Troy Hendrick Awards

Troy in the News – Legal Action Results in Removal of D.A. from Entire Court

Troyinthenews
DeKalb DA Pulling Out of Recorders Court

Kathleen Baydala Joyner, Daily Report
November 13, 2014    | 0 Comments
The DeKalb County District Attorney's office will cease prosecuting cases in Recorders Court on Dec. 1.

The announcement came during a hearing Thursday and in a response brief filed Wednesday by the district attorney in a lawsuit challenging his legal authority to argue cases—mostly routine traffic violations—in Recorders Court.

Chief Assistant District Attorney Anna Green Cross told Superior Court Judge Courtney Johnson that her office's decision to withdraw was made "without consideration" of the legal challenge. But Cross did not give a reason why prosecutors with the DA's office will leave Recorders Court.

In June, a lawyer for a man accused of speeding began arguing that neither the state Constitution nor statutes granted the DA authority to prosecute misdemeanor offenses in Recorders Court. His challenge is the first since the DeKalb County Board of Commissioners issued a resolution in September 2012 handing the responsibility to the district attorney's office.

"I noticed what I believed to be unfair sentences handed down there. I thought it might be a byproduct of prosecutors who are normally trained to handle felonies and ask for serious time for serious crimes," said solo criminal defense lawyer Troy Hendrick. "The Stone Mountain [Circuit] DA's office does a fine job prosecuting seriously evil crimes in superior court. But there is probably a disconnect when the heavy-handedness of sentences for those types of crimes are applied to simple traffic offenses."

Hendrick's client, Kevin Lynch, has pleaded not guilty to a charge that he drove 85 mph in a 55-mph zone. Lynch's underlying criminal case was transferred to Decatur Municipal Court after all Recorders Court judges recused this summer following Hendrick's motion to bar prosecution. Meanwhile, the motions by Lynch's lawyer seeking declaratory judgment and mandamus were transferred to DeKalb Superior Court, where Thursday's hearing took place. Read More . . . . 


At the law offices of Troy P. Hendrick, we provide comprehensive criminal defense services including traffic offenses, DUIs, drug cases, and more.

Far too often, law enforcement officials exceed their authority by intruding into our personal lives and privacy, and we are dedicated to protecting you against these illegal intrusions. They are YOUR rights, and NOTHING should stop you from asserting them. We understand the pressure of being forced to face the government, and we are here to defend you.

Georgia DUI – Driving under the Influence
Good people sometimes make bad choices. Trust the knowledge of a former DUI prosecuter to prepare your Georgia DUI defense.     We understand the anguish and uncertainty a Georgia DUI charge can bring. Our legal team has helped hundreds of clients get their life back on track. We are ready to help you! Call 404-373-8000 or use our contact form here.  More information . . . 

Georgia Traffic Tickets
The Law Offices of Troy P. Hendrick are a Georgia traffic and speeding ticket law firm with proven success in courts across the state of Georgia. We have developed a highly specialized division of our firm that deals only with traffic and speeding issues. That means that our firms' attorneys are actually practicing in the courts where your ticket will be prosecuted — day to day, month to month, and year to year.  More information . . .

Georgia criminal defense for illegal drugs
Most legal issues in these types of cases result from Search and Seizure law. Troy Hendrick has spent most of his career studying, implementing, and examining the intricacies of this field of the law. Make sure your rights are protected. Make sure your rights, granted to you by the Constitution, were not ignored when authorities charge you with drug cases. More information . . .