Georgia DUI Attorney Profile

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 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.

In his almost 15 years as a criminal defense attorney, 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 much 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.

Other notable distinctions achieved by Mr. Weintraub during his tenure as a federal prosecutor include:

1. In January, 1980, Mr. Weintraub prosecuted the first criminal jury trial in the newly constructed United States Courthouse on Spring Street in Atlanta.
2. In 1983, Mr. Weintraub prosecuted an 11-week long $l.5 million dollar international loan fraud scheme which, as of the date the jury verdict was returned on April 4, 1983, was the second longest jury trial ever prosecuted in the United States District Court in Atlanta.
3. In 1983, Mr. Weintraub also began the prosecution of, at that time, the largest bribe ever attempted in the history of the Internal Revenue Service (IRS) when he prosecuted two men for paying $500,000.00 in cash, together with promissory notes, to an IRS Agent. This bribe was paid in an effort to wipe out a $6 million dollar tax debt owed by one of the defendants and to also have the Agent terminate the IRS' probe of a tax-shelter scheme being promoted by that defendant.
4. In May-June, 1984, Mr. Weintraub's $1.5 million dollar international fraud case referred to above found itself before the House of Lords in England. Although the trial of five of the defendants in that case was completed, another defendant being prosecuted by Mr. Weintraub was a banker in London. This banker was fighting extradition to the United States where Mr. Weintraub was waiting to try him before a jury in Atlanta. The House of Lords decided this case in favor of extradition to the United States and the decision is reported in Great Britain as United States Government v. John H. McCaffery (H.I.(E.)), 1W.L.R. 867 (1984). This decision has become a leading authority cited worldwide on the applicability of the Extradition Treaties between the United States and England. Before the case made its way to the House of Lords there was a lengthy sixty-page decision denying extradition written in the Divisional Court of the Queen's Bench Division in The High Court Of Justice issued on November 28, 1983.
5. Later in 1984, Mr. Weintraub was appointed to serve a two-year term as the District Election Officer for the Northern District of Georgia where he was responsible for coordinating the investigation and prosecution of federal voter fraud offenses within that district. This appointment was made as part of a nationwide law enforcement initiative to detect and prosecute federal voter fraud offenses.

Further, as a federal prosecutor in Atlanta, Mr. Weintraub had the distinction of receiving several commendations regarding his excellent trial skills, including:

1. Commendation from Federal Bureau of Investigation (FBI) Director William H. Webster for Howard Jarrett Weintraub's outstanding prosecution efforts in an 11-week long criminal jury trial in the United States District Court for the Northern District of Georgia involving international loan fraud, which, at the time the jury verdict was returned on April 4, 1983, was the second longest jury trial ever prosecuted in federal court in Atlanta. Year: 1984
2. Commendation from the Southern Regional Director of Internal Security Division of the Internal Revenue Service (IRS) for Howard Jarrett Weintraub's outstanding prosecution efforts in a $500,000.00 attempted bribery prosecution in the United States District Court for the Northern District of Georgia which, at that time, was the largest bribe ever attempted in the history of the IRS. Year: 1984
3. Commendation from Acting Assistant Director of Investigations for the United States Secret Service, Department of the Treasury, Joseph R. Carlon for Howard Jarrett Weintraub's outstanding prosecution efforts in a stolen securities case in the United States District Court for the Northern District of Georgia. This was a nationwide precedent setting prosecution which established that the government's interest in stolen United States savings bonds exists with any holder of the bonds, even if the government has issued replacement bonds to the original owner of the bonds. The appellate decision in this prosecution can be found at United States v. Carr, 706 F2d 1108 (11^th Cir. 1983). Year: 1983
4. Commendation from the Acting Inspector General of the United States Small Business Administration (SBA) for Howard Jarrett Weintraub's outstanding prosecution efforts in a $1 million dollar fraud prosecution brought under the SBA Small Business Investment Act of 1958, as amended, in the United States District Court for the Northern District of Georgia. Year: 1982
5. Commendation from United States Attorney General William French Smith for Howard Jarrett Weintraub's outstanding prosecution efforts of the striking air traffic controllers in the United States District Court for the Northern District of Georgia. Year: 1981
6. Commendation from the Director of the Federal Aviation Administration, Southern Regional Office, Jonathan Howe for Howard Jarrett Weintraub's outstanding prosecution efforts of the striking air traffic controllers in the United States District Court for the Northern District of Georgia. Year: 1981
7. Commendation from United States District Judge James Lawrence King for Howard Jarrett Weintraub's outstanding prosecution efforts in a drug trafficking case in the United States District Court for the Southern District of Florida. Year: 1981
8. Commendation from the Special Agent In Charge of the Atlanta Office of the Federal Bureau of Investigation John Glover for Howard Jarrett Weintraub's outstanding prosecution efforts of a notorious advance fee loan swindler in the United States District Court for the Northern District of Georgia. Year: 1981
9. Commendation from the Special Agent in Charge of the Atlanta Office of the Federal Bureau of Investigation John Glover for Howard Jarrett Weintraub's outstanding prosecution efforts in an international loan fraud case in the United Sates District Court for the Northern District of Georgia. Year: 1981

Prior to becoming a federal prosecutor in Atlanta, when Mr. Weintraub graduated from law school at Emory University School of Law in Atlanta, he accepted an appointment with the government to be an Honors Program Attorney with the Appellate Section of the Criminal Division of the United States Department of Justice in Washington, D.C. While in this position, less than two years out of Emory where Mr. Weintraub had graduated with distinction and was a member of the Editorial Board of his law school's law review, Mr. Weintraub helped write the government's brief before the United States Supreme Court in the critically important case of United States v. Ceccolini, 435 U.S. 268, 98 S.Ct. 1054, 55 L.Ed.2d 268 (1978). This decision concerned the issue of the suppression of the trial testimony of a witness whose identity was discovered through an illegal search of a defendant's business.

Mr. Weintraub has had five publications concerning criminal law subject matters:

1. "Effective Use Of Pretrial Motions In A DUI Case: There Are Ways To Win Without Going To Trial", Institute of Continuing Legal Education In Georgia, Publication No. 932291, December, 1993.
2. "Grand Jury Practice: Special Problems Of The Corporate Investigation," Institute of Continuing Legal Education In Georgia, Publication No. 901069, September, 1990.
3. "Forfeiture Of Attorneys' Fees Under The 1984 Comprehensive Crime Control Act", Georgia State Bar Journal, Volume 22, No. 2, November, 1985.
4. "An Analysis Of Alternatives To Incarceration In Georgia--A Special Research Project", Emory Law Journal, Volume 24, Separate Edition, February, 1975.
5. "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. Stynchcombe, 412 U.S. 17 (1973)", Emory Law Journal, Volume 23, No.3, Summer, 1974.

Mr. Weintraub also has taught trial techniques and methods to law students and attorneys at Emory University School of Law and the United States Department of Justice's Office of Legal Education in Washington, D.C. Mr. Weintraub also has chaired and spoken at criminal law seminars in Atlanta, including the Defense of Drinking Drivers Institute held on December 9-10, 1993 in Atlanta (Speaker on the topic of Effective Pre-Trial Motion Practice); The Winter Seminar for the Georgia Association of Criminal Defense Lawyers held on January 15-16, 1993 in Atlanta (Chairman); and the Corporate Criminal Defense Seminar held on September 14, 1990 in Atlanta (Speaker on the topic of Grand Jury Practice: Special Problems Of The Corporate Investigation).

Mr. Weintraub has been the Chairman of the Criminal Law Section of the Atlanta Bar Association and was a member of the Board of Directors of the Georgia Association of Criminal Defense Lawyers. Mr. Weintraub is a member of the State Bar of Georgia, the Atlanta Bar Association, the District of Columbia Bar Association, the American Bar Association, the Georgia Association of Criminal Defense Lawyers, the National Association of Criminal Defense Lawyers, the Georgia Defense of Drinking Drivers Network and the Lawyers Club of Atlanta.

Mr. Weintraub was born on November 30, 1950, in New York City, New York.

Current Employment Positions:

Sole Practitioner

Areas Of Practice:

Criminal Law

Taxation Law

Constitutional Law

Litigation & Appeals

Litigation Percentage:

100% of Practice Devoted to Litigation

Bar Admissions:

Georgia, 1975

District of Columbia, 1977

U.S. Supreme Court, 1979

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. District Court Northern District of Georgia, 1978

U.S. District Court Middle District of Georgia, 1986

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: Editorial Board, Emory Law Journal, 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:

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

Birth Information:

1950, New York City, New York, United States of America