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Criminal Defense Attorney Kim T. Stephens Discusses the Campus Carry Law

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Criminal Defense Attorney Kim T. Stephens Discusses the Limitations to the Campus Carry Law

Effective July 1, 2017, licensed gun owners will be able to carry weapons on Georgia college and university campuses. Georgia joins Colorado, Utah, Wisconsin, Mississippi, Oregon, Texas, Idaho, Kansas (effective July 1, 2017), and Arkansas (effective September 15, 2017), who all already have campus carry laws in place. Criminal defense attorney, Kim T. Stephens cautions students and other individuals that that there are limitations to the campus carry law, and it’s important for students and others to know these limitations to avoid arrest and possible criminal prosecution.

1. Students are not allowed to have guns or ANY other type of weapon in university dormitories at any time. Students found in possession of a firearm or other weapon could be charged with a felony. Therefore, students who live on campus would not have a place to safely store a weapon, even if they are a licensed gun carrier.
2. The campus carry bill does NOT allow guns to be taken inside a fraternity or sorority house. Therefore, any student living at a fraternity or sorority house, could not keep a weapon on the property. Individuals violating this policy could be charged with a felony and/or a misdemeanor.
3. Firearms are also NOT allowed inside buildings, stadiums, or other facilities used for athletic events.
4. Firearms or weapons of any kind cannot be taken into any daycare or childcare facility, including those on university property.
5. Students and other individuals may not take firearms into faculty or administrative areas on campus, and may not take firearms or any other weapons to student judiciary hearings. Any person violating these restrictions may be charged with a felony.

Kim T. Stephens is a nationally ranked criminal defense attorney in Athens, Georgia. If you have been charged with a crime or are facing disciplinary action from a student judiciary board, call Kim Stephens today for professional advice and a powerful defense.

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Kim Stephens Discusses Common Misconceptions about Arrests

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            Athens defense attorney Kim Stephens discusses common myths about arrests and criminal defense. Kim Stephens is a nationally ranked defense attorney, and he has practiced criminal law in Athens for twenty four years.

Misconceptions About Arrests and Criminal Defense

  1. MYTH: If the police don’t read me my Miranda rights, my case will automatically be thrown out or dismissed.

TRUTH:  The police are not required to advise a person of their Miranda rights, i.e. the right to remain silent and the right to have an attorney present, until a person has been detained or arrested.  If the police fail to tell you your Miranda rights following a custodial arrest, any statements you make in response to police questioning or interrogation might be excluded from use at trial, but the case is still not likely to be thrown out or dismissed, although a good defense attorney will certainly try to leverage this omission to help resolve your case.

 

  1. MYTH: If my friend has marijuana/cocaine/prescription pain pills/ecstasy/or any illegal drugs, while he or she is in my car or house, I can’t be arrested or charged by the police with possession since it isn’t mine.

TRUTH:  In Georgia, you can and are likely to be charged with possession of illegal drugs if drugs are found in your car, house, or in close proximity to you, even if the drugs belong to your friend or acquaintance.  I represented a young female UGA student—an honor student with close to a 4.0 GPA—in the recent past who was a guest at a parent/student fraternity social at the Athens Classic Center.  Her date, a good friend of hers, was approached by the police and arrested for cocaine possession after an officer serving as a security guard saw him snorting a white powder.  Our client was also arrested based solely on the fact that she was standing beside her date at the time.  Even worse, the local newspaper put the young lady’s picture on the front page with a headline announcing she had been arrested for possession of cocaine.  After investigating the case, I convinced the prosecutors in the Athens Clarke County District Attorney’s Office to dismiss all charges against the young lady, but the emotional trauma and expense of simply being charged was extraordinarily difficult on her and her family. Be aware that if you are spending time with people who are involved in illegal activity, you may be arrested just for your proximity to those people, even if you aren’t directly involved in the crime.

 

  1. MYTH: I (or my son or daughter) will never be arrested because I am/ they are a good person and would never violate the law.

FACT:  Almost all of my clients are good people.  Some of my clients are falsely accused.  Some have done something that violates a law, but the police and prosecutors have over-charged or inflated the charges to be bigger than they should be.  Some people have simply made bad decisions or found themselves in unfortunate circumstances.  At Stephens & Brown, we begin each case believing our clients are good people and treat them with respect throughout our representation.  We seek to achieve the very best possible result in each case.

 

Remember, if you are charged with a crime or asked to meet with school administrators about alleged crimes, it is essential that you hire an attorney who can provide you with a powerful defense and protect your future. Kim Stephens defends people every day against false or inflated accusations, winning in court, and preventing incidents from impacting his clients’ lives. He is a nationally ranked defense attorney and has successfully litigated hundreds of cases.

 

IF YOU HAVE BEEN CHARGED WITH A CRIME OR ARE FACING A STUDENT JUDICIARY HEARING, CALL KIM STEPHENS TODAY FOR PROFESSIONAL ADVICE AND A POWERFUL DEFENSE. 706.548.3933

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Sex Crimes

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Consent and Sex Crimes

            Stephens & Brown, Athens Georgia’s premier DUI and criminal defense law firm, welcomes University of Georgia, University of North Georgia, Athens Technical College, and Piedmont College students back to Athens. Continuing in our series of blogs intended to help new and returning students in Athens understand and navigate the legal system, today’s blog will focus on consent and laws concerning sexual conduct, and sex crimes. If you have questions about academic concerns/ student conduct hearings, DUI laws or other local and state laws regarding alcohol consumption, you can access Student Legal Services Series 1: DUI here; Series 2: Alcohol Laws and Local Ordinances, here; and Series 3: Academic Concerns, here.

Remember, if you are charged with a crime or asked to meet with school administrators about alleged crimes, it is essential that you hire an attorney who can provide you with a powerful defense and protect your future. Kim Stephens defends students every day against false or inflated accusations, winning in court, and preventing incidents from impacting students’ education and lives beyond college. He is a nationally ranked defense attorney and has successfully litigated hundreds of cases.

Consent:

While in college and beyond, it is important to understand the meaning of consent as it relates to sexual activity in order to avoid hurting someone, committing sexual assault, and facing charges that could permanently impact your reputation, freedom, and well-being. The University of Georgia defines consent (via their EOO website) as “Words or actions that show a knowing and voluntary willingness to engage in mutually agreed-upon sexual activity.  Consent cannot be gained by force, intimidation or coercion, by ignoring or acting in spite of objections of another, or by taking advantage of the incapacitation of another, where the respondent knows or reasonably should have known of such incapacitation…Past consent does not imply present or future consent.  Silence or an absence of resistance does not imply consent. Minors under the age of 16 cannot legally consent under Georgia law.”

In other words, before engaging in sexual activity you need to be certain that:

  1. The other person has clearly indicated that they want to have sex or engage in sexual acts with you. Remember you should NEVER attempt to coerce or convince an individual to do something they are unsure about or don’t want to do.
  2. You have consent for each encounter. Just because a person has consented to sex previously does NOT mean that you have the right to engage in sexual activity without their ongoing and clear consent.
  3. The other person is not intoxicated or under the influence of drugs. An intoxicated person, or a person who is incapacitated because of medication, CANNOT legally consent to sex or sexual activity.
  4. That the person is over the age of sixteen. Remember that nobody under the age of 16 can consent to sexual activity. Even if you are only one or two years older than the individual and have a relationship with them, any sexual activity (including kissing) could still be considered a crime.

 

 

Sex Crimes:

You should be aware of the following laws and regulations regarding sexual activity in Georgia:

  1. If you touch someone in a sexual manner without their consent—for example, slapping buttocks or touching intimate areas of their body—you can be charged with sex crime such as  sexual battery or even aggravated sexual battery. See O.C.G.A. 16-6-22.1 and 16-6-22.2.
  2. If you have sex with an individual under the influence of alcohol or drugs, you can be charged with rape, aggravated sexual battery, sexual battery, and other serious criminal charges, even if you were also intoxicated. See O.C.G.A. 16-6-1, 16-6-22.1 and 16-6-22.2.
  3. If you have any kind of sexual contact with someone under the age of consent (16), you may be charged with child molestation, aggravated child molestation, statuary rape, sexual battery, aggravated sexual battery, and/or enticing a child for indecent purposes. See O.C.G.A. 16-6-3, 16-6-4, 16-6-22.1, 16-6-22.2 and 16-6-5.
  4. Students, particularly male students, are being expelled by UGA and other colleges and universities based upon accusations of sexual misconduct, where both students involved were under the influence of alcohol or drugs at the time, WITHOUT A HEARING to determine the truth of the accusation.

Remember if you are accused of any crime involving sexual misconduct, it is vitally important that you hire an attorney to help you defend the accusations and protect your future.

IF YOU HAVE BEEN CHARGED WITH A CRIME OR ARE FACING A STUDENT JUDICIARY HEARING, CALL KIM STEPHENS TODAY FOR PROFESSIONAL ADVICE AND A POWERFUL DEFENSE. 706.548.3933

 

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Student Legal Services Series 2: Alcohol Laws and Criminal Defense

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Student Legal Services Series 2:

Alcohol Laws and Local Ordinances

 

Stephens & Brown, Athens Georgia’s premier DUI and criminal defense law firm, welcomes University of Georgia, University of North Georgia, Athens Technical College, and Piedmont College students back to Athens.

Continuing in our series of blogs intended to help new and returning students in Athens understand and navigate the legal system, today’s blog will focus on state laws and local ordinances, particularly those pertaining to the consumption of alcohol. If you missed last week’s blog on DUI laws and what to do if you’re stopped, you can access it here.

Remember, if you are charged with a crime or asked to meet with school administrators about alleged crimes, it is essential that you hire an attorney who can provide you with a powerful defense and protect your future. Kim Stephens defends students every day against false or inflated accusations, winning in court, and preventing incidents from impacting students’ education and lives beyond college. He is a nationally ranked defense attorney and has successfully litigated hundreds of cases.

Alcohol Laws and Local Ordinances:

  1. Athens has an open container ordinance, meaning it is illegal to consume alcoholic beverages outside in public spaces, even just outside of some bars and restaurants. The local police enforce the open container law year round, even on football game days on and off campus.
  2. Athens has a noise ordinance and excessive noise at any residence may result in police coming to your residence and attempting to question everyone who is there. If the police show up at your home because of a noise complaint, have someone who has not been drinking and/or is over 21 years of age meet the officers at the door and, above all else, be polite, cooperate and turn the noise down, i.e. lower the decibel level.
  3. Littering violates state law and local ordinances and makes the community an uglier place. Instead of dropping cans, bottles or other trash on the ground or throwing them out the car window, pick up any trash you see and put it in the closest recycle or trash bin. You will feel good about yourself and will avoid unnecessary attention from the police.
  4. If you drink alcohol and are under the age of twenty-one, you may be charged with Underage Possession of Alcohol, i.e. MIP, even if the police don’t perform any test to determine if you have been drinking. Local police departments in Athens changed their policy of arresting first time underage drinkers and branding them as criminals last year; but, police will arrest you and take you to jail if they can charge you with another crime, i.e. obstruction, public intoxication, possession of a fake ID, etc., at the same time. The penalties and sentences in MIP cases and these other types of misdemeanor cases can be unduly harsh and burdensome and can result in you having a criminal record. Please don’t trust your friend’s expert advice just because he or she already had an MIP in Athens or somewhere else. Every case is different. You should always consult with an attorney before you go to court.
  5. If you are stopped and/or cited for MIP, local police will likely ask for or search for fake IDs and, if they find one, they will arrest you and take you to jail. In some cases, Athens and UGA police officers have charged students with felony forgery charges instead of the more appropriate misdemeanor charge of possession of a false or fictitious ID. Possession of a fake ID, even as a misdemeanor charge, can result in serious sanctions including suspension of your driver’s license.
  6. If you urinate in public you are violating both state law and local ordinances. In addition to Public Urination, the police may also charge you with Public Indecency and will definitely check to see if you’ve been drinking. If you have consumed alcohol, they may then also charge you with an MIP and/or Public Drunkenness.
  7. If you are a UGA student, the Honor Code contains specific punishment for violations of the Code that involve alcohol or drugs. Second time violations involving alcohol, even a violation as minor as an RA seeing beer in a dorm room refrigerator, can and often does result in suspension from UGA for a full year.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 IF YOU HAVE BEEN CHARGED WITH A CRIME OR ARE FACING A STUDENT JUDICIARY HEARING, CALL KIM STEPHENS TODAY FOR PROFESSIONAL ADVICE AND A POWERFUL DEFENSE. 706.548.3933               s-cd s10-cd s-dui s10-dui cc-dui cc-cd readers_choice_logo_2012 rc13 Top100seal1[1]                          
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Student Legal Services Series 1: DUI

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Stephens & Brown, Athens Georgia’s premier DUI and criminal defense law firm, welcomes University of Georgia, University of North Georgia, Athens Technical College, and Piedmont College students back to Athens. The fall is an exciting time in Athens, with students returning to the city, and football season just around the corner. Former Bulldog All-American and criminal defense attorney Kim Stephens encourages incoming students to study, work hard, have fun, and be careful to avoid being arrested and forever branded as a criminal.

For the next several weeks our blog will focus on educating students about local laws and ordinances and helping them avoid legal problems and academic disputes.

Remember, if you are charged with a crime or asked to meet with school administrators about alleged crimes, it is essential that you hire an attorney who can provide you with a powerful defense and protect your future.  Kim Stephens defends students every day against false or inflated accusations, winning in court, and preventing incidents from impacting students’ education and lives beyond college.

 

Student Legal Services Series 1:

DUI

  1. If you are under the age of twenty-one and drive any vehicle after consuming alcoholic beverages (0.02 BAC or 1 alcoholic drink for most people), you may be charged with DUI. Even if you are lucky enough to avoid a DUI charge, your driver’s license would likely be suspended if you are charged with MIP while driving.  Don’t put yourself or others at risk.  Walk (preferably with a friend so that you won’t be a good candidate for being robbed or mugged), call a sober friend, have a designated driver, take a cab, or let Uber help you.
  2. If you are over the age of twenty-one and drive a vehicle (including bicycles, scooters, Segways, golf carts, horses, or any moving vehicle) with a blood alcohol level of .08, you will be charged with DUI in Athens. While television, radio and billboard advertisements call a DUI a $10,000.00 mistake, I know of a DUI conviction costing a person more than $200,000.00 because he lost his job, lost his company car, couldn’t find other work for over a year, almost lost his home, and suffered the more typical DUI I’ve also seen commercial drivers lose their licenses for a year or, for a second DUI permanently taking away their ability to work.  These cases demonstrate the severe impact a DUI can have whether you are a college student or a working adult.
  3. If you drive a vehicle improperly (speeding, failure to maintain lane, etc.) after consuming alcohol or using drugs, you may be charged with DUI less safe even if you refuse the breath or blood test. Often police officers will request that you take “a few tests” to determine if you are impaired.  You are not required to take these field sobriety tests.  Understand that police officers use the test to gather evidence against you, not to help you.  So, in almost every circumstance, you should refuse to do field sobriety tests at the scene of your stop.

2016 Update: Recent Georgia and United States Supreme Court cases have called into question the legality of blood tests to determine blood alcohol level in DUI cases without a valid search warrant.

  1. If you are involved in a motor vehicle accident after consuming alcohol or drugs, you may be charged with crimes ranging from misdemeanor reckless driving to felony vehicular homicide. A conviction for vehicular homicide almost always results in many years of prison time though Stephens & Brown has successfully kept clients out of jail in these serious cases including one client recently who caused the death of two elderly people after smoking marijuana.  Don’t take a chance of killing someone, ruining your life, and devastating the lives of family members for you and the person you might injure or kill.

 

IF YOU HAVE BEEN CHARGED WITH A CRIME OR ARE FACING A STUDENT JUDICIARY HEARING, CALL KIM STEPHENS TODAY FOR PROFESSIONAL ADVICE AND A POWERFUL DEFENSE. 706.548.3933

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Sheriff Scott Berry

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I don’t usually get involved with politics, but tomorrow is the election for the Oconee County Sheriff, and I do have something to say on this subject.

A few months ago, a teaching colleague of my wife—and family friend —was involved in a serious automobile accident just a few minutes away from the school in Oconee County where she teaches. Amy and her two daughters were transported by ambulance to Athens Regional Hospital, where my wife and I met them a few minutes after their arrival. We spent a frightening and emotional two hours at Athens Regional before Amy’s youngest daughter, who sustained life-threatening injuries, was life flighted to Atlanta. During that two hours, Sheriff Scott Berry came to the hospital to check on Amy and her daughters, reassuring Amy that the driver of the other vehicle was uninjured and telling her that he was there because he cared for her and her family, and he wanted to help in any way he could.

My wife drove with Amy, and Amy’s family, to Atlanta. While in Atlanta at the children’s hospital, Amy realized that she needed some things from her car. I drove to the junkyard where they had towed the car, but it was deserted, and I couldn’t get in. I called Sheriff Berry, who immediately offered to go to the junkyard and get whatever Amy needed. He did so and brought Amy’s belongings to me, so I could return them to her.

Sheriff Berry’s kindness did not end there. Amy and her husband stayed in Atlanta at the hospital with their daughter, and at some point, Amy realized that her eye glasses were still in the car. My wife called Sheriff Berry and asked if he had seen Amy’s glasses. Sheriff Berry went back to the car and looked again but was unable to find the glasses. The sheriff called my wife to tell her, and knowing that Amy could not leave her daughter, asked for her eye prescription, telling my wife that he would get Amy some new glasses. Just for context, Sheriff Berry had never met Amy before the day of her accident, yet he was willing to go out of his way to help her, even volunteering to get a prescription filled for new glasses, so she wouldn’t have to worry. As my wife said on that day, “What an incredible servant leader.”

Perhaps going to the hospital to check on Amy and her daughters would have been the routine practice of many sheriffs’ offices, but I believe the kindness and compassion Sheriff Berry showed while he was at the hospital was not routine. Certainly, his continued “behind the scenes” kindnesses that no one other than my wife, myself, and Amy’s family witnessed were not common. His repeated trips to the junkyard and his offer to buy Amy new glasses reflect both his deep commitment to the people of the county that he serves and his character.

Sheriff Berry is a good man, a skilled law enforcement officer and administrator, and he is passionately committed to keeping Oconee County a safe place to live and work.

I can think of no man who would better serve Oconee County as Sheriff than Scott Berry

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St. Patrick’s Day Reminders from Criminal Defense Attorney, Kim T. Stephens

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StPatricksDayHappy

Happy St. Patrick’s Day from the attorneys and staff at Stephens and Brown. Criminal defense attorney, Kim T. Stephens, urges students and others celebrating tonight to remember the following laws and ordinances while having fun in Athens tonight.

State laws and local ordinances:

a) Athens has an open container ordinance, meaning it is illegal to consume alcoholic beverages outside in public spaces, even just outside of some bars and restaurants. The local police enforce the open container law year round.

b) Athens has a noise ordinance and excessive noise at any residence may result in police coming to your residence and attempting to question everyone who is there. If the police show up at your home because of a noise complaint, have someone who has not been drinking and/or is over 21 years of age meet the officers at the door and, above all else, be polite, cooperate and turn the noise down, i.e. lower the decibel level.

c) Littering violates state law and local ordinances and makes the community an uglier place. Instead of dropping cans, bottles or other trash on the ground or throwing them out the car window, pick up any trash you see and put it in the closest recycle or trash bin. You will feel good about yourself and will avoid unnecessary attention from the police.

d) If you drink alcohol and are under the age of twenty-one, you may be charged with Underage Possession of Alcohol, i.e. MIP, even if the police don’t perform any test to determine if you have been drinking. Local police departments in Athens recently changed their policy of arresting first time underage drinkers and branding them as criminals; but, the penalties and sentences in MIP cases can still be unduly harsh and burdensome and can result in you having a criminal record. Please don’t trust your friend’s expert advice just because he or she already had an MIP in Athens or somewhere else. You should always consult with an attorney before you go to court.

e) If you are under the age of twenty-one and drive any vehicle after consuming alcoholic beverages, you may be charged with DUI. Even if you are lucky enough to avoid a DUI charge, your driver’s license would likely be suspended if you are charged with MIP while driving. Don’t put yourself or others at risk. Walk (preferably with a friend so that you won’t be a good candidate for being robbed or mugged), call a sober friend, have a designated driver, take a cab, or let Uber help you.

f) If you are over the age of twenty-one and drive a vehicle (including bicycles, scooters, Segways, golf carts, horses, or any moving vehicle) with a blood alcohol level of .08, you will be charged with DUI in Athens. While television, radio and billboard advertisements call a DUI a $10,000.00 mistake, I know of a DUI conviction costing a person more than $200,000.00 because he lost his job, lost his company car, couldn’t find other work for over a year, almost lost his home, and suffered the more typical DUI penalties. I’ve also seen commercial drivers lose their licenses for a year or, for a second DUI permanently taking away their ability to work. These cases demonstrate the severe impact a DUI can have whether you are a college student or a working adult.
g) If you drive a vehicle improperly (speeding, failure to maintain lane, etc.) after consuming alcohol or using drugs, you may be charged with DUI less safe even if you refuse the breath or blood test. Often police officers will request that you take “a few tests” to determine if you are impaired. You are not required to take these field sobriety tests. Understand that police officers use the test to gather evidence against you, not to help you. So, in almost every circumstance, you should refuse to do field sobriety tests at the scene of your stop.

h) If you are involved in a motor vehicle accident after consuming alcohol or drugs, you may be charged with crimes ranging from misdemeanor reckless driving to felony vehicular homicide. A conviction for vehicular homicide almost always results in many years of prison time though Stephens & Brown has successfully kept a person out of jail in the last few months who caused the death of two elderly people after smoking marijuana. Don’t take a chance of killing someone, ruining your life, and devastating the lives of family members for you and the person you might injure or kill.

i) If you buy alcohol and provide it to someone under the age of twenty-one, you can be charged with providing alcohol to a minor. In addition to criminal sanctions, your driver’s license will be suspended if you are convicted of providing alcohol to a minor.

j) If you have sex with an individual under the influence of alcohol or drugs, you can be charged with rape, aggravated sexual battery, sexual battery, and other serious criminal charges, even if you were also intoxicated. Even more worrisome, students, particularly male students, are being expelled by UGA and other colleges and universities based upon accusations of sexual misconduct where both students involved were under the influence of alcohol or drugs at the time, WITHOUT A HEARING to determine the truth of the accusation.

Remember, if you are charged with a crime or asked to meet with school administrators about alleged crimes, it is essential that you hire an attorney who can provide you with a powerful defense and protect your future. Kim Stephens defends students, teachers, athletes, and other citizens every day against false or inflated accusations, winning in court, and preventing incidents from impacting the lives of his clients.

IF YOU HAVE BEEN CHARGED WITH A CRIME OR ARE FACING A STUDENT JUDICIARY HEARING, CALL KIM STEPHENS TODAY FOR PROFESSIONAL ADVICE AND A POWERFUL DEFENSE. 706.548.3933

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Honoring Veterans

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Happy Veteran’s Day to all those who are currently serving or have served our country. Your sacrifice and the sacrifice of your families is a debt too great to ever repay. We thank you, honor you, and keep you in our prayers daily. At Stephens and Brown today, we are paying tribute to a former client and friend– First Sergeant Ray L. Kinney. We hope you will take a minute to read Sgt. Kinney’s story. He is a remarkable man, and we are proud to know him.

FIRST SERGEANT RAY L KINNEY  Ray Kinney

First Sergeant Ray Kinney is the First Sergeant for Bravo Troop 1- 108th CAV R&S Squadron. He enlisted in the Army Reserves in 1994 as a Ground Surveillance Radar Operator (96R) in the 320th MICO where he served for two years. Following the deactivation of the 320th MICO he transferred to the 248th MICO 48th BDE Georgia Army National Guard where he finished out his first enlistment. First Sergeant Kinney re-enlisted at the completion of his first term of service and transitioned into the 648th Engineer Battalion as a Combat Engineer (12B) in Statesboro, GA.

First Sergeant Kinney mobilized and deployed to S.W. Asia (IRAQ) in 2004 as a team leader in Alpha Company 648th EN (Sapper), 48th Brigade Combat Team, in support of Operation Iraqi Freedom III. He conducted combat operations throughout Iraq in and around the Sunni Triangle as a Combat Engineer executing route clearance and counter IED operations. Following redeployment from Iraq, First Sergeant Kinney was assigned as Senior Engineer Sergeant from late 2006-2007 to HHC BDE 48th BDE Combat Team in Macon, GA as a Staff Sergeant until the end of his enlistment. In 2008 First Sergeant Kinney re-enlisted in 3-108th R&S Squadron as an 11B assigned to H Co 1-121st INF LRS as a team leader. While there First Sergeant Kinney coordinated numerous airborne missions, stood up the first ever SCUBA insertion team, resourced and executed the Combat Tactical tracking Operations course, and was instrumental in dedicating 1SG John D Blair Drop Zone at Catoosa Training Center in Ringgold, GA. Upon Completion of his ADOS time in 3-108th First Sergeant Kinney accepted an ADOS position with the South Carolina National Guard as a Warrior Leader Course Instructor at Eastover South Carolina 218th Non Commissioned Officer Academy. First Sergeant Kinney returned to the Georgia Army National Guard after receiving a Federal Technician Job with 3-108th CAV back in the Assistant S-3 capacity. Shortly after returning to 3rd Squadron First Sergeant Kinney was awarded an AGR position with Bravo Troop 3-108th CAV and was promoted within that troop as the Readiness Non Commissioned Officer. During his time in Bravo Troop First Sergeant Kinney deployed to Kosovo for Operation Enduring Freedom KFOR and served as the Multi-National Task Force S3 NCOIC for the Liaison Monitoring Teams. First Sergeant Kinney is a graduate of Warrior Leaders Course (Distinguished Honor Graduate/Outstanding Leadership Award, Commandants List), Advanced Leadership Course, Maneuver Senior Leadership Course (Honor Graduate), First Sergeant Course, Army Mountain Warfare School, Airborne School, Air Assault School, Tactical Tracking Operations School, Army Combatives Level 1, Readiness NCO Course (PEC), Army Basic Instructors Course, Small Group Instructor Course. 1SG Kinney has also attended the U.S. Army Military Intelligence School (96R), U.S. Army Infantry School (11B), U.S. Army Combat Engineer School (12B), U.S. Army Cavalry School (19D).

His awards and decorations include: Armed Forces Reserve Medal with “M” Device and 10 year Bronze Hourglass, Army Commendation Medal with “V” Device, Army Commendation Medal, Army Achievement Medal (4th Award), Army Reserve Components Achievement Medal (4th Award), National Defense Service Medal with Bronze Star, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Kosovo Campaign Medal, Iraq Campaign Medal with Campaign Star, Army Service Ribbon, Overseas Service Ribbon (2nd Award), NATO Medal, Parachutist Badge, Combat Action Badge, Driver and Mechanic Badge with Driver-Wheeled Vehicle Clasp, German Army Marksmanship Badge Gold, NCO Badge with Roman Numeral 3,Parachutist badge, Australian Parachutist Badge, Brazilian Parachutist Badge, Air Assault Badge, Order of St. George Medallion, 3-108th Cavalry Regimental Affiliation.

First Sergeant Kinney currently serves as the 1-108th Squadron Operations NCOIC / B TRP First Sergeant.

He resides in Woodstock, Georgia with his wife Dayna, their three sons, Kainen, Bo, and Luke.

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Tips For UGA Students Going To 2015 Georgia – Florida Game

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If you are a UGA student going to the Georgia Florida game this weekend, please keep these important tips in mind to avoid trouble or possible arrest:

  • On your way to and from the game, the Georgia State Patrol, county sheriff departments and local police agencies will be out in full force watching for speeders, drunk drivers, expired tags, improper passing, reckless driving, even tag and tail light violations. Road blocks are likely to be set up as well.  BE CAREFUL!
  • Do not drink and drive. Even if your entire group of friends is over 21, always have a designated driver.
  • If you do get stopped for any reason, politely provide your driver’s license to law enforcement officers. If asked to take field sobriety tests, though, just say “No.”  In other words, do not agree to take the walk and turn test, HGN (following the officer’s finger or flashlight), one leg stand, or any other test at the scene of the stop unless you are completely sober with no alcohol or drugs in your system.
  • If you are under 21, you cannot drink or possess alcohol. Glynn County and other law enforcement officers will be closely watching the beach this year looking for any reason to cite or arrest underage drinkers.
  • Do not urinate in public, even if you believe you are out of sight. Local police may arrest you not just for public urination but also for public indecency if you are spotted.
  • Stay with a friend always. Too many students have died over the years because they became intoxicated and had an accident, including overdosing, falling off parking decks and balconies, etc.  A friend can save your life.
  • Remember the “Amnesty Law.” Whether you are the person suffering from alcohol or drug poisoning or it is your friend or someone else, Georgia and Florida laws grant you amnesty if you seek medical help or call 9-1-1.  You should not be arrested if you “do the right thing.”
  • You cannot possess any drugs if you don’t have a prescription for them. Even one pill in your pocket without a prescription will result in a felony charge against you if found.
  • Possession of marijuana is not legal in Georgia or Florida.
  • Do not draw attention to yourself by being too loud, rude, arguing or fighting.
  • Glass containers are prohibited on the beach. Plastic containers and cups are also prohibited if they are “likely to splinter into sharp pieces.”  Local law enforcement may use this ordinance as a reason to question college students
  • You cannot drive a motor vehicle of any kind on the beach.
  • You cannot store or leave anything on the beach overnight. This prohibition includes boats, motorized vehicles, tents, coolers, etc.
  • Do not build a fire. If you do, you will get burned by local law enforcement.
  • You cannot sell anything, legal or otherwise, without a permit. Obviously, you won’t be able to get a permit to sell illegal products.
  • Don’t have sex with someone if they are intoxicated. The law says they cannot consent, and you may be arrested for rape and risk decades in prison.
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Kim T. Stephens on ESPN Discussing Criminal Defense, Due Process, and Jonathon Taylor

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Criminal defense attorney Kim T. Stephens was featured on an ESPN Outside the Lines special this weekend. During the interview, Stephens discusses the need for due process when student athletes, or regular students, are charged with a crime. In the video excerpt below Stephens is featured at the 3:25 and 4:25 marks in the video. Stephens and Brown will post the full interview once ESPN makes it available.

 

http://espn.go.com/espn/otl/story/_/id/13684416/georgia-bulldogs-sent-alabama-crimson-tide-officials-documents-related-assault-case-involving-jonathan-taylor

 

 

“Taylor’s attorney, Kim Stephens, said there is the potential for people to be treated unfairly under the new SEC rule if a case has not been adjudicated yet: “If a person commits domestic violence, if a person commits sexual misconduct, certainly they don’t need to be playing at any SEC school or any other school for that matter, they need to be punished in the courts and, if appropriate, incarcerated. But there needs to be due process, there needs to be fundamental fairness.”

 

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