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Atlanta Criminal Defense Lawyer

Howard J. Weintraub

“There is nothing like the challenge of a complex case to bring out my relentless determination to win!”

- Howard J. Weintraub, Attorney at Law

Results matter when it’s your life … I am experienced, aggressive and I am READY NOW to begin vigorously defending YOUR FUTURE!

Everyone needs help at some time…and I enjoy helping people! Being a criminal defense attorney allows me to assist good people who find themselves in need of legal assistance most often unexpectedly, unprepared and unaware of the law. When you are facing a criminal prosecution, you need an aggressive and experienced former federal prosecutor who will vigorously defend your rights.

Since 1985, Howard Jarrett Weintraub has been in the private practice of law in Atlanta, Georgia, where he has his own law firm. Mr. Weintraub's practice consists of primarily defending those individuals charged with violations of the federal criminal laws and those individuals charged with a Georgia DUI "driving under the influence" of alcohol and/or drugs, as well as with other state crimes. Mr. Weintraub's practice has taken him to the local courts throughout the State of Georgia, to all of the United States District Courts in the State of Georgia, and to the United States District Courts in the States of Alabama, California, Florida, Illinois, Maryland, North Carolina, Tennessee and Texas. Mr. Weintraub deeply believes in the proposition that, whenever the government is trying to take away or interfere in any way with the liberty of any individual, that person is entitled under our constitutional protections to the most vigorous and zealous defense permitted by our laws.

As a lawyer with more than 32 years of criminal law experience in state and federal courts, Mr. Weintraub has represented hundreds of individuals charged with a wide range of criminal offenses including: aggravated assault; armed robbery; bribery; child molestation; conspiracy to commit specified crimes; counterfeiting of United States currency; driving under the influence of alcohol and/or drugs; drug trafficking and possession; extortion; firearms violations; frauds against banks, businesses and United States government agencies; health care fraud; homicide (including vehicular homicide); money laundering; pension fund fraud; rape; stalking; tax violations; United States customs and munitions import and export laws violations; and voting fraud / election fraud violations.

Mr. Weintraub also has represented individuals who have had their currency and other property seized by law enforcement authorities who sought to forfeit such currency and property because of allegations of illegal criminal activities.

Mr. Weintraub's extensive experience has involved successfully negotiating transactional immunity from prosecution for certain clients; handling grand jury proceedings and other pre-indictment stages of criminal cases; conducting internal corporate investigations in response to the initiation of government investigations; participating in over 50 felony jury trials; and having federal sentencing proceedings result in the imposition of either a term of probation or a custody sentence markedly less than the amount of incarceration sought by the federal prosecutor and/or the United States probation officer.

Prior to starting his own firm in 1985, Mr. Weintraub gained extremely valuable experience on how to vigorously defend those individuals charged with crimes during his tenure as an Assistant United States Attorney in the Northern District of Georgia from 1978-1985. As a federal prosecutor in Atlanta, Mr. Weintraub headed the Rome, Georgia division of the United States Attorney's Office for the Northern District of Georgia for a period of 1 1/2 years. At another time, Mr. Weintraub was the lead Assistant United States Attorney handling crimes being committed in the United States Federal Penitentiary in Atlanta. During this prosecution rotation, the Atlanta United States Penitentiary had more murders of inmates and correctional officers than any other federal prison, making it the most violent federal prison in the United States. In the last three years of his tenure as a federal prosecutor, Mr. Weintraub concentrated his efforts in the prosecution of white-collar fraud and public corruption cases.

Practicing in criminal defense:

  • Georgia DUI Law
  • Felonies and Misdemeanors
  • Federal Criminal Defense
  • White Collar Criminal Charges

Areas of Practice:

  • DUI/DWI
  • Criminal Law

Litigation Percentage:

  • 100% of Practice Devoted to Litigation

Bar Admissions:

  • Georgia, 1975
  • District of Columbia, 1977
  • U.S. District Court Northern District of Georgia, 1978
  • U.S. District Court Middle District of Georgia, 1986
  • U.S. Court of Appeals 2nd Circuit, 1977
  • U.S. Court of Appeals 3rd Circuit, 1976
  • U.S. Court of Appeals 5th Circuit, 1977
  • U.S. Court of Appeals 6th Circuit, 1976
  • U.S. Court of Appeals 11th Circuit, 1981
  • U.S. Supreme Court, 1979

Education:

  • Emory University School of Law, Atlanta, Georgia
    J.D., Doctor of Jurisprudence
    Honors: Top 10% of class; graduated With Distinction
    Honors: With Distinction
    Law Journal: Emory Law Journal, Editorial Board, 1973 - 1975
  • State University of New York, Buffalo, New York, 1972
    B.A., Bachelor of Arts
    Honors: Magna Cum Laude
    Honors: Dean's List for eight semesters;
    Honors: Provisional Certificate to teach Social Studies
    Major: History

Published Works:

  • Effective Use Of Pretrial Motions In A DUI Case: There Are Ways to Win Without Going To Trial; Institute of Continuing Legal Education, Georgia, Publication No. 932291, December, 1993
  • Grand Jury Practice: Special Problems Of The Corporate Investigation; Institute of Continuing Legal Education, Georgia, Publication No. 901069, September, 1990
  • Forfeiture Of Attorneys' Fees Under The 1984 Comprehensive Crime Control Act, Georgia State Bar Journal, Vol.22, No.2, November, 1985
  • An Analysis Of Alternatives To Incarceration In Georgia -- A Special Research Project, Emory Law Journal, Vol. 24, February, 1975
  • Comment: Criminal Procedure -- Constitutional Law -- Increased Sentence By A Jury Permitted At Retrial Following A Successful Appeal or Collateral Attack Of An Erroneous Conviction - Chaffin v. Stychcombe, 412 U.S. 17 (1973), Emory Law Journal, Vol. 23, No. 3, Summer, 1974

Representative Cases:

  • Bulloch v. State, 293 Ga. 179, 744 S.E.2d 763 (2013)
  • Cash v. State, 294 Ga. App. 741, 669 S.E.2d 731 (2008)
  • United States v. Ceccolini, 435 U.S. 268, 98 S.Ct. 1054, 55 L.Ed. 2d 268 (98 S.Ct. 1054 1978)
  • United States v. Morris, 20 F.3d 1111 (11th Cir. 1994)
  • United States v. Gates, 10 F.3d 765 (11th Cir. 1993)
  • United States v. Gates, 935 F.2d 187 (11th Cir. 1991)
  • United States v. Block, 755 F.2d 770 (11th Cir. 1985)
  • United States v. Carr, 706 F.2d 1108 (11th Cir. 1983)
  • United States v. Carson, 669 F.2d 216 (5th Cir. 1982)
  • United States v. Wright, 622 F.2d 792 (5th Cir. 1980)
  • United States v. Enright, 579 F.2d 980 (6th Cir. 1978)
  • Thornburg v. United States, 574 F.2d 33 Cir. (1st Cir, 1978)
  • United States v. Williams, 573 F.2d 348 (5th Cir. 1978)
  • United States v. The Merchant Diamond Group, Inc., 565 F.2d 252 (2nd Cir. 1977)
  • United States v. LaRiche, 549 F.2d 1088 (6th Cir. 1976)
  • United States v. Keller, 730 F.Supp. 151 (N.D. Ill. 1990)
  • Colkitt v. State, 251 Ga. App. 749, 555 S.E.2d 121 (2001)
  • Caldwell v. State, 245 Ga. App. 630, 538 S.E.2d 531 (2000)
  • Russell v. State, 236 Ga. App. 645, 512 S.E.2d 913 (1999)

Representative Clients:

  • National Integration Specialists Corporation, Inc.
  • Ameristar Mortgage Corporation
  • Worldwide Clinical Trials, Inc.
  • International Christian Fellowship, Inc.

Classes/Seminars Taught:

  • Faculty Member, Emory University School of Law Trial Techniques Program, Atlanta, Ga., 1986 - Present
  • Faculty Member, Atlanta College of Trial Advocacy, Atlanta, Ga., 1985
  • Instructor, United States Department of Justice, Office of Legal Education, Washington D.C., 1983 - 1985
  • Speaker, Defense Of Drinking Driver Institute Seminar, Atlanta, Ga., Dec. 9-10, 1993
  • Speaker, Corporate Criminal Defense Seminar, Atlanta, Ga.; Dec. 14, 1990
  • Chairman, Georgia Association of Criminal Defense Lawyers, Winter Seminar, Atlanta, Ga., Jan., 1993

Honors and Awards:

  • Federal Bureau of Investigation, Commendation, 1984
  • Internal Security Division, Internal Revenue Service, Commendation, 1984
  • United States Secret Service, Department of Treasury, Commendation, 1983
  • United States Small Business Administration, Commendation, 1982
  • United States Attorney General William French Smith, Commendation, 1981
  • Federal Aviation Administration, Southern Regional Office, Commendation, 1981
  • United States District Judge James Lawrence King, Commendation, 1981
  • Atlanta Office, Federal Bureau of Investigation, 2 Commendations, 1981
  • Lawyers Cooperative Publishing Co. American Jurisprudence Awards, 1974 - 1975

Professional Associations and Memberships:

  • State Bar of Georgia, 1975 - Present
    Member
  • Atlanta Bar Association, 1975 - Present
    Member
  • Atlanta Bar Association, 1990 - 1991
    Chairman, Criminal Law Section
  • District of Columbia Bar Association, 1977 - Present
    Member
  • Georgia Association of Criminal Defense Lawyers, 1987 - 1995
    Member, Board of Directors
  • National Association of Criminal Defense Lawyers, 1985 - Present
    Member
  • American Bar Association, 1975 - Present
    Member
  • American Bar Association White Collar Crime Committee, 1990 - 1992
    Member, Health Care Fraud Subcommittee
  • Lawyers Club of Atlanta, 1985 - Present
    Member
  • Practitioners Advisory Group for the United States Sentencing Commission, 1990 - Present
    Member
  • Metropolitan Atlanta Crime Commission, 1984 - 1985
    Ad Hoc Member
  • Peachtree-Atlanta Kiwanis Club, 1985 - 1986
    Membership Chairman

Fraternities/Sororities:

  • Phi Delta Phi

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