Family Law

• Child Custody and Visitation
  State’s Case: The Defendant’s ex-wife reported to authorities that Defendant had molested their five year old daughter. The Defendant was arrested for child molestation. During the District Attorney’s investigation, his visitation rights were terminated.

Criminal Law

• Criminal Defense
  Decatur - DeKalb and Atlanta Bar Associations; State Bar of Georgia; Georgia Association of Criminal Defense Lawyers, National Association of Criminal Defense Lawyers, Association of Trial Lawyers of America, Professional Association of Georgia Educators (P.A.G.E.) Legal Assistance, 1000 Lawyers for Justice
• DUI/DWI
  State vs. John Doe (2011) The defendant, an Emory student, was charged with DUI and leaving the roadway. At about 3:00 am, the defendant and two friends left a bar for home. At a steep curve over a hill, the car fishtailed and spun into a wall. All three were shaken up – the two passengers, one of whom was bleeding, got a ride to the hospital. The defendant stayed on the scene. A policeman arrived and smelled alcohol on the defendant. The defendant admitted he had been driving the vehicle but claimed that he had swerved off the road to avoid an oncoming vehicle. Despite the obvious injuries, the officer performed field sobriety tests. The defendant failed all three according to the officer. The defendant refused a breath test. None of the tests were videotaped. The officer was thoroughly cross-examined. There were several inconsistencies. The defense called an expert on field sobriety tests. After a two-day trial, the defendant was found
• Traffic Violations
  In an encounter with a state trooper, the defendant was accused of aggressive driving, reckless driving, and speeding on the interstate. The defendant was a successful business woman. After obtaining video tape from the troopers’ vehicle, all but one charge was dropped, and she was allowed to plead to disorderly conduct. She was able to retain her license.
• Sex Crimes
  Defendant was accused by the ex-wife of molesting his three-year-old daughter. A child statement was taken at the Georgia Center for Children leading to a subsequent indictment alleging four counts of child molestation. The defendant was 40 years old, had no prior record, and was indeed a part-time teacher. Mr. Roberts was able to obtain medical records, the child’s counseling records, and the mother’s counseling records, all of which were exculpatory. After a five-day trial in Fulton County, the defendant was acquitted of all charges.
• Robbery
  State’s Case: Two victims were robbed at gunpoint in their home in the middle of the night. Both victims identified the Defendant as one of the perpetrators. The Defendant pawned several items taken in the robbery four days later, which was captured on camera.
• Burglary
  An Atlanta businessman who renovates and rents houses was investigating a house that had obvious fire damage. He had been playing golf and stopped by this house to see if he might try to purchase and renovate the house. It appeared to be abandoned. The defendant entered through a broken window, but before he got fully inside, was confronted by the apparent owner who was wielding a gun. The home owner called the police and the defendant was charged with burglary. After proving to the State that this house did, indeed, appear abandoned, and also proving that the occupation of the defendant was purchasing and renovating houses, all charges were dismissed.
• Theft
• Misdemeanors
  Alleged Vehicular Homicide – Defendant and his wife were driving in a rain storm when their car hydroplaned and struck another vehicle causing it to plunge over an embankment. A passenger in the other vehicle died. The defendant was charged with several driving offenses and misdemeanor vehicular homicide. Employing an accident reconstruction expert, Mr. Roberts was able to successfully claim an accident defense. All charges against the defendant were dismissed. (The civil attorney representing the defendant was able to use Mr. Roberts’ investigation to successfully settle a related civil suit.)
• Drug Crimes
• Assault
  The defendant got into an altercation with her husband during which she picked up a kitchen knife, stabbing him and causing superficial wounds. She was arrested for aggravated assault and aggravated battery. A check into the marital history indicated a pattern of abuse by the husband. After presenting extensive evidence of self defense to the prosecutor, along with what would have been Chandler evidence (prior abuse by the husband), the State dismissed all charges.
• Murder
  State’s Case: The Defendant shot her husband in the head when she mistook him for an intruder. She thought he was asleep in another part of the house. After the State discovered several insurance policies with the Defendant as the beneficiary, the State charged her with felony murder.
• Homicide
• Manslaughter
  Results: After a defense investigation, including polygraphs and a forensic investigation, the State reduced the charges to misdemeanor involuntary manslaughter. The Defendant was given a 12 month suspended sentence.
• Hit and Run
  The defendant was driving his vehicle in Virginia Highlands and struck a mailbox. He drove to a friend’s house and fell asleep in his car. He was approached by Atlanta Police while still in his vehicle several hours later. He was charged with DUI, reckless driving, and hit and run. (No one was injured in the incident.) Mr. Roberts was able to negotiate a plea for the defendant (a U.S Service Man on leave) resulting in no jail time and the DUI was dismissed. The defendant was able to keep his driver’s license.