The Frey Law Firm The Frey Law Firm 2026-08-17T02:45:24Z https://www.stevefreylaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1103456/2023/12/cropped-TheFreyLawFirm-site-icon-32x32.png On Behalf of The Frey Law Firm <![CDATA[Self-Defense vs. Felony Murder in Georgia: Understanding ‘Stand Your Ground’ Laws]]> https://www.stevefreylaw.com/?p=48113 2026-08-17T02:45:24Z 2026-08-17T02:45:24Z The night keeps replaying, and you still believe you had no choice. A prosecutor is calling it murder. What Georgia law does with that gap can shape the rest of your life.

What Stand Your Ground actually protects

Under Georgia's Stand Your Ground statute, O.C.G.A. § 16-3-23.1, you have no obligation to withdraw from a threat. You may maintain your position in any location where your presence is lawful. Deadly force satisfies a substantially higher threshold. Georgia's justification law authorizes it exclusively to prevent death, great bodily injury or a forcible felony. 

How felony murder can erase a self-defense claim

Felony murder applies when a death happens during another felony. Prosecutors do not need to prove you intended to kill anyone. Georgia's justification rules also carry a felony exception. You cannot claim self-defense while committing a felony, fleeing after one or acting as the initial aggressor. This matters because the charge can strip away your strongest defense. A jury may never weigh the threat you actually faced. What you were doing in the minutes before the encounter can carry as much weight as the encounter itself.

Immunity motions and the burden of proof

Georgia lets you request a pretrial immunity hearing. You must show by a preponderance of the evidence that your force was justified. A judge who agrees can dismiss the case outright. If the motion fails, you can still raise self-defense at trial, where the state must disprove it beyond a reasonable doubt.

How Clayton County courts weigh proportional force

Judges and juries here look closely at whether your response matched the danger. Several facts can undercut a self-defense claim:
  • Initial aggressor: You provoked or started the confrontation.
  • Mutual combat: You agreed to fight and never withdrew.
  • Excessive force: The threat did not involve death or serious injury.
  • Ongoing felony: A death occurred during another crime.
Prosecutors often build an entire theory around one of these points.

Talk with The Frey Law Firm about your self-defense case

Georgia removes the duty to retreat, but the felony murder rule and the aggressor exception can remove justification entirely. Immunity motions give you an early chance to test the state's evidence before trial. This matters because the same set of facts can support an acquittal or a life sentence.  Attorney Steven M. Frey brings more than 30 years of trial experience to murder and other violent crime cases. He is a past president of the Clayton County Bar Association and knows the courtrooms where your case will be heard. Call The Frey Law Firm in Jonesboro at 770-676-1431 for a consultation. ]]> On Behalf of The Frey Law Firm <![CDATA[Referral fee investigation: What healthcare providers should know]]> https://www.stevefreylaw.com/?p=48110 2026-08-12T14:59:24Z 2026-08-12T14:59:24Z What federal law actually prohibits Most referral fee cases in Georgia involve one or more of these federal laws:
  • Eliminating Kickbacks in Recovery Act (EKRA): Prohibits paying or receiving anything of value for patient referrals to clinical labs, recovery homes and treatment centers
  • Anti-Kickback Statute (AKS): Prohibits referral-related payments tied to any federal healthcare program
  • False Claims Act: Prohibits submitting false or fraudulent claims to Medicare or Medicaid
The Georgia False Medicaid Claims Act matches the federal False Claims Act. Georgia also bars fee-splitting among healthcare providers. One referral arrangement can trigger both federal and state charges.

How legitimate payments get flagged

How a payment is structured is often what draws federal attention. Common setups that trigger federal investigations include:
  • A marketing representative paid per patient referral
  • A lab that pays a consultant based on the number of test orders
  • A treatment center that rewards staff based on patient intake numbers
These arrangements do not automatically break the law. However, they can raise concerns when payments link to referrals or patient volume. Providers should review how they calculate compensation and whether it looks like an incentive for referrals.

The role of criminal intent

Federal healthcare fraud cases require proof of criminal intent. The government must show that violations occurred “knowingly and willfully.” This means prosecutors do not need to prove the defendant knew about the Anti-Kickback Statute. They only need to show the defendant knew the conduct was wrong. The facts of each case surrounding the conduct can help determine whether criminal intent existed.

How safe harbors offer legal protection

Both EKRA and AKS include safe harbors. These are legal exceptions that protect certain payment structures from charges. AKS safe harbors cover bona fide employment and personal services contracts. EKRA protects employees and contractors paid fixed amounts. Those fixed amounts must not be tied to referral volume, test counts or billing totals. Meeting safe harbor requirements can reduce the risk of violating federal law.

Protecting your medical practice

Knowing whether your arrangements comply with federal law is important. In such cases, legal counsel can assess whether arrangements meet safe harbor requirements and identify compliance issues. If you have concerns about your practice, consider speaking with a healthcare attorney before the issue becomes a larger legal problem.]]> On Behalf of The Frey Law Firm <![CDATA[How Northern District of Georgia charges differ from state cases]]> https://www.stevefreylaw.com/?p=48106 2026-05-26T20:59:32Z 2026-05-25T16:08:42Z The power gap In state cases, local prosecutors rely on the state agencies and local police departments to gather evidence. Federal prosecutors have the bottomless resources of federal agencies, such as the Federal Bureau of Investigation (FBI) or the Drug Enforcement Administration (DEA). Assistant United States Attorneys (AUSAs) rarely indict people unless they feel confident of securing a conviction.

The much faster pace

The Northern District of Georgia is notorious for moving with aggressive speed. There are few procedural delays, and defense attorneys do not have the luxury of waiting to see what may happen next. An immediate response is necessary, as the trial is likely to move forward relatively quickly.

The increased penalties

Federal United States sentencing guidelines impose strict mandatory minimum sentences that judges do not have the discretion to bypass. Additionally, the federal penal system does not extend parole to those sentenced to incarceration. An attorney's guidance may be the only thing protecting a federal defendant from a decade or more in prison.

The challenges of discovery

With federal investigators releasing huge quantities of information, the average defense attorney who handles primarily state cases may not have the resources to evaluate all of the prosecution’s evidence in a federal case. Defendants need support from professionals who can manage the overwhelming amount of information released during the discovery process. Consulting with a federal criminal defense attorney familiar with the proceedings in the Northern District of Georgia can help those facing criminal charges. Immediate assistance from a professional can lead to the development of the best defense strategy possible.]]> On Behalf of The Frey Law Firm <![CDATA[Federal drug crimes: The basics]]> https://www.stevefreylaw.com/?p=47977 2024-11-28T09:27:58Z 2024-02-24T20:29:54Z Under the CSA, substances are categorized into different schedules based on their perceived medical value and potential for abuse. This classification system provides the framework for regulating controlled substances. The CSA groups controlled substances into five schedules, with Schedule I encompassing drugs deemed to have a high propensity for abuse with no accepted medical use. Examples of Schedule I substances include heroin, LSD and ecstasy. On the other end of the spectrum, Schedule V includes substances with a lower potential for abuse, such as certain cough medicines containing codeine.

Federal drug crimes and penalties

Engaging in illicit activities involving controlled substances can lead to severe legal consequences under federal law. Common federal drug crimes include:
  • Drug trafficking
  • Distribution
  • Manufacturing
  • Possession with intent to distribute
  • Conspiracy to commit drug-related offenses
Federal drug laws impose mandatory minimum sentences for certain drug offenses, which require judges to impose specific prison terms regardless of individual circumstances. These sentencing provisions aim to deter drug-related activities and help ensure consistency in punishment. However, critics argue that mandatory minimums disproportionately affect minority communities and contribute to mass incarceration.

Enforcement and prosecution

Enforcing federal drug laws is a collaborative effort involving various law enforcement agencies, including:
  • The Drug Enforcement Administration (DEA)
  • Federal Bureau of Investigation (FBI)
  • S. Customs and Border Protection (CBP)
These agencies collaborate to investigate drug crimes, dismantle trafficking organizations and disrupt the flow of illicit substances into the country.

Defenses against federal drug charges

Individuals facing federal drug charges have the right to mount a vigorous defense against the prosecution’s case. While the specific strategies may vary depending on the circumstances of the case, common defenses include:
  • Questioning the legitimacy of search and seizure procedures
  • Disputing the sufficiency of evidence
  • Asserting violations of constitutional rights
The Fourth Amendment is a crucial legislation that shields individuals from unreasonable searches and seizures by law enforcement. Therefore, a defense attorney can seek to suppress evidence obtained through unlawful searches or seizures and argue that such actions violate the defendant’s constitutional rights. Successful suppression motions can significantly weaken the prosecution’s case and may lead to the dismissal of charges. Federal drug crime charges can have far-reaching implications. Anyone charged with this kind of unlawful wrongdoing can benefit from the guidance of a legal support team that can effectively navigate the ins and outs of their unique circumstances.]]>