Georgia Recidivist Statute
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I often tell my clients that your criminal history is your resume. If you are constantly getting in trouble with the law, your criminal record will follow you like a shadow. Even crimes that happened 10 years ago will still haunt you today. This is especially true with the enactment of the Georgia R...
When you get accused of a crime, the state is legally obligated to bring the charges against you within the specified Statute of Limitations (SOL). SOL is a law which forbids the state from charging someone after a number of specified years have passed. Most crimes have a SOL while other crimes...
What is a Pre-Trial Diversion program?
Getting arrested is scary, especially getting arrested for something petty. Don’t panic too much, there are programs for certain defendants that can completely expunge that particular arrest off your record. These programs are called Pre-Trial Diversion or ...
What is a lesser included offense?
A lesser included offense can be a defendant’s best friend, or worst enemy. A lesser included offense is a lesser offense than the original offense charged. Lesser offenses usually have a lesser sentence than the original offense. In Georgia, there are two types...
In the wake of the recent tragedies that have taken place over America by the use of guns, and all the animosity that gun laws have created, why not dedicate this article to Georgia Gun Laws titled "Georgia Firearms and Weapons Act." This article will discuss what a firearm is, who can carry a firea...
My property got taken by Police and I want to get it back, NOW!
Asset forfeiture allows the government to legally take your illegal assets once you have been convicted (and sometimes not even convicted) of a crime; i.e. take your money from you and spend it themselves. Asset forfeiture can oc...
Summary of Olevik V. State:
Olevik v. State, S17A0738 (10/16/17), is a Supreme Court of Georgia case that changed the way DUI are investigated. In Olevik, appellant was convicted of DUI, failure to maintain lane and no brake lights. He contended that the trial court erred in denying his mot...
Can the Police search me without a Warrant?
The Fourth Amendment provides the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures. The Constitution of the United States as well as the Georgia Constitution forbids not all searches...
What is the Doctrine of Merger?
The doctrine of merger applies in a criminal setting where the defendant committed two or more crimes in a single act, but is only charged with one crime. Essentially, the multiple instances are "merged" by a judge, or combined into a single charge. According to the ...
I’ve been charged with disorderly conduct, what shall I do?
In Georgia, prosecutors use disorderly conduct charges for a wide variety of conduct. Most city law, as well as the state law provide for disorderly conduct as a criminal offense. Depending on whether the charge is under the city or stat...
With car sharing apps like Uber and Lyft, why are people still getting caught driving under the influence? It literally makes no sense. However, because drunk driving is still trending around Georgia we will dedicate an article to DUI’s in Georgia, new case law that has changed the shape of DUI’...
Drug offenses are not taken lightly in Georgia. There is a long history of being "tough on drugs" since the 1980s. There are police units that are specifically dedicated to catching people in possession or distributing illegal. Many of legal experts, like us here at Bixon Law, are fighting for a red...
So you are here because you either violated your probation, or you know someone who has. So what next? First calm down, a probation revocation does not automatically mean you will be sent to jail. Let’s read about what a probation revocation hearing is and how we can handle one.
What are the diff...
In Georgia, you can be criminally penalized for damage to property. Different factors including the seriousness of the offense, the danger caused by this action, and the amount of damage determine the specific criminal charge and possible penalties that one may be faced with.
What is c...
Distinction Between Affray, Riot, and Inciting a Riot!
There are many ways to violate the law in Georgia. For instance, did you know that if you are in a public place, fighting, you may be charged not only with assault and battery, but with affray as well? In Georgia, police officers and prosecutor...
Kidnapping is an aggressive form of false imprisonment; generally defined as the unwanted taking away or transportation of an individual against their will. There are different circumstances where Kidnapping can be as small as a non-custodial parent coming and taking their child from school without ...
The last place anyone wants to find themselves is locked up. But if it happens, the first thing you want to do is get out. But how? If you are arrested for a felony or misdemeanor in Georgia, you are entitled a bond hearing to determine if bond will be set. O.C.G.A. § 17-6-1. Oftentimes, the accuse...
Sexual Battery
Sexual Battery is a very serious offense in Georgia. Depending on the victim, penalties for a violation of the Georgia Sexual Battery statute may be severe and prosecuted aggressively. Knowing how to proceed effectively against a violation of the Georgia Sexual Battery statute is impo...
What does it mean to bind a case over?
Many state level misdemeanors like traffic citations, driving under the influence (DUIs), and other state level misdemeanor crimes such as Shoplifting, Possession of Marijuana (Less than 1 oz.), Criminal Trespass, and more, originate in the Municipal Court of ...