These statistics alone make the Fourth of July the deadliest holiday in the country. Everyone knows that driving under the influence of too much alcohol is illegal, and, per Georgia state law, if a driver’s alcohol blood level is .08 or above, they are considered to be driving under the influence. A DUI is a per se offense, meaning that a blood alcohol level of .08 alone is defined as driving under the influence. In that way, a driver needs not have intent to commit a crime. That being said, a person can have a blood alcohol level of less than .08 and still be guilty of driving under the influence. For example, if you are under the age of 21, .02 is the legal alcohol-blood limit. Moreover, a driver’s performance may affect a DUI charge. In this instance, performance refers to Have you heard the story of Terrence Dickson? Even if you don’t know the name, you might have heard his strange tale. Dickson was a burglar in Bucks County, Pennsylvania. One day, after breaking into a house and helping himself to some valuables, Dickson decided to leave through the garage. After discovering the automatic garage door was stuck closed, Dickson turned around and was horrified to realize he’d locked himself inside. To make matters worse, the family he was stealing from had just left for an extended vacation, so Dickson lived off of soda and dried dog food for eight days. When the family returned and found the unlucky burglar, a lawsuit was filed — by Dickson! He sued for mental anguish, and the jury awarded him $500,000. There’s nothing that shakes our faith in the justice system quite like injustice being served. When Dickson’s story first gained notoriety in 2001, thanks to an email circulated by the now-defunct Stella Awards newsletter, which highlighted “outrageous lawsuits,” people were rightfully enraged. There was just one problem: Terrence Dickson never existed. In 2002, a reporter from Pennsylvania contacted the Bucks County prothonotary’s office, where all records for civil cases in the county are kept. He discovered there was no record of any cases involving such a burglar. It’s worth noting the original email where this story first appeared ended with a SOME SOBERING FOURTH OF JULY FACTS
call for tort reform from a made-up law firm in Ohio. Likely, this hoax was an attempt to manipulate the public perception of the justice system. Despite being debunked 17 years ago, this tall tale still makes the rounds and often appears on lists of “outrageous lawsuits,” many of which are featured on the websites of legitimate law firms!
There are plenty of wacky legal cases, but when a story is too ridiculous, there’s a good chance a few important details are being left out or the readers are being lied to. Don’t believe everything you read online!
BE CAREFUL OUT THERE THIS YEAR!
what occurred when the person was driving and how they reacted to roadside sobriety tests. Moreover, the police officer’s observations of the suspect may serve as evidence. For example, a prosecutor may present bloodshot eyes, the odor of alcohol, and a disheveled appearance as evidence in court at a future date.
While the Fourth of July is meant to be a day filled with fun, excitement, and patriotism, it can also be dangerous if you aren’t prepared. Let’s all work together to make this holiday a little bit safer this year and do our best to plan ahead. Here are ride-share codes to help. If you’re using LYFT, type in code KIM289808. For UBER, use code 9b4io. Otherwise, don’t hesitate to give us a call.
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HOW TO KNOW IF AN ATTORNEY IS RIGHT FOR YOU WHEN IS IT TIME TO HIRE AN ATTORNEY?
If you’ve recently had your first minor scrape with the law, then you likely have a hundred questions filling your head. One of the most important questions is “Do I need to hire an attorney?” Serving as a prosecuting attorney for several years and now a defense attorney, Kim assiduously works to ensure that every potential client who walks into the office knows when it’s necessary to bring in a lawyer. Her rule of thumb is: Did you get fingerprinted? Then, you need an attorney. Using Kim’s rule, you can determine whether or not you need legal representation fairly easily, but choosing which attorney to work with is far from simple. Here are some important first steps you can take: 1. Do your research. It’s important that the attorney you decide to work with has a strong reputation throughout the community. Do their past clients speak of them fondly? Are they respected by their peers? You can conduct your own basic background check by investigating their website and looking for reviews online. If their previous clients were impressed by their advocacy, attention to detail, and communication skills, chances are you will be too. 2. Schedule a meeting. After an initial consultation, make sure you schedule a meeting with your prospective lawyer in his or her office. This establishes a place where you can frequently meet over the duration of your case. An initial meeting can also help you determine whether or not you can trust them to have your best interests in mind and stay focused on your case no matter how long it takes to resolve.
3. Look around. Even when prospective clients come into her office, Kim always encourages them to meet with at least two other attorneys to make sure she is the perfect fit. Meeting with multiple attorneys, unfortunately, takes some time. When you’re in need of legal representation, you likely want someone on board immediately, but ensuring you have the right attorney — one with whom you are comfortable and confident — is necessary for a successful outcome in court. Choosing the right lawyer is much like choosing a doctor. You wouldn’t entrust your heart to someone who had never operated on one before. Finding an attorney requires the same due diligence. Have questions? Let us know how we can help!
TEST YOUR KNOWLEDGE WITH SOME MOVIE TRIVIA
WATERMELON CUCUMBER SKEWERS
Even the best of students hates taking tests, but here at Frye Law Group, we love a good trivia question.
Skewers are a Fourth of July favorite, but these are not your classic kebabs. They’re a fresh, light, and fun way to start a barbecue. Oh, and they don’t require any actual cooking.
Check out the following film quote below:
“We must not confuse dissent with disloyalty. We must remember always that accusation is not proof, and that conviction depends upon evidence and due process of law. We will not walk in fear, one of another. We will not be driven by fear into an age of unreason if we dig deep into our history and our doctrine, and remember that we are not descended from fearful men. Not from men who feared to write, to associate, to speak, and to defend the causes that were for the moment unpopular.” Do you know the movie this quote is from? If so, send an email to news@fryelawgroup.com as soon as possible, including your phone and the title of the film. The first three responders to answer correctly will win a free gift card to Jack’s New Yorker Deli!
INGREDIENTS
• 1 medium-sized
• 1 block feta cheese, cubed • 1 bunch fresh mint leaves • Salt, to taste
watermelon, cubed • 2 cucumbers, cut into 1/4-inch rounds
EQUIPMENT
• 1 packet of bamboo skewers
DIRECTIONS
1. Assemble skewers by placing one watermelon cube, one cucumber round, one feta cube, and one mint leaf on skewer in that order. Repeat until skewer is full.
2. Lightly season with salt and chill in fridge until right before serving.
Inspired by CookingLight.com
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170 Anderson Street SE, Marietta, GA 30060 770-919-9525 FryeLawGroup.com
Inside this Issue Come See of the Declaration of Independence This Fourth of July! page 1
Did You Hear About the Dog Food Burglar?
Some Sobering Fourth of July Facts page 2
How to Know If an Attorney is Right for You
Watermelon Cucumber Skewers page 3
A Tail of Bravery page 4
THE GUARDIAN WHO WOULD NOT LEAVE HIS WATCH
ODIN LIVES UP TO HIS LEGENDARY NAME
Amid the devastation of the wildfires that tore through California in the fall of 2017, a few heroic tales rose up to give people hope. One such tale was of Odin, a loyal Great Pyrenees guard dog. Along with his sister, Tessa, and eight rescue goats, Odin is part of the Hendel family. It was mid-October when the Hendels were awoken by the smell of smoke, a fierce orange sky, and sounds of destruction — urgent warnings from Mother Nature. Gathering everyone as quickly as they could, the Hendels got their human family members and Tessa in the car, but Odin, seated proudly next to the eight goats, refused to get in. Try as they might, the Hendels could not get him to come with them, and there wasn’t enough room in the car for the eight goats. With the firestorm quickly approaching and the risk of losing even more family members increasing with each passing minute, the Hendels made the heart- wrenching decision to leave Odin and the goats behind. The family made it to safety with Tessa in tow, relieved to be together but heartbroken that Odin and the goats weren’t with them. After several agonizing days, it was finally safe enough for them to return home and survey the destruction.
What did the Hendels find? Ashes, rubble, their barn and home burned to the ground — and Odin. There he was, still guarding his eight goats and some small deer that had sought shelter with the brave canine. Weakened, burned, and limping, but nevertheless steadfast, Odin had never left his goats, even as the fire raged around them. Odin wagged his tail as he saw his family, happy to see they were also safe. The Sonoma County Wildlife Rescue and the Goatlandia Animal Sanctuary provided temporary shelter for the goats and pups while the Hendels rebuilt their barn. Odin received all the care he needed, along with a lot of love and treats. Today, Odin and his goats are back with their family, rebuilding their lives after this devastating wildfire. But the Hendels, and anyone who’s heard the story, won’t soon forget the bravery of Odin, the amazing pup.
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