Crime and Punishment

For many Athens newcomers, downtown—with its bevy of bars, music and entertainment—holds an almost mythical allure. It’s the setting for many firsts: a first beer, first kiss, first Irish car bomb, first time vomiting on a sidewalk, and in some cases, a first time explaining oneself to a police officer. 

“Athens is, hands down, the best college town in the country. Other places don’t even touch it—maybe Chapel Hill on a good day,†says criminal defense attorney Morris “Mo” Wiltshire.  

With that being said, here are a few tips for enjoying your time downtown without too many regrets, like a fat fine or a night in the clink.

Police Presence

“First-timers in Athens need to know that they are likely to be observed by a law enforcement agency regularly,” Wiltshire says. “It’s a great town. It’s a safe town; it’s a fun town, but we are a heavily policed town.â€

Still, policing downtown is a big job, with a unique set of challenges for officers. As crowds get larger and drunker later in the night, they begin to present more problems. “Obviously, we are outmanned on any particular night,†says Sgt. Kenneth Brown. “The crowds are so large, the only thing we can do is be reactive.â€

Athens-Clarke police tend to focus on spots where crowds tend to gather, including outside the bars along East Clayton and North Jackson streets, as well as Magnolias on East Broad Street, Sgt. Brown says. Police tend to enter bars once bar staff tell them about a problem, although they also spend time keeping intoxicated pedestrians out of roads, he says.

“If folks do come downtown, we want them to have fun and then make it home safely,†Brown says. 

Open Container 

Despite the town’s generally easygoing air, Athens isn’t Savannah or New Orleans. Carrying open bottles, cans and cups filled with alcohol along Athens’ sidewalks is illegal under the city’s open-container law. It should not be confused with Georgia’s open-container law, which criminalizes open containers in cars.  Athens’ ordinance also covers parking lots, parking decks and roadways. Those violating the rule face a $50 fine.

“Athens’ open-container ordinance gets a lot of people,†Wiltshire says. 

Although tailgating and drinking are allowed on the University of Georgia grounds, state property where Athens-Clarke County laws don’t apply, the ordinance still applies to downtown streets on gamedays. Most downtown bars also have railings outside, letting patrons know where the line between enjoying a beer outside ends and violating the open container law begins. 

Bar staff are good at reminding patrons of open-container laws, and UGA upperclassmen tend to inform new students of the law, Brown says. “It seems like the word about the open-container ordinance is getting around. We write fewer open-container tickets than we did five years ago,†he says. 

An open-container violation is an easy way to draw police attention, especially when accompanied by disorderly behavior, Wiltshire says. And if you’re under 21, you’ll get in twice the trouble.

Underage Drinking

Under Georgia law, it is illegal for underage drinkers to possess alcohol, even if the alcohol is in their stomachs. Still, police are not actively looking for underage drinkers when they patrol downtown, Brown says. “This misconception is that we go after the underage kids all the time,†he says. Police incident reports often show that underage drinkers usually draw attention because they’re holding an open container, can’t stand or walk properly or are otherwise acting up.

Many minors are surprised when they learn that a misdemeanor underage drinking charge can lead to a night in jail. A paddy wagon shuttles them to the Clarke County Jail on Lexington Road where they’re booked in and have to get someone to bail them out.   “Obviously, it’s a traumatic experience for them,†Brown says. “Years ago, we used to just write tickets.â€Â 

But police and prosecutors decided that writing tickets was not enough of a deterrent. Binge drinking had increased, and more underage kids were winding up in the hospital. “Among many kids, there was an attitude that they can pay the fine off and be done with it,†he says. 

The consequences of an underage-drinking arrest can last beyond that night, even beyond graduation, Wiltshire says. “The scariest part is that as [few] as 10 years ago, employers didn’t care if you had a misdemeanor on your record,†he says. “With the economy the way it is, though, misdemeanors are becoming serious impediments to employment and other opportunities.â€

First-time offenders can enter into a pretrial diversion program, Wiltshire says. Offenders must pay a $300 initial fee, monthly $30 fees for probationary supervision, a $115  fee for a drug and alcohol awareness course, submit to periodic drug tests and complete a set number of community service hours. In exchange, the charges will be dropped from their record. 

Fake IDs

How do underage drinkers procure their alcohol? Often with a fake ID. That’ll get you into enough trouble, but Wiltshire has another tip. “If you insist on using a fake ID and get caught, don’t insist that it is you on the fake ID,†he says.

Doing so may lead to a felony charge, and a judge might deny bond. Georgia lawmakers sharpened penalties for fake IDs in 2011 as part of a state law cracking down on illegal immigrants. The provision applies to everyone and carries a maximum penalty of three years in prison and a $5,000 fine. 

Georgia law provides certain exceptions that classify the use of fake IDs to buy alcohol or cigarettes or enter bars as a misdemeanor, though the penalties get harsher once someone attempts to use a fake ID for any other purpose, including deceiving a police officer. 

Drinking and Driving

Obviously, drinking and driving is a big no-no. “It would be cheaper to get a cab or even a hotel room than it would be to hire a lawyer to adjudicate a DUI,†Wiltshire says. “This town is aggressive when it comes to drinking and driving.â€

If you’re pulled over after drinking, keep your mouth shut. Offenders get themselves into more trouble by talking too much to police, and in the process, reveal self-incriminating information, Wiltshire says. “If you are in police custody, stay silent and use your fifth amendment right,†he says.

While intoxicated, a person may think lying to police seems like a good idea or let their emotions get the better of them and start arguing with officers. “Most people do a good job of talking themselves into jail rather than out of it,” Wiltshire says.

Students have to worry about their parents, too. Local media reports on alcohol-related arrests. Then there’s the “Dawg Catcher,” an anonymous tattletale who cross-references arrest records with UGA’s online directory and mails police reports to students’ parents. Being honest with parents about an alcohol-related arrest can save stress in the long run, before they hear about it from somewhere else, Wiltshire says. After all, they will probably be the ones helping with the bills.

Finding a lawyer

Going to court for the first time can be a stressful ordeal. Wiltshire advises people to seek legal counsel if facing an offense greater than a traffic ticket. “There are lots of lawyers in town who will offer an initial consultation for little or no money,†Wiltshire says.  

Lawyer-ranking service Avvo.com allows would-be clients to search for lawyers in their area. The free service includes rankings of lawyers based on client and colleague reviews, as well as expected fees. “If at all possible, talk to a lawyer or former prosecutor who has adjudicated cases in the jurisdiction you are dealing with,”  Wiltshire says. “These guys have a leg up on understanding the ins and outs of the system.”

Avoiding Trouble 

The best way to beat a rap is to avoid it in the first place. A little common sense can go a long way. 

“The biggest things I tell folks, particularly females, is to come downtown with a plan and a friend and to make sure you leave with that friend,†Brown says. Traveling with groups allows people to look out for each other, while having a plan can keep a person from finding themselves stranded at 2 a.m. after they had too much to drink. 

Police will often escort people home or offer them a ride if they feel unsafe walking alone, even if that person appears drunk, Brown says. Downtown officers are focused more on personal safety than gauging how much a person has had to drink, he said. “If folks do come downtown, we want them to have fun and then make it home safely,†he says.

Venturing into high-crime neighborhoods surrounding downtown looking to buy drugs can lead to getting robbed or beaten. “Don’t engage in financial transactions with unlicensed pharmaceutical dealers in Bethel Homes,†Wiltshire says. 

In general, a good bit of situational awareness can help someone realize when trouble is brewing, whether walking home alone, in a bar with friends or hanging downtown after a football game, he says. “If you are not sure where you are or what is going on, and you don’t feel safe, immediately take steps to change that,†he says.

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