A practicing attorney since 1985, Michael Kennedy McIntyre works with the Georgia-based law firm Michael Kennedy McIntyre & Associates. The work at Michael Kennedy McIntyre & Associates is focused specifically on assisting clients who need criminal post-conviction representation. In the State of Georgia, any offender that is serving a felony sentence and eligible for parole is automatically considered at their parole eligibility date. It is not necessary to apply for parole. Most offenders who are eligible for parole consideration and are not serving a life sentence, are eligible for parole consideration upon serving one-third of their prison sentence, though it is very rare that parole is granted on that exact date. In Georgia, offenders do not go before the Parole Board to plead their case, as no formal parole hearings are held before decisions are made. Instead, the Parole Board members individually consider each eligible offender before casting a vote. The Parole Board can make a decision to parole an offender on a tentative parole date or a decision to deny parole. If parole is denied or if the tentative parole release date is more than 5 years away, the inmate is automatically reconsidered at least every 5 years.
Michael McIntyre founded Michael Kennedy McIntyre & Associates in Atlanta, Georgia, in 1985. The firm focuses exclusively in the field of postconviction representation. Part of the firm’s representation of its clients is to stay educated regarding any facility changes within the Department of Corrections. One of the most recent facility changes through the Georgia Department of Corrections is the opening of the Metro Reentry Facility.
Metro Reentry Facility in Atlanta, Georgia originally opened in 1980 as Metro State Prison, a facility for male offenders. Metro State Prison switched to all female offenders in 1993 until it closed in 2011. As part of Governor Nathan Deal’s Criminal Justice reform platform, Metro State Prison was repurposed and re-established as Metro Reentry Facility. In August 2018, the Georgia Department of Corrections opened the Metro Reentry Facility. The facility is a transitional state prison for offenders scheduled for release within 18 months. The offenders are referred to as returning citizens at the Metro Reentry Facility. The returning citizens receive intensive counseling, vocational training and housing support in hopes that they will increase their chance of success on parole. The program is targeted to offenders who will be released into the Metro Atlanta counties of Clayton, Cobb, Dekalb, Fulton and Gwinnett. The facility utilizes evidence-based practices and community collaboration to address all barriers for the returning citizens’ successful reentry back into society. Currently, the facility houses approximately 355 offenders and the population will increase to 800 when additional dorm renovations are complete.
Attorney Michael Kennedy McIntyre founded McIntyre & Associates in 1985. Representing clients in post-conviction cases, McIntyre & Associates help people secure release from confinement through a number of post-conviction options including habeas corpus petitions. Habeas corpus, a writ guaranteed by the Georgia Constitution, is a court-issued relief available to people who prove they have been unlawfully detained. Habeas corpus petitions can be filed in extradition cases, pretrial confinement cases, and post-conviction cases, but the vast majority of petitions are filed in post-conviction cases. A post-conviction habeas corpus petition is filed as a civil action in a superior court. The petitioner contends that he or she is held unlawfully as a result of a sentence imposed following a denial or violation of the petitioner’s constitutional rights during a trial, a guilty plea hearing, or sentencing. In Georgia, the venue for hearing the petition is in the county where the petitioner is detained. If the petitioner is detained in another state, the petition is heard in the county where the conviction was imposed.
Michael Kennedy McIntyre has practiced as an attorney at Atlanta, Georgia’s Michael Kennedy McIntyre & Associates since 1985. The firm practices exclusively in the field of criminal postconviction representation. In addition to representing offenders who are currently incarcerated, McIntyre & Associates also represents offenders who have been released from prison but have various restrictions placed on their lives.
In the United States, individuals released from prison face a number of legal restrictions, though the extent and precise nature of these restrictions vary from state to state. Convicted felons are prohibited from holding public office in many states. The severity of a person’s offense can determine whether or not they can run for office, and in some states this right is reinstated after a certain period of time, such as one decade after the completion of a served sentence.
Serving on a jury is another activity felons are barred from engaging in in numerous states. Similar to running for office, many states allow an individual to reclaim this right after a predetermined period of time. A few additional restrictions placed on convicted felons include suspension of voting rights and added challenges or a denial of international travel and joining the military.
Any individual who is concerned about the restrictions they may face after serving a criminal sentence, or who would like to learn about alleviating some of these restrictions, should reach out to a local attorney experienced in areas of criminal rights and postconviction representation.