Practice Areas

Criminal Law

We can represent you with any type of criminal charge, including: Criminal Courts for all misdemeanors and felonies, Federal Courts and Juvenile Criminal Courts. If you are already sentenced we can help you with the appeals or  sentence modifications and or expungement.

Juvenile Law

When a minor is arrested or accused of a criminal offense, they have the right to legal counsel. A minor may be falsely accused or may be facing serious charges based upon entirely circumstantial evidence or upon an unreliable witness's testimony. We can work to protect the minor's rights and can fight to help them to avoid a conviction and serious penalties.

Municipal Law

We can handle your needs with county and city governments for zoning, permits, and other local government matters.

Custody and Immigration Law

For 25 years, we have concentrated in the areas of criminal law, juvenile and deprivations law, child custody actions to litigation to dissolution.  With the recent changes in the law and the overlap in our areas of concentration, we decided to take the experiences we have gained to move into immigration law as a part of our concentrated areas.

Traffic Law

Traffic Violations are the most common criminal offense in Georgia, most are misdemeanors. We can help you fight all of your traffic violations. 

Improvement Districts

Charlton Allen & Associates is at your service for the creation, implementation and litigation to support your Community Improvement District. 

Criminal Law

Types of Criminal Cases We Defend

The Law Office of W. Charlton Allen can represent you with any type of criminal charge, including Criminal Courts for all Misdemeanors and Felonies, Federal Courts and Juvenile Criminal Courts. We can also assist you in clearing your record with an Expungement. If you are already found guilty and sentenced, we can help you with Appeals and Sentence Modifications.


Charlton Allen & Associates will represent cases including, but not limited to:

  • Drunk Driving 
    • DUI
  • Drug Crimes
    • Possession
    • Manufacturing/ Distribution
    • Trafficking
    • Dealing
  • Violent Crimes
    • Fatal Offenses
      • Homicide
      • Murder
      • Manslaughter
    • Personal Offenses
      • Assault
      • Battery
      • Sexual Assault
      • Rape
    • Property Offenses
      • Criminal Damages
      • Criminal Trespass
      • Theft
      • Robbery
      • Extortion
      • Dacoity
      • Robbery
      • Fraud
    • Participatory Offenses
      • Accomplice
      • Aid and abet
      • Conspiracy 
      • Inchoate offenses
    • Strict liability
      • Negligence
      • Endangerment
      • Simple Weapon Possession
      • Carry a Concealed Weapon
      • Carry on or about a person


If you or a loved one is facing a criminal charge, please contact us at 770-938-1770.

Juvenile Law

Types of Juvenile Cases We Defend

If you are looking for an attorney experienced in defending juvenile crime charges, and deprivation/dependency cases, the Law Office of W. Charlton Allen can help.

Juvenile cases are very different from adult cases in state and federal court. The system is meant to provide minors with rehabilitation, confidentiality, and services rather than focus solely on punishment. Unfortunately, depending on the case itself or the minor's history of behavior, the court may impose very harsh penalties or may even try a minor as an adult, where he or she would face the same penalties as an adult in a similar situation.In Dependency matters, the minor can end up in foster care.  When a minor is arrested or accused of a criminal offense, he or she has the right to legal counsel.  Parents and minor children have the right to legal counsel in a dependency matter.

 We  work to protect the minor's rights and we fight to help him or her avoid a conviction and serious penalties.


Typical Cases

  • Theft / Larceny
  • Shoplifting
  • Stealing a bicycle 
  • Stealing from backpacks or lockers
  • Vandalism
  • Tagging and Graffiti
  • Drawing on Public Walls
  • Keying a Car and Cutting Auto Tires
  • Alcohol Offenses
  • Underage Purchase or Possession
  • Underage Consumption of Alcohol
  • Providing Alcohol to Underage Persons
  • Possessing an Open Container in Public/Car
  • Disorderly Conduct
  • Fighting in a Public Place
  • Cursing at a Teacher
  • Flashing, Mooning and Indecent Exposure
  • Simple Assault or Battery
  • Physical Bullying leading to Assault
  • Child/Parent Physical Disagreements
  • Shoving or Pushing a Person
  • Possession 
  • Possessing Small Amounts of Marijuana
  • Smoking Marijuana in a Public Place
  • Tobacco Offenses
  • Illegally Purchase Tobacco
  • Chewing or Smoking Tobacco at School 
  • Providing or Enabling Youth to Use Tobacco
  • Curfew Violations
    • Sneaking Out of Home After Curfew
    • Walking Home After Curfew
    • Violating a Park Curfew
  • School Disciplinary Offense
  • Disrupting Class
  • Food Fights and Cheating
  • Violating the Dress Code
  • Traffic Violations
  • Speeding or Failing to Yield 
  • Not Wearing a Seat Belt
  • Texting
  • Truancy 
  • Cutting Class
  • Excessive Tardies
  • Violating a Court Order to Attend School
  • Criminal Trespass
  • Entering a Vacant Building
  • Entering Property or Dwelling Without Permission
  • Returning to a Store After Being Banned
  • Criminal Nuisance / Mischief 
  • Damaging a Mailbox
  • Egging or Toilet-papering a home
  • Picking Flowers in a Restricted or Private Area
  • Possession of Drug Paraphernalia
  • Possession of a Pipe with Resin
  • Using Drug Paraphernalia to Use Controlled Substance 
  • Harassment
  • Bullying
  • Continued Unwanted Contact With Another Person
  • Insulting or Taunting Another Person to Provoke a Disorderly Response 
  • Fraud
  • Writing Bad Checks
  • Impersonating Another
  • Committing Fraud Via Electronic Communication
  • Burglary
  • Enter Friends or Relatives Homes to Steel Something 
  • Entering a School to Steal Something 
  • Entering a Home, School, Business to Steal or Cause Damage
  • False Reporting
  • Pulling a Fire Alarm
  • Calling in False 911 Calls
  • Calling in a Bomb Threat
  • Loitering 
  • Hanging Out in a Group in Front of a Building
  • Smoking in Groups on the Street Corner
  • Being in a Park or Store After Closing
  • Possession of Stolen Property
  • Having a Stolen Bicycle in possession
  • Receiving Stolen Goods from a Friend
  • Being in the Company of Someone Who is Stealing 
  • Possession of a Weapon
  • Unlawfully Possessing Pepper Spray 
  • Possessing a BB or Pellet Gun While Underage
  • Caring Weapons like Metal Knuckles, Nunchucks, Knives, or Guns
  • Reckless Endangerment 
  • Throwing Object at Cars
  • Hanging on to a Moving Car
  • Speeding Out of a Parking Lot
  • Resisting an Officer without Violence
  • Lying to a Police Officer, including one's Age
  • Running Away from Law Enforcement
  • Refusing to Move When Ordered by an Officer
  • Runaways
  • Running Away from a Parents House
  • Going to another City/State when Forbidden by a Parent
  • Staying at a Friends or Families House without the Parent Permission
  • Unauthorized Use of a Motor Vehicle
  • Driving Without a License 
  • Unlawfully Using All-Terrain Vehicles
  • Taking Parents or Friends Car without Permission

Protecting Your Future

At the Law Office of W. Charlton Allen, we also focus on protecting your son or daughter's juvenile record. Under some circumstances, we may be able to keep a juvenile conviction off of your child's record. A criminal record can limit your child's future options for employment and education. A dependency case can lead to a permanent record for the family. It is important to hire an attorney to make sure the child's record is protected.We are discreet and creative. We will look at all possible options to get you the result you need. Contact us at 770-938-1770 to put our knowledge and experience to work for you.






Municipal Law

City and County Government representation

Since 1996, with the conclusion of a major zoning issue in DeKalb County, this firm has represented community organizations, neighborhood associations, and non-profit civic organizations as they interface with county and municipal governments.  We have experience in zoning, permitting, code enforcement, ordinance amendments, variances, local taxation and other aspects of local governments land use and zoning project development.  


For the land owner and land developer, our experience in presenting matters before zoning boards and governing authorities, as well as dealing with administrative permitting processes helps to streamline the development process from concept to completion.  Located in the city of Tucker, we have good familiarity with the people and process of the city of Tucker as well as the county of DeKalb.  To find out more, call us at 770-938-1770.

Custody & Immigration

Immigration

Immigration Law

As of 2012, we began to  include IMMIGRATION LAW as an area of concentration for our practice.This is an outgrowth of five years in application of immigration issues within the context of criminal law, custody actions, juvenile and deprivation/dependency cases, and issues related to small businesses--both from the employer side and from the worker side. For 17 years, we have concentrated in the areas of criminal law, juvenile and deprivations law, child custody actions, and small businesses from formation to litigation to dissolution.  With the recent changes in the law and the overlap in our areas of concentration, we decided to take the experiences we have gained to move into immigration law as a part of our concentrated areas.  Contact our office today at 770-938-1770 if you need help with any immigration legal issues. 

Custody

 Though not a general family law practice, Charlton Allen & Associates has years of experience with custody actions, including guardianships, custody modifications, paternity, legitimations, termination of parental rights and voluntary surrenders by parents for adoption.  


We have also worked to assist children of immigrants, whose parents were removed by Homeland Security, to secure their residency and expedite the process for permanence in the United States.  Please contact us for more information at 770-938-1770.

Traffic Violations

Traffic Violations

Many people think that traffic violations are minor and not worth worrying about. However, they can affect a number of important areas of your life and cause you problems in the future especially if you are a commercial driver. Moreover, some traffic violations can lead to jail or prison time. You should not take this risk. Contact an attorney who can explain your options and help defend you against any traffic charge.

Defending Students and Commercial Drivers (CDL) Against Traffic Charges

At our Tucker-area law firm, the Law Office of W. Charlton Allen, we help clients fight all types of traffic violation charges. Contact our attorney to learn how we can help you. Call 770-938-1770 to schedule a free initial consultation.

Examples of Traffic Violations

Our lawyer defends clients against all types of traffic charges, including the following:

  • Driving while license suspended
  • Speeding
  • Reckless or careless driving
  • Hit and run
  • Vehicular homicide

Traffic violations such as these can result in points on your license — points that can increase your auto insurance premiums, or, in the case of a commercial driver cause a job loss. Our attorney fully understands how points can be removed from your driving record and can steer you through the process.

What Our Lawyer Can Do

Judges and prosecutors have leeway in these matters. Our attorney may be able to show mitigating circumstances, which the judge or prosecutor may reduce the charges or sentence you to an alternative program, especially if you have only one offense. Also, our attorney can help you restore your driver's license if it has been suspended.Contact the Law Office of W. Charlton Allen if you or your child has a traffic violation. Call us at 770-938-1770 to learn how we can help.

Community Improvement Districts

Charlton Allen & Associates has experience in  the creation, implementation, governance and litigation regarding Community Improvement District (CID.)  We have worked with the Georgia General Assembly on legislation important to CID's.  We represent CID's in DeKalb, Fulton, and Gwinnett Counties, and interface with county and municipal governments on behalf of the CID's.



  1. Adoption of Resolution
  2. Written Consent


  • I.CONSTITUTIONAL BASIS

All Community Improvement Districts (CIDs) in Georgia are founded pursuant to Article IX, Section VII of the Georgia Constitution.  The constitutional amendment allowing this type entity was approved by the voters in 1984.


  • II.PURPOSES

A CID may be created for one or more of the following governmental services and facilities:

  1. Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads.
  2. Parks and recreational areas and facilities.
  3. Storm water and sewage collection and disposal systems.
  4. Development, storage, treatment, purification and distribution of water.
  5. Public transportation.
  6. Terminal and dock facilities and parking facilities.
  7. Such other services and facilities as may be provided for by general law.

  • III.LOCAL LEGISLATION

Although the Constitution allows for CIDs, there must be local legislation passed by the Georgia General Assembly permitting CIDs within a specified county or municipality, or both.  The first CID Act, the Cobb County Community Improvement Districts Act, was approved by the General Assembly in 1985.  Without local legislation, no CID may be established within a political subdivision of this state.


  • IV.CREATION

CIDs are actually created through the enactment by a local government(s) of a resolution, coupled with the consent of the property owners.  The first Georgia CID, the Cumberland CID, was created in 1988.  The Georgia Constitution, Article IX, Section VII, Paragraph III(b), sets forth the following conditions precedent to the creation of a CID:

  1. The adoption of a resolution consenting to the creation of the community improvement district by:
    1. The governing authority of the county if the community improvement district is located wholly within the unincorporated area of a county;
    2. The governing authority of the municipality if the community improvement district is located wholly within the incorporated area of a municipality; or
    3. The governing authorities of the county and the municipality if the community improvement district is located partially within the unincorporated area of a county and partially within the incorporated area of a municipality; and
  2. Written consent to the creation of the community improvement district by:
    1. A majority of the owners of real property within the community improvement district which will be subject to taxes, fees and assessments levied by the administrative body of the community improvement district; and
    2. The owners of real property within the community improvement district which constitutes at least 75 percent by value of all real property within the community improvement district which will be subject to taxes, fees, and assessments levied by the administrative body of the community improvement district; and for this purpose value shall be determined by the most recent approved county ad valorem tax digest.

It is important to note here that owners of real property used residentially are not included in the aforementioned calculations.  Residential properties may be included within the geographical boundaries of a CID, but don’t count for or against the percentages needed for the formation of a CID, aren’t taxed by the CID, and aren’t eligible to participate in CID governance, such as in the election of Board members.As a practical matter, the impetus for creating CIDs comes from commercial property owners, not local government.  Property owners may feel as if their area’s governmental infrastructure or services are being sufficiently funded, and may seek to invest extra taxes to cause it to happen.  It is these private property interests who typically have organized committees, hired legal counsel and administrators, and solicited the requisite number of consents from their fellow commercial property owners.A threshold question in whether to go to the effort of soliciting the written consent of property owners to form a CID is directly related to the projected revenue to be generated by a CID tax.  Will it be enough to pay for administrative expenses and fund meaningful infrastructure and service improvements desired by the property owners?The actual geographical area which defines a CID has likewise typically been determined by the organizers.  A target area is identified and commercial property owners are asked to sign consent forms agreeing to their inclusion within the district.  As a critical mass is reached, the district shape is molded so that the consent of a majority of the owners representing at least 75% of the property value is achieved.The next step is certification by the County Tax Commissioner that the percentages of approval have been reached.  Next, the County Board of Commissioners and/or City Council must pass a resolution consenting to the creation of the district.


  • V.ADMINISTRATION

A CID is administered by a Board of Directors.  The make-up of the Board is set forth in the local legislation allowing for CIDs within a jurisdiction.  There are elected board members, and appointed board members, in each district. The number of each varies as illustrated below:


  • Cobb & Gwinnett County:
    • 6 elected by property owners
      1 appointed by County
      1 appointed by each municipality in the district


  • Fulton County:
    • 5 elected by property owners
      2 appointed by County
      1 appointed by each municipality in the district


  • Atlanta:
    • 6 elected by property owners
      1 appointed by Mayor
      1 appointed by Council President
      1 serves by virtue of being chair of City Council Finance Committee


  • DeKalb County:
    • 5 elected by property owners
      2 appointed by County


Some board members are elected on ballots weighted by value of property interests, and some based upon one vote per owner, regardless of value.  Terms of office are also set by the legislation and the resolution creating the CID.


  • VI.TAXES

The CID Board of Directors raises funds by setting an ad valorem millage rate on real property, specifically excluding property used residentially.  The constitutional upper limit is 2 ½ percent of the assessed value (which is 25 mills), but at least one local CID Act (Cobb County) has placed the ceiling at 5 mills.  The millage rate is placed upon the regular tax bills sent by the Tax Commissioner, who transmits the collected taxes to the CID Board to expend in accordance with the purposes of the District.


  • VII.EXISTING CIDS


Almost all CIDs in existence are in the Atlanta area, although they may be created in other jurisdictions of the State if the local delegations pass local CID Acts in the General Assembly.  

Those created include:

  • Cumberland (Cobb County)
    Town Center (Cobb County)
    Buckhead (Atlanta)
    Downtown (Atlanta)
    Midtown (Atlanta)
    South Fulton (Fulton County, Union City, Fairburn, & Palmetto)
    North Fulton (Fulton County, Alpharetta, Roswell, & Milton)
    Fulton Perimeter (Fulton County)
    Central Perimeter (DeKalb County)
    Evermore (Gwinnett County)
    Gwinnett Place (Gwinnett County)
    Gwinnett Village (Gwinnett County)
    Lilburn (Gwinnett County)
    Fulton Industrial (Fulton County)
    Town of Braselton (Gwinnett, Hall, and Jackson Counties)
    Stone Mountain (DeKalb County)
    Tucker-Northlake (DeKalb County)
    Airport West CID (Fulton County, Atlanta, College Point, & East Point)
    Gateway Marietta CID (Marietta)
    Red Top CID (Bartow County, Emerson)
    East Metro CID (DeKalb County)
    Airport South CID (Clayton County & College Park)
    Sugarloaf CID (Gwinnett County)
    Georgia Gateway CID (Camden County)
    Canton Marketplace CID (Cherokee County)
    Little Five Points CID (DeKalb County)

The categories of CID projects which have been funded, and which are planned, vary from district to district, but include:

  • Streets, roads, intersections, and traffic signalization
    Sidewalks and trails
    Bridges
    Public Safety
    Traffic Management Association
    Shuttle System and Transit
    Streetscapes and street lights
    Sanitation



Other Areas of Experience

Additional areas of practice

In addition to the experiences as listed in the other sections, our firm has appeared in more than 1500 cases involving small business litigation; business startups and formation; business wind-downs and dissolution; federal tax matters; state revenue issues, especially sales tax and alcohol tax issues; workers' compensation proceedings on the side of the business owner; state Department of Labor and EEOC investigations.  

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