309 Pirkle Ferry Road, Suite B-400, Cumming, Georgia 30040
Other Criminal Defense Cases
Case #1: Dismissal of Rape Charge
Client (C.B.) was charged with rape in Hall County Superior Court. Attorney Parker McFarland hired a private investigator who conducted a comprehensive investigation including an interview with the alleged victim.
As a result of the investigation and the testimony elicited at the preliminary hearing, the District Attorney dismissed the charge without it ever being presented to the grand jury for an indictment.
After the charge was dismissed, Attorney Parker McFarland successfully applied for and obtained an expungement of Client’s arrest from his permanent criminal record.
Case #2: Acquittal of Family Violence Battery Charge
Client (M.C.) was arrested by Forsyth County officers for a second-offense family violence battery charge (throwing the victim into an awning causing a laceration on her forehead and bruising around her eye) against the same victim.
At the jury trial in Forsyth County State Court, the alleged victim was cross-examined extensively by Attorney Parker McFarland and proven to be a liar. The jury returned a “not guilty” verdict.
Case #3: Felony Theft by Taking Acquittal
Client (D.C.C.) was charged with felony theft by taking in Lumpkin County Superior Court and represented by Attorney Parker McFarland. A 2000 GMC Sierra was found stripped and abandoned close to Client’s residence. Although Client’s fingerprint was found in the truck and part of the truck bed was discovered by Lumpkin County Officers at Client’s home, he was found “not guilty” at the jury trial.
Case #4: Aggravated Assault and Criminal Damage to Property Charges Dismissed
Desalvo v. State, 299 Ga. App. 688 (2009)
Client (L.D.) was charged in Forsyth County Superior Court with aggravated assault by pointing a pistol at the victim as well as criminal damage to property in the second degree. However, the State failed to present the case to the grand jury and secure an indictment within the four-year statute of limitations. The State alleged an exception to toll the statute of limitations in the indictment, that the identity of Client was unknown to the State for 18 months.
Attorney Parker McFarland filed a Plea in Bar in which he alleged that the identity of Client was in fact known to the State for the entire four years; therefore, the statute of limitations had expired and the case should be dismissed.
At the Plea in Bar hearing, the District Attorney told the judge about DNA evidence which resulted in a match of Client 18 months after the incident. However, the District Attorney failed to call any witnesses to prove the exception to the statute of limitations.
Attorney Parker McFarland argued that the State failed to carry its burden since the arguments of the District Attorney proved nothing, but the trial judge denied the motion. Attorney Parker McFarland filed an appeal to the Georgia Court of Appeals.
The Court of Appeals agreed with Parker McFarland that the State had failed to prove the exception to the statute of limitations, denied the State’s request for a second hearing, and reversed the trial court’s ruling. The result was a dismissal of all charges.
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