David E. Clark

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David E. Clark

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David E. Clark is one of the top criminal defense lawyers in Georgia. He listens to each client and treats them with respect. He always visits appeal clients in prison and answers letters the same day he receives them. You only get one appeal, and it needs to be done right the first time.

David E. Clark is one of the top criminal defense lawyers in Georgia. He listens to each client and treats them with respect. He always visits appeal clients in prison and answers letters the same day he receives them. You only get one appeal, and it needs to be done right the first time.

Clark has obtained good results for most of the thousands of people who have hired him over his 30-year career. No bar complaints have been sustained against him, and he always provides effective assistance. He is rated “av” (highest rating – preeminent) in both “legal ability” and “ethical standards” by the Martindale-Hubbell peer-review authority.

Having a creative and analytical mind, he has a way of talking to judges that works. Every lawyer who goes up against Clark would tell you he is always prepared. As Clark puts it, “To win a case you have to know the facts better than the police; know the law better than the prosecutor; and know the courtroom rules better than the judge.”

Several years ago, Clark decided to specialize in criminal appeals. He was hired as Director of the Appellate Division of the Georgia Public Defender Council in 2016, where he was in charge of more than a thousand criminal appeals statewide. He has taught most of the other criminal defense lawyers in Georgia how to handle criminal appeals.

Clark left his executive position with the Public Defender Council in 2018 to return to private practice. He uses a system that is designed to catch every possible error and issue that might result in a reversal or sentence reduction. He uses top-flight investigators and computerized legal research tools. Clark writes a brief early in the process to try and get results for his clients as soon as possible. When Clark is your lawyer, you can be sure that “no stone was left unturned.”

Career Highlights

Founding Partner, Clark & Towne, PC (Lawrenceville) — 1990 to present

Director, Appellate Division, Georgia Public Defender Council (Atlanta) – 2016-2018

Judge, Gwinnett County Magistrate Court (Lawrenceville) – 2007-2008

President, Criminal Defense Section, Gwinnett County Bar Assoc.

Author, “The Search and Seizure Field Manual” (2014)

Author, “101 Ways to Beat a Marijuana Charge in Georgia” (2010)

Community Columnist, Atlanta Journal-Constitution, (1997-1999)

University of Georgia School of Law (Athens) – Juris Doctor, 1989

Significant Appeals and Cases

Licata v. State, Supreme Court of Georgia, (#S18G0563, June 4, 2018)

Mr. Clark was asked to write a brief on behalf of the Georgia Assoc. of Criminal Trial Lawyers (GACDL) to the Georgia Supreme Court.

State v. Willliamson, Supreme Court of Georgia, (#S17A1080, June 5, 2017)

Client given life sentence for murder in Fulton County. Motion for new trial granted based on ineffective assistance of counsel, State appeal dismissed.

Jones v. State, Supreme Court of Georgia, (#S16G0890, October 3, 2016)

Mr. Clark was asked to write a brief on behalf of the Georgia Assoc. of C Criminal Trial Lawyers (GACDL) to the Georgia Supreme Court.

State v. Gates, Troup County #09-R-558 (December 7, 2016)

Life sentence for murder vacated and sentence reduced to 20 years for voluntary manslaughter.

Floyd v. State, Georgia Court of Appeals, (#A16A2091, July 19, 2016)

Three out of four felony drug counts reversed, resulting on 20 year sentence reduction.

State v. McGriff, Richmond County #2014RCCR-00450 (February 1, 2017)

Recidivist sentence of 45 years without parole reduced to 20 years with parole; client released on 3 years time served plus additional 6 months.

State v. Pugh, Chattooga County #14-CR-19708 (June 19, 2017)

Conviction for distribution of meth resulted in 30-year sentence; motion for new trial granted, sentence reduced to three years. Client released on time served.

Williams v. State, Coffee County #2005F-08-171 (December 7, 2016)

Armed Robbery conviction reversed and new trial granted based on failure to prove venue.

Suddeth v State, 288 Ga.App. 541 (2007).

Methamphetamine possession conviction reversed. The ruling imposed stricter limits on the “plain feel” doctrine during warrantless police searches.

Lindsey v. State, 282 Ga.App. 644 (2006).

Methamphetamine possession conviction reversed. This ruling established for the first time that the apprehension of a citizen under a probate court mental health commitment order is not an arrest.

Wilson v State, 272 Ga.App. 291 (2005).

Marijuana possession conviction reversed. This ruling reaffirmed that the practice of routinely patting down drivers during traffic stops is unreasonable under the Fourth Amendment.

Love v State, 271 Ga. 398 (1999).

DUI-drugs conviction reversed. This ruling struck down a DUI statute, OCGA 40-6-391(a)(6), as unconstitutional on equal protection grounds as to marijuana.

Izer v State, 236 Ga. App. 282 (1999).

Speeding conviction reversed. By insisting that the modified Daubert standard in Georgia be applied to all scientific evidence, this ruling forced the state patrol to throw out hundreds of speeding tickets based on laser guns.

Holt v. State, 227 Ga. App. 46 (1997).

Misdemeanor obstruction conviction reversed due to unlawful traffic stop. This ruling established important precedent allowing lawyers to attack racial profiling in Georgia.

Vogel v. Friends of Children, (1991).

Adoption litigation; an infant wrongfully withheld by an adoption agency was returned to his teenaged parents in open court. National news coverage.

Jessica Towne

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Jessica Towne

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Jessica Towne has lived in Gwinnett County since 1982, except for the three years spent in Athens at the University of Georgia School of Law. Prior to this, she graduated from Rutgers University. She is a happily transplanted Yankee and enjoys both weeks of winter in Georgia.

Jessica Towne has lived in Gwinnett County since 1982, except for the three years spent in Athens at the University of Georgia School of Law. Prior to this, she graduated from Rutgers University. She is a happily transplanted Yankee and enjoys both weeks of winter in Georgia.

Most of her clients have never hired an attorney before and are afraid of the consequences of their charges. She meets with them to learn their concerns, and whether time is a factor.

Towne attends court appearances alone until her client absolutely must be there. According to Towne, “This is my work; most of my clients are not trial attorneys, and they have other jobs that require their attendance. The best way I can help my client is to make sure my client knows exactly what to expect, not just what may happen. This decreases my client’s anxiety level. What happens in court affects not just the client but his family, his job and his community. My ‘job’ is to minimize those effects.”

Having been in practice almost three decades, Towne has been a member of local and national professional organizations. She has held founding or leadership positions in the National College for DUI Defense, DUI Defense Lawyers Association, Georgia Association of Criminal Defense Lawyers, Georgia Innocence Project, and the Gwinnett County Bar Association and its Criminal Defense Section. She is a frequent lecturer on topics relating to defending DUI charges and criminal appeals.

“When I’m not practicing law, I am giving my lawn a manicure, or I’m growing vegetables and flowers and begging the deer to graze in someone else’s yard. I’m on the board of my homeowner’s association, and active in a local Lutheran church. I attend as much live theatre and music events as possible. Even though I spend a great deal of time at my desk reading, I have paid enough overdue library fines to have funded some of the county’s branches. A product of all-public schools, both of my kids graduated from Gwinnett County high schools and Georgia colleges. I’ve been married (to the same man) for 30+ years.”

– Jessica Towne, Attorney at Law

Her favorite appeals have been reversing these convictions:

Speeding based upon laser, which was a “new technology” at the time. Unfortunately, that case was decided while the Georgia legislature was in session, and a law was quickly passed instructing courts that lasers work.

DUI – marijuana.  In 1999, long before many states “legalized” marijuana possession, Towne argued that some people drive under the influence of legally obtained marijuana, and it is unfair to treat them differently than those who obtain marijuana illegally, especially when it had no bearing on the client’s ability to drive safely.

Possession of drugs by someone who is desperate for treatment.  Ms. Towne represented a man whose drug use was so out of control, his employer obtained an involuntary commitment order from a probate judge. At the time police apprehended this client, he had drugs in his pocket. She got the criminal charge dismissed, as the police could not punish him for possessing drugs found when the only authority to search him was for drug rehab.

Running away from drugs. The police knocked on the house where they suspected drugs were being sold, and many people ran out the back doors and jumped over the fences. Towne’s client was chased and arrested. The appellate courts reversed that conviction because you don’t have to answer the front door, and the police are not allowed to enter your fenced yard without your permission, even when they think you’re running away from a crime.

Drug deal gone very bad. A murder conviction was reversed because Towne’s client was not on the side that fired the killing shot. An expected consequence of buying and selling drugs is that someone has a gun and knows how to use it. Her client was buying drugs, and one of the sellers pulled out an assault weapon and sprayed the apartment, killing his friend. Towne’s client had nothing to do with the selling side, so he couldn’t be convicted of crime the seller or the seller’s buddies committed.