Criminal Defense vs. Prosecuting Attorney

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David Abbott has achieved superior results in superior court.

My approach is rigorous and data driven.  I ask hard questions early in a case.  Is a jury trial winnable?  Is it worth the risk?  Is it the best use of my client’s resources?  How have your judge and your prosecutor dealt with similar cases in the past?  How can we improve this?  Is rehabilitation an alternative to punishment?

If you want pragmatic, clear eyed advice, please call me at 404-514-5900 for a free consultation.

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About The Abbott Law Firm

Led by David Abbott, the Abbott Law Firm handles criminal defense, DUI, and appeals cases in McDonough, Henry County, and surrounding Metro Atlanta.

The criminal justice system can be needlessly cruel. I work to tame it. In every case, my basic goal is the same: protecting my client’s human potential. My tactics are flexible. If an officer broke the law or was sloppy, I’m not afraid to embarrass him. If negotiation locks in a good deal, all the better. When a victim lies, I impeach her. When prosecutors are unreasonable, I go over their head and argue our case to a judge or jury.

My approach is rigorous and data driven. I ask hard questions early in a case. Is a jury trial winnable? Is it worth the risk? Is it the best use of my client’s resources? How have your judge and your prosecutor dealt with similar cases in the past? How can we improve this? Is rehabilitation an alternative to punishment?

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David Abbott – A History of Excellence

Proudly, Henry County’s own Criminal Defense Attorney.

With well over 700 criminal cases ranging from public intoxication to armed robbery to murder, David Abbot has proven himself to be one of McDonough, GA’s most experienced criminal defense attorneys.

Treating every client with the respectful dedication that they each deserve, David Abbott has proven himself time and time again to be a strong force in the courtroom, and an ally to the people.

Through his private practice, The Abbott Law Firm, David is able to more effectively represent the Henry County community, equally standing up for the rights of the people in the court of law.

Criminal Defense Practice

• Handled over 700 criminal cases from public intoxication to armed robbery to murder

• Conducted 16 jury trials

• Handled 15 criminal appeals

Felony Charges in Henry County

People charged with major felonies (murder, armed robbery, drug trafficking, child molestation) risk long prison sentences.  Many of these crimes carry mandatory minimums if convicted.  Murder carries a mandatory life sentence.  Armed robbery carries a mandatory sentence of 10 years without parole.  The goal in defending these cases is clear: avoid a conviction in order to avoid a crushing prison sentence.  Jury trials are common in major felony cases because the prosecution will seldom make a plea offer worth taking.

Less serious charges present more complex choices.  In Henry County, a first offender charged with a minor felony (simple possession of drugs, theft of less than $10,000) rarely gets prison time.  Such an offender may serve days or weeks in jail or be ordered to complete drug treatment.   However, a felony conviction can be devastating to your career even if you don’t spend a day in jail.  Minor felony cases call for more subtle lawyering than major felonies, as prosecutors have significant room for negotiation.  Therefore, hiring a respected lawyer can often times improve your plea offer merely by creating the credible threat of a difficult jury trial.  

In some cases, especially drug cases, evidence can be suppressed if it was seized improperly.  I have the trial skills to get acquittals in winnable cases, the judgment to know which cases I can’t win, and the integrity to tell my clients the truth and pursue realistic goals.

Sentencing Is Often More Important Than Guilt or Innocence

Georgia gives judges huge discretion over what sentence to impose. For instance, burglary can be punished by 2 years probation or 20 years in prison. A good attorney will point out your accomplishments and potential, so that the judge sees more than just your mistakes.

The penalties for many offenses can vary widely.  Hiring effective representation often makes a huge difference in the fines or prison time you may face if found guilty.  Every case is different, and nowhere is that more clear than in sentencing.

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Tom Kemp is the owner of Kemp Law Firm, L.L.C., and is personally involved in your individual legal representation.

Tom founded the Kemp Law Firm to give individuals and their families the care and attention that their legal matters deserve.  Click below to send Tom an email message -or- phone the Kemp Law Firm at our main office telephone number of (404) 561-0202 to schedule an appointment to meet with Tom.

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Code Compliance Hearing 

October 17, 2017

              

Petition for Probation Revocation 

November 2, 2017

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Tom Kemp is an experienced and knowledgeable attorney who specializes in representing the victims of automobile collisions, wrongful death, and business premises actions and defending individuals charged with D.U.I., family violence battery, and other serious crimes.  Tom was admitted to the practice law in the State of Georgia in 2000 and has devoted his career to working for individuals and their families, not companies and corporations.  Tom is a former major felony prosecutor in DeKalb County, Georgia, and understands that individuals need a strong and experienced advocate to help them achieve the best results in their individual legal matters.

Tom is a legal scholar who serves as a Guest Instructor, Guest Coach, and Guest Lecturer in trial techniques, trial advocacy, and trial practice at Emory University School of Law.  Tom served as a Visiting Professor in Psychology at the Georgia Institute of Technology (Georgia Tech).  Tom is a published author, and helped edit an anthology on information technology for the National Defense University.  Tom served on numerous boards for community and educational organizations, was a contributing author to the DeKalb County District Attorney Trial Manual, and was a speaker before the Independent Review Panel on Atlanta City Courts.

Tom graduated from Georgia Tech in Atlanta, Georgia with his Bachelor’s and Master’s degrees and from the Walter F. George School of Law at Mercer University in Macon, Georgia with his law degree.  Tom remains an active member of the United Methodist Church.  Tom founded the Kemp Law Firm to make sure that individuals have a strong and experienced voice in the civil and criminal justice systems.

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Probation Was Ended 14-Months Early & Client's Case was Closed!

Practice Area:

Criminal defense

Date:

Mar 04, 2015

Outcome:

Probation Was Ended 14-Months Early & Client's Case was Closed!

Description:

A client was charged with two misdemeanor traffic offenses and represented himself at his plea. He was sentenced to serve 24 months on probation with special conditions, like drug & alcohol screens. The client came to me to petition the court to end his probation early. The judge agreed and ordered that my client's probation would end 14-months early and that his entire case would be closed!











Felony Reduced to Misdemeanor "Conditional Discharhge" Probation!

Practice Area:

Criminal defense

Date:

Nov 24, 2014

Outcome:

Felony Reduced to Misdemeanor "Conditional Discharhge" Probation!

Description:

A client's felony drug charge was reduced to misdemeanor loitering and the Judge accepted my client's misdemeanor, probated plea under Georgia's "Conditional Discharge" statute! This means that my client's case will be discharged & dismissed at the successful completion of his misdemeanor probation.











First Offender Probation: Discharged & Dismissed!

Practice Area:

Criminal defense

Date:

Sep 09, 2014

Outcome:

First Offender Probation: Discharged & Dismissed!

Description:

A client was sentenced to First Offender probation for a felony drug offense when he was represented by a different attorney. The client came to me after he completed the terms and conditions of his probation, but before his probation had ended. We argued to the trial court that my client's probation should be ended early and he should be discharged from his First Offender sentence without an adjudication of guilt. The judge agreed and now my client is finished, early, with his probation and he does not have a felony drug conviction on his record!











Major Felony Case: Dismissed!

Practice Area:

Criminal defense

Date:

Aug 01, 2014

Outcome:

Dismissed!

Description:

A client was charged with a major felony crime where he faced up to 40 years in prison. My client was recommended to me, and he came to me right before his arraignment and from another attorney who did not practice complex criminal defense. We worked the case hard, and never gave up, and the prosecutor agreed to dismiss my client's case the Friday afternoon before my client was scheduled to go to trial on Monday.











Complex Theft Case: Dismissed!

Practice Area:

Criminal defense

Date:

Aug 30, 2012

Outcome:

Dismissed!

Description:

A client was charged with Endangering a Security Interest in a metro Atlanta county. My law partners and I were able to successfully negotiate a resolution with the alleged victim prior to our client's arraignment, and present that resolution to the prosecutor. I was then able to negotiate a dismissal of my client's case before her trial calendar call.











Time Served, Reduced to County Ordinance (No Report to Criminal History)

Practice Area:

Criminal defense

Date:

Jul 25, 2012

Outcome:

Time Served, Reduced to County Ordinance (No Report to Criminal History)

Description:

A client was charged with Loitering for Drugs in a metro Atlanta county. The young man just graduated college and was entering the U.S. Marine Corps. However, the Marines wouldn't take him with his outstanding charge. I was able to reduce my client's charge to the county ordinance of loitering and time served; that is, no probation, no community service, no drug evaluation, no drug tests, and no fines. Moreover, my client's offense wasn't reported on his criminal history.











Time Served, Nolo Plea at Arraignment

Practice Area:

Criminal defense

Date:

Jul 09, 2012

Outcome:

Time Served, Nolo Plea at Arraignment

Description:

My client was charged with Theft by Shoplifting in a metro Atlanta county, while on First Offender probation in another county. My law partners and I were able to successfully represent our client so that she received time served for her First Offender offense. (The Judge also went ahead and closed our client's probation case). I was then able to resolve my client's Shoplifting charge with a nolo contendere plea and time served (suspended probation) at her arraignment.











Case Dismissed, First Offender Saved, and Straight Probation!

Practice Area:

Criminal defense

Date:

Jun 20, 2012

Outcome:

Case Dismissed, First Offender Saved, and Straight Probation!

Description:

A client was charged with Burglary in a metro Atlanta county while on First Offender probation for a previous Burglary in that same county. The client was also arrested in another metro Atlanta county for a theft charge while on probation. My law partners were able to help dismiss the client's case in the other county, and I was able to successfully save the client's First Offender sentence (which means the charge will come off his record when he is finished with probation), while resolving the his other case before the same judge with only 2 years probation.











Reckess Driving Citation Dismissed at Arraignment

Practice Area:

Criminal defense

Date:

Jan 18, 2012

Outcome:

Reckess Driving Citation Dismissed at Arraignment

Description:

My client was charged with Reckless Driving, a serious traffic offense, and Failure to Maintain Lane. He was told that he would have to pay more than a thousand dollars in fines and court costs, and couldn't get the prosecutor to discuss the case him before he retained me. I spoke with the prosecutor at my client's arraignment and convinced him to dismiss the Reckless Driving charge and allow my client to enter a "no contest" plea to Failure to Maintain Lane (which meant no points on my client's driver's license). My client's total fine was only $148.00, instead of the thousands he faced before retaining me!











Serious Driving Charge, and Fine, Reduced

Practice Area:

Criminal defense

Date:

Sep 22, 2011

Outcome:

Serious Driving Charge, and Fine, Reduced

Description:

My client was charged with Driving on a Suspended License. She was facing a fine, plus court costs, in excess of $1,000.00 and, more importantly, her license would be re-suspended if she entered a guilty or nolo plea or was found guilty after a trial. I was able to negotiate with the prosecutor to reduce the charge to Driving Without a License, which saved my client's license from bring re-suspended. I was also able to convince the Judge to greatly reduce my client's fine, saving her a good amount of money. Win-Win, all around!







Case Dismissed at Trial Calendar

Practice Area:

Criminal defense

Date:

Jul 21, 2011

Outcome:

Case Dismissed at Trial Calendar

Description:

My client was charged with Striking a Pedestrian in a Crosswalk, a serious traffic offense which carried a maximum penalty of 12 months in Jail and a $1,000.00 fine. My client hired me prior to her arraignment, at which time we demanded a bench trial. The prosecutor was unable to bring her witnesses into court on the trial date, so the Judge granted my motion to dismiss.











Probation Sentence on Client's 5th Felony

Practice Area:

Criminal defense

Date:

Jun 09, 2011

Outcome:

Probation Sentence on Client's 5th Felony

Description:

My client was charged with his fifth felony (in 10 years) before one of the toughest judges in the state. My client was a changed person from when he was younger and I was able to argue that, and other good facts about my client, to the judge. The prosecutor was very gracious, but still wanted my client to do more Jail time on his charges ... and the judge wanted my client to go back into Jail and complete an in-Jail drug treatment program. In the end, the judge agreed with our position and sentenced my client to probation with certain conditions











Case Dismissed Prior to Probable Cause Hearing

Practice Area:

Criminal defense

Date:

Jun 08, 2011

Outcome:

Case Dismissed Prior to Probable Cause Hearing

Description:

My client was charged with Burglary and Criminal Trespass. A probable cause hearing was scheduled on my client's charges, but I was able to speak with the case detective on many occasions prior to my client's hearing and the District Attorney decided to dismiss the charges against my client before the hearing.











Felony Dropped to Misdemeanor at Arraignment

Practice Area:

Criminal defense

Date:

Apr 21, 2011

Outcome:

Dropped to Misdemeanor

Description:

My client was charged with felony theft by receiving stolen property in DeKalb County. My client faced up to 10 years in prison if he was convicted of a felony after jury trial. We were able to resolve his case on his arraignment date (that is, his first appearance in court after his case was formally accused) with a misdemeanor First Offender sentence. That means that he will have no conviction on his record if he successfully completes 12 months of probation and he can say that he was never convicted of a crime. Further, his probation will be non-reporting once he pays restitution and a fine.











Antique Property Returned

Practice Area:

Litigation

Date:

Mar 23, 2011

Outcome:

Antique Property Returned

Description:

A civil litigation client asked me to assist him in retrieving his antique secretary (combination book cabinet and desk) from a man who unlawfully stole it from him 10 years ago. The man kept moving between the states of Georgia and North Carolina. I was able to petition the DeKalb County Magistrate Court for a hearing date once we located him in the State of Georgia. The man returned the antique furniture to my client after the petition was filed and prior to the hearing.











Client Signed Her Own Bond

Practice Area:

Criminal defense

Date:

Mar 14, 2011

Outcome:

Client Signed Her Own Bond

Description:

My client was charged with 3 felony drug offenses in DeKalb County. She was also facing a probation revocation hearing in Newton County. I was with my client when she turned herself in at the DeKalb County Jail and was able to get her before a Magistrate Judge that same afternoon. The Judge heard my arguments on behalf of my client and let her sign her own bond on her new DeKalb County charges. My client and her family saved money because they did not have to post bond for my client on her new DeKalb County charges.











DUI - Not Guilty After Jury Trial

Practice Area:

DUI and DWI

Outcome:

DUI - Not Guilty After Jury Trial

Description:

My client was charged in Fulton County with DUI, driving the wrong way on a divided highway, and other traffic offenses. The State Trooper in the case observed my client turn the wrong way on a divided highway after leaving an exotic dance club at 12:30 a.m. The State Trooper activated his dashboard camera and videotaped my client driving the wrong way on a divided highway. The State Trooper also videotaped my client attempting to complete the so-called Field Sobriety Tests. My client was recovering from stomach surgery and was unable to complete the so-called Field Sobriety Tests or complete a breath test at the police station. My client then submitted a urine sample, which the State Trooper kept in his locker for three (3) days. The prosecutor insisted on going forward with the case and the jury acquitted ("found my client not guilty") on all charges, including the DUI charge, except for driving the wrong way on a divided highway. My client was only required to pay a $600.00 fine.











Felony Dropped to Misdemeanor at Jury Trial

Practice Area:

Criminal defense

Outcome:

Dropped to Misdemeanor

Description:

My client was an inmate in the State Prison System. He was charged with Felony Obstruction of an Officer for hitting a corrections officer. My client faced 5 years in prison if he was convicted of a felony at jury trial. I learned prior to jury trial that my client's mother had just passed away, that my client received a letter in prison that his mother passed away, and that the corrections officer made a disparaging remark about my client and his mother right after my client received the news of his mother's death. During juror selection, I spoke with the District Attorney about the so-called victim's role in my client's case. The District Attorney offered a guilty plea with 2 years probation for my client, which we refused. The District Attorney then offered my client a misdemeanor plea and 12 months probation, which we accepted.

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