Can a Jesus Malverde Statue Be Used Against Me for DUI in Forsyth County?

Posted by William H. Sherman on Mar 13, 2014 | 0 Comments

Question: I live with some friends in Cumming, Forsyth County, GA.  I work at a Mexican restaurant in the town.  When I was returning home after work I was stopped by a cop.  He saw bottles in my car of Corona and Chelada and other beer and some rolling papers.  He arrested me for DUI.  He took me to jail in Cumming.

In my car he found a small statue of Jesus Malverde, a famous man from my country.  He said the police would use it against me at trial.  Can they use that statue against me because it is just a statue and it is not bad?

Answer: We are familiar with Jesus Malverde.  Jesus Malverde is recognized as a “folk saint” by some Mexican drug traffickers.  He has gained a measure of renown and has been the subject of movies, plays and his name has been used for a Mexican beer.  A Malverde bust was even seen on an episode of the multi-award-winning AMC show "Breaking Bad."  In some parts of Mexico it is not uncommon to see shrines to him as he is thought by some to bring good luck.  Apparently the Forsyth deputy sheriff making the arrest knew of his cultural significance.

You did not mention what type of DUI you were charged with – DUI alcohol or DUI drugs.  And you just briefly touched on possible evidence against you -- the beer cans and the rolling papers.

The prosecutors will likely seek to have the statue admitted as evidence.  They will try to explain its significance and then try to impute to you knowledge of that and make an inference that the mere possession of the icon indicates that you are somehow involved in illegal activities or simply to impugn your character.  A Forsyth County DUI defense attorney will try to exclude the object because it is irrelevant and possibly highly prejudicial.

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We at the Sherman Law Group try to answer as many questions as possible on our blog.  If you have a question, email it to us and we'll do our best to answer it.  No names will be used.  Arrested for DUI? Speak to an experienced and knowledgeable Forsyth County DUI lawyer at the Sherman Law Group by calling 678-215-4106.

About the Author

William H. Sherman

With a professional background that includes serving as a Senior Assistant County Attorney and as an Assistant Attorney General, attorney William H. Sherman has great experience, a broad range of legal knowledge and a proven record of success.  Each of Mr. Sherman's clients gets the full benefit of his experience.  Because attorney Sherman has worked for governmental organizations, large corporations and clerked for a judge, he has handled a wide variety of cases from negotiation and trial to successful appeal. Mr. Sherman is very proud of his reputation as a problem-solver who is always available to his clients.  Active in the community, Mr. Sherman and his wife, attorney Valerie Sherman, support many community organizations, sports teams and charities.  Call him now and let his experience work for you.


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