Free Consultation: (770) 422-2844Tap to Call This Lawyer
David S West

David S West

National Association of Criminal Defense Lawyers
  • Criminal Law, Appeals & Appellate, DUI & DWI...
  • Georgia
Badges
Claimed Lawyer ProfileQ&ASocial Media
Summary

With more than 20 years experience as one of metro Atlanta's premier criminal defense lawyers, David S. West has been recognized throughout Georgia and the southeast for his success defending difficult and high-profile criminal cases. Awarded America's coveted Top 100 Trial Lawyers in America award in 2013 and featured on CNN, FoxNews, 48 Hours and numerous other media outlets, Mr. West is now widely recognized as a leading criminal defense lawyer in his field. Mr. West is a Life Member of the National Association of Criminal Defense Lawyers, as well as the National Organization for the Reform of Marijuana Laws. He is admitted to the State Bar of Georgia as well as the federal courts and has appeared in cases from New York to San Francisco. His law firm, David West & Associates has achieved success in cases both big and small resulting in dismissals in capital cases as well as successful appeals to the Court of Appeals and Supreme Court. His firm offers free consultations and payment plans and offers a fee structure that is surprisingly affordable for most budgets.

Practice Areas
  • Criminal Law
  • Appeals & Appellate
  • DUI & DWI
  • White Collar Crime
  • Domestic Violence
  • Traffic Tickets
  • Cannabis & Marijuana Law
Fees
  • Free Consultation
  • Credit Cards Accepted
  • Rates, Retainers and Additional Information
    David West & Associates offers payment plans for those who need them and provide discounts to clients who can pay their fees in full.
Jurisdictions Admitted to Practice
Georgia
Placeholder image for jurisdictions.
Federal Circuit
Placeholder image for jurisdictions.
Languages
  • English: Spoken, Written
  • Spanish: Spoken
Professional Experience
Life Member
National Association of Criminal Defense Lawyers
- Current
Member
Cobb County Bar Association - Criminal Law Section
- Current
Contributing Member
Georgia Association of Criminal Defense Lawyers
- Current
Life Member
National Organization for the Reform of Marijuana Laws (NORML)
- Current
Education
Georgia State University College of Law
J.D. (1994) | Criminal Law
-
Georgia State University College of Law Logo
Berry College
B.A. (1991) | Political Science
-
Honors: Student Government Representative Dean's List all semesters
Activities: President and Founder - Berry College Republicans
Placeholder image for education.
Awards
Top 100 Trial Lawyers in America
National Trial Lawyers Association
Professional Associations
Georgia C.A.R.E. Project
Board of Advisors
- Current
Activities: Board member of Georgia's largest marijuana lobbying and advocacy group in the State of Georgia. Advises the organization on legal issues and assist with lobbying and legislation efforts with the organization. Speaks on issues related to marijuana legalization.
Placeholder image for professional associations.
Publications
Articles & Publications
Lawyer Wants Police Treated Like Dogs
Atlanta Journal Constitution
Speaking Engagements
Marijuana Legalization and the Law, Atlanta, GA
Georgia C.A.R.E. Project
Certifications
Open Water Scuba Diver
PADI
Websites & Blogs
Website
Legal Answers
13 Questions Answered

Q. Can a person be arrested for terroristic threats with out confirming the person sent the text message, or showing text
A: Sorry to hear about your mom. As far as the charge goes, terroristic threats requires that a verbal threat to harm or kill someone is communicated to them through any medium. This can be by text, phone, mail or even through another person. Police usually do not take a warrant unless they confirm the threat. If it involves messages, they usually have to view and copy the message. While it takes less proof to arrest someone, a good lawyer can often attack these charges if the only proof is verbal or if the evidence is lacking. Still, this is a felony charge so you definitely need to make sure she has a good criminal lawyer fighting for her! David West Senior Attorney David West & Associates Marietta, GA
Q. How is it possible to get a probation hold lifted and a bond. What’s the cost to talk to the lawyer and get a bond
A: A motion to lift a probation hold and for a probation bond must be filed by an attorney with experience in criminal cases. We can file these the day we are hired and often get a decision within days. If we can’t get probation to agree to it then we go to the hearing and fight for our client!
Q. Can i use first offenders on a burgarly charge
A: If you have never used First Offender in any other case or any other state then you are eligible to use first offender. And burglary charges do not prevent you from getting first offender treatment. However, First Offender is discretionary, meaning that the judge gets to decide if you actually get First Offender. And having a good lawyer to argue for you getting first offender can make a huge difference. The more serious the charges, the more difficult it can be to get a judge to agree to it. So make sure you have the best lawyer you can!
Q. Being 22 without a carry license; if I where to defend myself against an armed assault what could happen?
A: No one can give legal advice on how to handle a violent assault when you are armed. However I can advise you on several legal grounds. First, unless you have a concealed weapons permit, you cannot carry a firearm that isn’t in plain view. Second, lethal force to defend yourself is only permitted if you have good reason you are about to be seriously injured or killed. Most self defense cases that succeed involve being attacked by another person armed with a knife or gun as these would clearly make someone fear for their own life or the life of someone they are with. Lastly, just remember that if you are alone when this assault occurs and the other person is killed, you have no witnesses to back up your version of what happened. This is also why most self defense claims are successful when you are in your own home and someone breaks in. Cases that happen at night outside the home make proving self defense inherently more difficult - but not impossible. Again, none of this can speak to every scenario which might occur but these are the most important things to know about self defense and how it functions. I hope this assists you.
Q. I have read case law where ppl have upon pleading guilty they reserved there right to appeal the trial courts decision.
A: Everyone in Georgia has two ways to appeal after a plea. If they file a Notice of Appeal within 30 days of their plea and sentence then they can appeal directly to the Court of Appeals. If it has been less than four years for a felony or one year for a misdemeanor since the plea then a habeas corpus appeal can be filed as well. This is an attack on the plea or sentence on constitutional grounds. We handle both of those in Georgia and are very familiar with the options here.
Q. When u get searched on the side of road or at home then u get to jail they find something on u charged cross guard line
A: Crossing the guard line in Georgia includes not trllling police you have narcotics or drugs on you after you’ve been arrested and it is not discovered until they are booking you into the jail. Unfortunately, police are not required to warn you that you had better give them what you have or you will face even more serious charges. Of course, prosecutors don’t care because in their mind you knew you had it and you were just hoping somehow it would get overlooked. But the law is pretty cut and dry, if you bring drugs inside the guard line that surrounds a jail facility, you have broken that law. And it can take a minor crime and make it more serious. Fortunately, good drug lawyers can often get this charge dismissed or reduced.
Q. Is a no Information/False Information of name, address or birthdate considered fraud?
A: In Georgia, any crime that involves the use of false or fictitious information is a fraud crime. However, giving false information to police is not “listed” as a fraud crime on someone record in Georgia. So the practical answer to your question is no. A background check with a criminal record search will most likely show that specific charge though and whether any potential landlords are using that against you would be virtually impossible to find out unless they told you. As a practical matter, apartments would most likely go out of business if they started refusing leases to every potential tenant with a misdemeanor. So it’s doubtful it is the cause. Unfortunately, Georgia has done away with expungement so as it stands now, there is no method to erase or seal that misdemeanor even if it were the cause. And if the case ended more than a year ago, there is no appeal mechanism left in Georgia to return to court and undo what happened, even if you wanted to. In short, this is a situation a lawyer is not likely to be able to fix, even if it is part of the problem. Sorry I can’t give you better news but this is the truth. Good luck!
Q. how long can a person be held in Georgia when the accuser doesn't want to press charges any more.there is no evidence.
A: The answer to your question is difficult because the first thing I would need to know is what the person is accused of. If the ONLY evidence against the person is based on something only the accuser would know then it is possible the case could be thrown out if the accuser contacts the prosecutors in that county and states the police got the facts wrong. However, if ANY other evidence exists to support the charges such as visible injuries on the accuser, other witnesses including children, or physical evidence that makes the accusers denial of harm unbelievable, then the prosecution does not have to dismiss any case they believe they can still prove. Again, if I had more information, I could give you a more complete answer. Feel free to contact me to learn more.
Q. How long can Walker county Georgia hold an inmate for extradition to another state
A: A county jail can hold an inmate for up to 30 days for another state under what is called a Governor’s warrant from the other state. If the other state has not picked up the inmate within that time period, they should be released. If not, then you may need an attorney to fight their continued detention and get them released. Ordinarily, states will come get someone within 10-15 days of their being picked up though. That is the most common time they must wait. You should also know that an attorney can also seek an extradition bond that allows the defendant to be released - to then travel on their own back to the state to answer to the charges. Highly skilled criminal lawyers know how to handle this type of bond.
Click here to see all answers
Contact & Map
123 Church Street
Suite 220
Marietta, GA 30060
USA
Telephone: (770) 422-2844