The Military Discount

Columbus Georgia Lawyer Mark Jones is pleased to announce that all active and former military who hire the firm to represent them in the month of July will receive 25% off their legal fee.

At the Law Offices of Mark P. Jones, LLC, we appreciate your service. There is no higher honor than to serve one’s own country, and we want to give back to all who have served!

Mark is a firm believer in supporting the United States Army, as well as other service members.

Mark has defended soldiers from criminal charges, helping preserve their careers. Further, Mark has recovered substantial settlements and monetary judgments for service members and their families. Representing a soldier is one of the most fulfilling cases for Mark because so much is on the line for the client.

Mark has experience in the following practice areas peculiar to soldiers:

• DUI Charges involving Fort Benning, Georgia
• Felony Criminal Charges in Columbus, Georgia and Fort Mitchell, Alabama
• Domestic Violence Charges and implications under the Lautenberg Amendment
• Personal Injury Cases such as Motor Vehicle Accidents involving TRICARE medical treatment and claims for reimbursement
• Domestic cases involving military retirement division and basic allowance for housing (BAH)

As a soldier, it’s important that the lawyer you choose to represent you cares about you, your way of life, and has knowledge of the legal issues particular to past and current military.

Many firms in the Columbus, Georgia / Phenix City / Opelika, Alabama claim to help soldiers, and many do.  However, Mark knows of no other firm that actively supports the military through discounted legal services. Don’t believe me? If you’re a soldier, give Mark a call today about your legal issue and ask to speak to Mark directly.

View Larger Map

Contact Mark Jones Now!

DUI and the "Actual Physical Control" Requirement

Columbus Georgia Lawyer Mark Jones Discusses the “Actual Physical Control” Requirement of DUI Law

Introduction:

First off – let me apologize for my long hiatus from providing excellent blogging content to the citizens of the great city of Columbus, Georgia.

I love defending DUI cases because they are very technical and succeeding for the client in these cases always has positive consequences for the client’s life and career — whether they are an E6 Staff Sergeant, a teacher, a nurse, an olympic gold medalist, or other professional.

Let’s face it. A lot of us enjoy an alcoholic beverage on the weekend in Georgia — certainly those in Alabama do.

Unlike other substances that our government controls, there is nothing illegal about simply consuming alcohol. What people do after consuming too much of it is an entirely separate issue where the law comes into play. Nearly every domestic violence case I have seen involves alcohol.  Nearly every disorderly conduct case involves alcohol as well. Obviously, most DUI charges and public intoxication charges involve, you guessed it, alcohol.

As I have written before, the best way to beat a DUI charge is to simply not drive after consuming alcohol to begin with.

Seriously, you can always call a cab.

If you are in a large city, you can call an Uber.

You can also call a tow truck driver and ride with the tow truck driver with your car in tow!

With that being said, our legislature has imposed certain requirements for the State of Georgia to prove in the prosecution of any driving under the influence charge:

In order to be guilty of a driving under the influence charge in Georgia, the prosecutor must prove that the defendant

(1) (a) drove or  (b) was in actual physical control of any moving vehicle;

(2) (a) with an alcohol concentration of .08 grams or more; or (b) to the extent that it was less safe for her to drive

This is a legal term of art that allows for silly prosecutions. Imagine someone who has fallen asleep drunk in an RV in a Walmart parking lot. He/she may have consumed alcohol in the equivalent of their home, protected by my favorite amendment to our Constitution, Amendment IV, and yet still receive a DUI under the technical DUI definition because he/she was in actual physical control of a motor vehicle.

Common “Actual Physical Control” Scenarios

The most common scenario where the “actual physical control” element of a DUI charge is used to prove a DUI conviction is where the driver has fallen asleep in her vehicle on the side of the road after consuming alcohol.

If the State can prove you were in the vehicle, keys in ignition, and a hot engine, then this circumstanial evidence will likely prove sufficient to convict you of DUI even though you were not technically “driving” at the time that the officer made the charge against you.

Factors Courts Look at in Proving Actual Physical Control

The Georgia appeals courts have identified several factors that prosecutors can use in proving that a defendant was in actual physical control of a moving vehicle including:

• whether the defendant owned the vehicle, see, e.g., Coates v. State, 212 Ga. App. 93 (defendant owned car and was in driver’s seat when officer arrived to parked vehicle)
• whether defendant made incriminating admissions, State v. Hill, 178 Ga. App. 669 (1986) (defendant told officer she swerved to miss a dog)
• whether the engine was running or transmission was “in drive,” Jones v. State, 187 Ga. App. 132-133 (1988) (defendant was slumped over steering wheel asleep with engine running and transmission in drive)
• whether the defendant had possession of the keys to the vehicle or attempted to start the vehicle, Krull v. State, 438 S.E. 2d 37 (1993)

Conclusion:

In order to make out a case for DUI where you were not actually driving the vehicle, the State of Georgia must prove actual physical control of the vehicle you allegedly drove. This is a very significant distinction in cases where the Defendant is found to be asleep behind the wheel.  In order to have a chance at beating your charges, you need an experienced DUI attorney to represent you in the matter.

Call Mark Jones today for a free consultation concerning your or a loved one’s legal situation when charged with a DUI.

View Larger Map

Contact Mark Jones Now!

Drug and Civil Asset Forfeiture Laws

Columbus Georgia Lawyer Mark Jones Discusses Drug Forfeiture Cases

“The police seized my car because my husband was found driving it with marijuana in the vehicle,” a recent concerned wife who retained me stated. Welcome to the world of civil asset forfeiture.  In drug cases, forfeiture proceedings in civil court customarily precede any case where the arresting officer thinks that the suspect is a drug dealer.

Asset forfeiture proceedings is where the cars and boats for police auctions come from.  Further, in some cases, forfeiture laws have been held to apply to bank accounts and even houses.

Asset forfeiture brings in millions of dollars each year that law enforcement entities can then use for their budgets.

Forfeiture proceedings are governed by Georgia’s Civil Practice Act and other specific code sections in Title 16 of the Georgia code. See generally, OCGA 16-13-49 et seq.

Historically, Georgia’s Civil Asset Forfeiture laws have been rated as among the worst in the nation in regards to protecting the property rights guaranteed to us by our Federal Constitution and our Founders. See Amendment V.

John Locke, whose ideas heavily influenced our Founders, stated that the three central rights of every human were “life, liberty, and property.” To Locke, the State was created to protect these rights — not destroy them based on unsubstantiated allegations. How far we have come from the ideals of our Founders when a traffic stop that may or may not be good can lead to the seizure of an innocent owner’s property!

President Obama, through his then-attorney-general, Eric Holder, recently issued an executive order stating that he was ending a federal program whereby state and local agencies could cooperate with federal agencies in asset forfeiture.  Eric Holder’s order ended the federal Equitable Sharing program for asset forfeiture involving charges that do not involve firearms, ammunition, or explosives. This was a sweeping change in a law that previously allowed state and local officials to use federal law to seize cash and other assets suspected to be associated with drug transactions.

If you or a loved one’s property has been seized due to criminal allegations, call the Law Offices of Mark Jones today for a free legal consultation regarding your case.

View Larger Map

Contact Mark Jones Now!

Alimony, Adultery, and Alabama Law

Phenix City, Alabama Divorce Lawyer Mark Jones Discusses Adultery and Alimony in Alabama

Introduction

Clients that I represent in Phenix City, Opelika, or Auburn, Alabama often ask me what impact a spouse’s adultery has on an award of alimony when the couple is contemplating divorce.

This is particularly concerning for a client who has been married a significant amount of time to a spouse that is cheating. Obviously, it is difficult for an innocent spouse to stomach the thought of paying a disloyal, cheating spouse a significant amount of alimony following a divorce.

Oftentimes, my clients in these cases have substantial assets that they have accumulated over the years with the spouse who is has cheated.  These clients generally have a significantly higher paying job than the cheating spouse, or the spouse may be a “stay at home” spouse.

In cases such as these, I will advise my clients to move to Georgia where adultery that causes the separation of the parties is a complete bar to the receipt of alimony.

Unlike Georgia, Alabama Does Not Bar an Adulterous Spouse from Seeking Alimony.

In Georgia, adultery is a complete bar to alimony so long as the adultery is the cause of the separation of the parties and the other party has not condoned the adultery. See generally, OCGA 19-6-1 (adultery a bar to alimony).

Condonation basically means you forgave the adulterous spouse and shacked back up with them (i.e., cohabitation). Cf. Stanley v. Stanley, 115 Ga. 990 (1902). Conclusive evidence of condonation would be resuming sexual intercourse with the adulterous spouse after the adultery. See Dixon v. Dixon, 211 Ga. 869 (1955).

Conversely, in Alabama, adultery is just one factor in considering alimony. See Ala Code 30-2-52. In Alabama, there is no statute that specifically bars alimony in the case of adultery as Georgia does. Rather, adultery is listed only as a factor in determining an alimony award in Alabama.

Adultery Does Not Bar Equitable Division of the Marital Estate in Alabama

Adultery also plays a major role in property division, however, in Alabama. See, e.g., Wright v. Wright, 19 So.3d 901 (Ala. Civ. App. 2009). The same is true for Georgia. Peters v. Peters, 248 Ga. 498 (1981).  Even with adultery present, the adulterous spouse is still entitled to equitable division of the marital estate in both Georgia and Alabama. Id. 

An example of a typical equitable division of property in family court is seen below.  In this case, despite his adultery, the husband received his rightful 1/2 share of the parties’ washing machine.

Cohabitation with a Third Party and a Meritricious Relationship Will Warrant Modifying Alimony in Alabama

However, Alabama does still permit a former spouse to bring an action to eliminate alimony if the ex-spouse begins a meritricious (sexual) relationship and cohabits with a member of the opposite sex while receiving alimony payments. Ala. Code 30-2-55. This is identical with Georgia law on the issue of alimony modification after the ex-spouse cohabits with a third person. OCGA 19-6-19.

Superbowl Rapper Mike Jones & Lawyer Mark Jones

Rapper Mike Jones Comes to Columbus, GA to Meet Lawyer Mark Jones for Superbowl Spot

Introduction

It’s 2015 and Rapper Mike Jones WHO? MIKE JONES is back with a new Superbowl Spot for the Columbus, Georgia Metropolitan Area with Columbus GA Lawyer Mark Jones.  Lawyer Mark Jones produced the spot for Rapper Mike Jones along with WLTZ 38.  WLTZ 38, of course, has a broadcast reach of 500,000 and is a leading station in the local Nielsen Ratings.

Who? Mike Jones

Lawyer Mark Jones and Rapper Mike Jones have wanted to collaborate with one another for some time. Lawyer Mark Jones recently started his own law firm in Columbus, Georgia.  Ever since starting his own firm, Lawyer Mark Jones wanted to work to bring Rapper Mike Jones to Columbus, Georgia.

Mark Jones did this because he felt like no rappers were showing Columbus, Georgia, much love. Thus, Mark Jones wanted to work with Mike Jones about the Superbowl Spot.  Mark Jones felt that all the rappers wanted to go to Atlanta to perform but not come to Georgia’s second most populous city to show love.

Mark Jones reached out to WHO? MIKE JONES! Yeah, Mike Jones, to see if he would be interested in running a Superbowl Spot in the Columbus, Georgia Area.

Mike Jones Comes to Columbus

Mike Jones was very receptive regarding the showing of much love for Columbus, Georgia and the need for a rapper to come to the city. Mike Jones is very busy.  His schedule is booked with shows in Arizona, Mobile, Houston, Dallas, and Fort Worth.

What has Mike Jones Been Doing

Mike Jones has been in the studio, grinding riding the MoneyTrain.  Mike’s MONEYTRAIN mixtape has been downloaded over 300,000 times by loyal fans. Lawyer Mark Jones’ personal favorite on Mike’s new mixtape is “I remember.” Mike Jones has been active on instagram and has a following of over 45,000 active users under the username @wheresmikejones.  Mike Jones has over 223,000 Twitter followers under the handle @Mr_Mike_Jones.

Mike has also been in the studio working hard on his new album Where’s Mike Jones, which is expected to drop soon.

After connecting with Lawyer Mark Jones through a local producer in Columbus, Georgia, Mike Jones wanted to come to Columbus, Georgia to show love to the area by creating a Superbowl Spot for 2015 for the Columbus, Georgia market.

The Jones Difference

When Mike Jones came to Columbus, Georgia, Mike wanted to show that Columbus, Georgia was a center of culture and that rappers could visit the city and the fans would should much love.

When Mike Jones came to Columbus, Georgia for a Superbowl Spot in the Columbus, Georgia market, Mark Jones asked Mike Jones about what it meant to be a Jones. Mike Jones responded by telling a story about his Grandmother concerning Mike Jones putting his cell phone number in his rap.

“When we was younger, and I was just starting to blow up with my rap, people were booking fake shows and my fans was saying that I wasn’t showing up.  So my grandma told me to keep saying my name in my raps and put my cell phone number in my rap that way, anyone could call me to be at the show and I would never miss another show. That’s why I put my cell phone in my rap.”

When Mike Jones came to Columbus, Georgia for his spot with Lawyer Mark Jones, Mike Jones was very genuine with all the fans that requested photos with Mike.  Mike did not hesitate to take as many photos and selfies with the fans as the fans wanted. two such selfies came from the firm’s office manager, Kristle Rumph and the firm’s family law paralegal, Marie

:

This story concerning Mike Jones show what it means to be a JONES. Being a JONES means a couple things:

• (1) you never give up;
• (2) you never let the doubters get to you;
• (3) you follow your dreams;
• (4) you stay loyal to the people who show you love;
• (5) you make money with all willing to treat you fairly and you then treat them fairly.

Superbowl Rapper Mike Jones and Lawyer Mark Jones’ Superbowl Spot airs during local air time on Sunday for 30 seconds. Make sure to tune in on WLTZ 38 for the Superbowl and for Mike Jones’ Superbowl Spot.

So Without further ado, here is the Rapper Mike Jones and Lawyer Mark Jones Superbowl2015 Spot!

url=”www.LawyerMarkJones.Com” name=”Law Offices of Mark P. Jones”
description=”Columbus Ga Lawyer Mark Jones” street=”233 12th Street #600″
city=”Columbus” state=”Georgia” postalcode=”31901″ country=”United States”
email=”jones@lawyermarkjones.com” phone=”706-225-2555″ fax=”706-225-
2556″ ] Map to Law Offices of Mark P. Jones
See Inside the
Law Offices of Mark P. Jones

View Larger
Map

Contact Mark Jones
Now!

DUI Sobriety Checkpoint Tips

Columbus GA Criminal Defense Lawyer Mark Jones Discusses Tips for When You Encounter DUI Roadblocks and Sobriety Checkpoints

Introduction: DUI sobriety checkpoints are very common in Columbus, Georgia and Phenix City, Alabama. This is particularly true in Columbus, given the continued presence of the Georgia Department of Public Safety’s Nighthawk Task Force.

As I have previously written, the constitutionality of such roadblocks is debatable. This is because United States Constitution provides that we have a fundamental right to be secure from unreasonable searches and seizures.

Regardless, here are four tips for what to do when encountering a police roadblock.

(1) Do Not Evade the DUI Sobriety Checkpoint / Roadblock!

The urge to evade the roadblock is there when you first realize you will encounter one, especially if you just enjoyed a nice dinner at the Loft in Columbus, Georgia and you had a glass of wine or a beer with dinner. So can you evade a roadblock legally?

The case law is clear that “normal driving that incidentally evades a roadblock does not justify an investigative stop by law enforcement.” Jones v. State, 259 Ga. App. 507, 578 S.E.2d 165 (2003). See also, Jorgensen v. State, 207 Ga. App. 545, 428 S.E.2d 440 (1992), which held that a mere intuition by the police officer that a driver who legally turned into an apartment complex was avoiding a roadblock was not enough to justify a traffic stop.

However, the case law is equally clear that “abnormal or unusual actions taken to avoid a roadblock may give an officer reasonable suspicion of criminal activity even when the evasive action is not illegal.” Stinson v. State, 318 Ga. App. 351, 733 S.E.2d 390 (2012).

Thus, if you evade a roadblock intentionally, your driving may be deemed “abnormal or unusual” by a reviewing court, which gives the officer reasonable grounds to pull you over.

(2) Provide the Officer with Your License and Say Nothing Else.

Officers who are overseeing DUI sobriety checkpoints are looking for drunk or impaired drivers, and the checkpoint should be limited to that under the law. See, e.g., Williams v. State, 293 Ga. 883 (2013) (roadblocks should be limited to specific law enforcement purposes, such as traffic enforcement or detecting driving under the influence, and not general crime detection).

Have your license, registration, and proof of insurance ready when you approach the roadblock. The police can ask you for this information.  See generally, Hibel v. Sixth Judicial District Court of Nevada, 542 U.S. 960 (2004). Chances are that, unless the officer smells alcohol or other contraband when you are stopped, the sobriety checkpoint stop will be a minor inconvenience.

Provide the officer with your ID but say nothing else. If you are riding as a passenger and not operating the vehicle, there is really no reason to say anything to the police but it is always advisable to inform the officer of your name, age, and address.

(3) Determine Whether to Participate in Field Sobriety Tests and the State Administered Test. 

You need to know the basics of DUI field sobriety testing and evidentiary testing before you approach a roadblock, so you can determine how you are going to respond if you have been drinking.

Under Georgia law, you need not submit to field sobriety testing such as the HGN test (Horizontal Gaze Nystagmus), the one-leg stand, or the walk and turn test. Candidly, if the responding officer wants you to take these tests, you are likely going to be arrested anyhow, so it does not make sense to submit to these.

Nor must you submit to the Portable Breath Test (PBT) at the scene of the traffic stop (this is also known as the alcosensor).

Rather, under Georgia’s implied consent law, you must only submit to the state-administered test on the Intoxilyzer 9000, submit to a blood test, or a urine test.

If you are going to take the state-administered test and provide the state with evidence to prosecute you, you may want to request the Intoxilyer 9000 since a blood test will obviously provide the state with significantly more data about you than a breath test. If you can afford one, you also have the right to an independent test that you pay for.

If you refuse to take a state-administered test, you will face a one-year hard suspension of your driver’s license or Georgia driving privileges (if your license is out of state). A hard suspension means there are no work permits available.

(4) If Arrested for DUI at a Roadblock, Hire a Lawyer:

DUI sobriety checkpoints have very special requirements under the law in order to be valid. In addition to the technical and procedural compliance issues present in all DUI cases, in order for the arrest to be valid following a DUI sobriety checkpoint arrest, there are several requirements that an experienced DUI lawyer will be familiar with.

If the roadblock requirements are not met, you may have a strong case for dismissal of the charges against you.  You should hire an experienced attorney if you are arrested following a roadblock stop.

Conclusion:

It goes without saying that the surefire way to “beat” a DUI sobriety checkpoint is to avoid drinking and driving altogether. With that said, if you do encounter such a DUI checkpoint and are arrested, contact an experienced DUI attorney to represent you. For a free consultation regarding your DUI case, contact the Law Offices of Mark P. Jones today at 706-225-2555 or 706-ARMY-DUI.

View Larger Map

Contact Mark Jones Now!