OPEN CONTAINER LAW IN GEORGIA
Blog
THE 3 TYPES OF BATTERY IN GEORGIA
Many people might assume battery is just a physical
altercation where somebody gets beat up. Common examples that come to mind may
include a bar fight, domestic violence, or a fight at a sporting event.
In the eyes of the law, however, the definition of battery is
much broader and has multiple ...
Addiction and Mental Health Resources
The criminal justice system can be both harsh and lenient, depending on the particular situation. Showing that someone is attempting to better themselves and change things about themselves so that they will not offend again can go a long way towards garnering the goodwill of the court. This is espe...
HAVE YOU BEEN CHARGED WITH ARMED ROBBERY IN GEORGIA?
Popular Atlanta restaurant, Fellini’s Pizza,
was recently robbed at gunpoint. Two men walked into the establishment on
McClendon Avenue, entering from different doors. According to the police
report, they pointed guns at the employees and ordered them to lie on the
floor. An employee was, unfortu...
PROBATION & PROBATION VIOLATIONS IN GEORGIA
Everyone, in general terms, has an idea of what probation is—a mechanism within the criminal justice system that allows a person convicted of a crime to avoid jail time or a prison sentence. Which includes convictions for misdemeanor and felony offenses. No one wants to spend time behind bars and...
PUBLIC INDECENCY CHARGE IN GEORGIA?
Years ago, a good friend
of mine moved to New York. Within her first week there she experienced an
unfortunate incident. She’d left her car in storage down South and had resigned
herself to riding public transportation for her time there. She was thrilled to
be in the “big” city and to experi...
WHAT’S THE DIFFERENCE BETWEEN AGGRAVATED SEXUAL BATTERY & SEXUAL BATTERY IN GEORGIA?
Have you been charged with aggravated sexual
battery? And, if so, are you having trouble understanding the difference
between sexual battery vs. aggravated sexual battery? Or, why a sexual battery
charge might be elevated to an aggravated sexual battery charge? Well, we are here
to help you und...
INTERFERENCE WITH CUSTODY IS A CRIMINAL OFFENSE IN GEORGIA
Going through a divorce can be tough for all
parties and things can get right down nasty—especially when minor children are
involved. One parent may want full custody and the other joint custody.
Deciding who gets the kids on what holiday or how many weeks during the summer
can all be contentious...
A CRIME OF OPPORTUNITY: CASH STORM ON I-285
If you didn’t hear about the cash storm on I-285 back in July, I am going to guess you’ve been living under the proverbial rock. It was literally raining money! Dozens of Atlanta drivers pulled over on the highway to catch the flying cash after a door swung open on an armored truck, spilling cl...
So What’s Evidence?
Whether it was the
popular podcast Serial or Netflix's Making a Murderer,
the interest in the true crime genre has exploded and won't be letting up
anytime soon. We continue to be obsessed and entertained with crime, the
criminals who commit it and their journey through the criminal ...
WHAT IS A PRELIMINARY HEARING?
There are many stages of a case—the first being that of a preliminary hearing. The purpose of a preliminary hearing is to determine whether there is sufficient probable cause to believe the defendant committed the crime(s) in the alleged warrant issued against him or her. The "... purpose of a co...
KIDNAPPING: A SERIOUS FELONY IN GEORGIA
Once upon a time, there used to be a huge cork board hanging in the entrance of most Walmart stores. I remember seeing them as a child. The boards were not filled with advertisements for movers, garage sales or photos of lost pets. The board was filled with photos of missing children. It was a frig...
UPSKIRT PHOTOS ARE FELONIES IN GEORGIA
According to the AJC, an Acworth man was recently arrested for taking an upskirt photo of a woman as she shopped at a Publix supermarket. The woman reportedly told officers that she noticed a "suspicious male taking a photograph with his phone, from underneath her dress." She then contacted store m...
SLIDER CRIMES: A NEW TYPE OF THEFT CRIME IN GEORGIA
There has been a recent rash of crimes near Georgia Tech's campus lately. Earlier this month, a woman pumping gas at the Shell gas station off of 14th Street and Northside Drive was robbed at gunpoint by four men whom are still at large. It was 6:30 p.m., still daylight outside when a Maroon Kia Op...
RETROACTIVE FIRST OFFENDER IN GEORGIA
Were you convicted of a felony but later found out that you were entitled to plead guilty or nolo contendere under Georgia's First Offender Act? Maybe you were not informed by your attorney of the availability of the First Offender Act program. Or, unfortunately, you may not have even had represent...
When Can You Exclude Relevant Evidence?
The Federal Rules of Evidence govern the admission of evidence in the federal court system. While each state has its own rules of evidence, they are similar—if not the same—as the federal rules. The first hurdle to get over in regards to the admissibility of evidence is determining its relevanc...
PRO SE DEFENDANTS: FARETTA & THE RIGHT TO SELF-REPRESENTATION
It's
been said once, twice and many times over: "One who is his own lawyer has
a fool for a client." However, no matter what the old adage says, every
American citizen not only has the right to be represented by counsel, but also
has the right to represent himself or herself in court. Otherwise, kn...
EXTRADITION IN GEORGIA
You've spent four days in county jail for public intoxication. It's a
minor, first-time offense for you. And, luckily, on your court date the
prosecutor is in a good mood and agrees to time served and a fine. You'll still
have to plead guilty and have a conviction on your record, but you're going
h...
GCIC & NCIC: STATE AND NATIONAL CRIMINAL DATABASES
We’ve all been pulled over by the police before—at
least most of us. If you haven’t then you are a unicorn! Such a traffic stop
usually involves an officer requesting to see your license and registration
before heading back to his or her police cruiser with your information in hand.
And, does...
WHAT HAPPENS WHEN THE WITNESS IN YOUR CASE IS A NO SHOW?
To a prosecutor’s dismay, witnesses in a criminal
trial don’t always cooperative. A prosecutor’s worst nightmare—besides losing a
case—is when a witness for the prosecution takes the stand and surprisingly
testifies in favor of the defendant. It just doesn’t happen in the movies! It
doe...