If you've received a sentence of more than six months from an Atlanta Municipal Court judge, you might want to continue reading.
Attorney Jackie Patterson said his client, Anthony Brooks, was sentenced to 48 months probation last fall by Chief Municipal Court Judge Crystal Gaines on two counts of marijuana possession and two counts of driving with a suspended license. The sentence -- 12 months per count -- exceeds the limit mandated in the city's charter, said Patterson, adding his client is not the only one affected.
"This is happening all the time," said the attorney.
According to Section 4-102, Article 5, punishment for violations may not exceed a fine of $1,000 "or imprisonment for six months." Probation and imprisonment are interchangeable, Patterson said.
But Atlanta Municipal Court Judge Andrew Mickle said the city has concurrent jurisdiction with the State Court, which allows for sentences of up to 12 months on traffic offenses.
"The six months refers to non-traffic offenses like disorderly conduct, drinking in public, begging," Mickle told the AJC.
Fulton County Superior Court Judge Ural D. Glanville will hear Patterson's case Friday morning. Patterson said he will seek to have Brooks' sentences overturned. If successful, it might open the door for anyone else convicted within the last year to sentences exceeding six months.
Patterson, who said he's been monitoring the Municipal Court's sentencing practices for more than two years, told the AJC he's confident he'll prevail.
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