At an arraignment, the judge reads the charges against you, and you enter a guilty or not guilty plea; arraignments are also a deadline for filing pretrial motions.
The term "obstruction of justice” refers to any effort to interfere with a criminal investigation or pending case through your actions toward police officers, judges, evidence, or witnesses.
In most cases, police need a warrant to arrest you, but they can arrest you without a warrant if they clearly see you breaking the law.
Unless you are under arrest or being detained, you have the right to walk away from a police officer; to be on the safe side, you should ask if you are free to go before you start walking away.
When a judge issues a no-knock warrant, police have the right to enter your house or break into it in order to find evidence of a crime or to catch you in the act.
Illegal search and seizure, which is when police search your residence and confiscate property to use against you in court, is a violation of the Fourth Amendment; a criminal defense lawyer can help you exclude illegally obtained evidence from your case.
Most crimes that occur in Georgia are state crimes, but you can be charged with a federal crime if the alleged crime takes place on federal land, targets a federal employee, or involves interstate travel, transport, or communications.
If the police officer does not read you the Miranda warnings upon arresting you, it does not automatically mean that you are innocent, but it does mean that statements that you make before meeting with a criminal defense lawyer could be inadmissible in court.
Among the various types of drug offenses in Georgia, drug trafficking is one of the most serious. These could result in both state and federal penalties, which include heavy fines and potentially lengthy prison sentences.
If you are facing criminal charges in Georgia, contact Ghanayem & Rayasam right away. We act as strong legal advocates on your side, protecting your rights.
Shoplifting is often viewed as a relatively minor criminal offense. In fact, it is one of the most common types of theft crimes. Businesses go to great lengths to apprehend offenders, and once they do, police and prosecutors work hard to make shoplifting charges stick.
If you get pulled over by law enforcement for a suspected traffic infraction, are stopped due to outstanding warrants, or if they appear at your home, where your car is parked, they may attempt to search your vehicle.
Being charged with any type of drug crime is a serious matter that requires immediate legal representation. Penalties upon conviction have the potential to be severe. This is particularly true with felony drug charges in Georgia.
Search and seizure is a standard practice in Georgia criminal matters and allows law enforcement agencies to obtain evidence and arrest people suspected of being involved in criminal activities.
Honest, law-abiding people can find themselves on the wrong side of the law. Unfortunately, any type of criminal charge in Georgia carries potentially harsh penalties.
Getting a DUI in Georgia can have major impacts on every area of your life. The results of a breathalyzer can provide crucial evidence used in obtaining a conviction.
Criminal charges in Georgia have the potential to ruin your life. People facing this type of situation often cling to the hope that their charges will be ‘dropped,’ avoiding the need to go to court.
If you have been charged with any type of crime in Georgia, it is important to get legal help immediately.
Any type of drug crime in Georgia is a serious legal matter. Penalties are particularly harsh when it comes to drug trafficking
When you first learn about the Bill of Rights in middle school social studies class, the Fifth Amendment seems like the most useless amendment.
Before the police can search private property, including residences backpacks, they need probable cause, plus either a search warrant, consent, a clear view of the evidence, or circumstances in which delaying the search for the time necessary to obtain the warrant would be a threat to public safety or the judicial process.
If you took out a bond to regain your freedom after being arrested, you might feel as though you are free to live life as usual.
If you face charges for shoplifting in Georgia, it is crucial to fight them. Just because you have been accused of shoplifting does not mean that you have to be convicted of shoplifting.
People often mistakenly believe that domestic violence is always a black-and-white issue.
If you are facing drug charges in Georgia, you may be concerned about the severity of the sentence that you are facing.
Are you facing criminal charges in Georgia? If so, you may be feeling anxious about what comes next.
Do you know what fraud means? Most people have some idea what the term “fraud” means, such as calling someone a fraud when they are misrepresenting their identity, skills, or credentials.
Shoplifting may seem like a victimless crime, but it is certainly not seen like that in the eyes of the law.
You have heard about body cams, but do they come into play in court?
DUIs are no joke. If you are pulled over on suspicion of DUI, chances are you will have a million thoughts racing through your head and it can be hard to know exactly what to say or do in the moment.
If you are facing a felony drug charge in Georgia, you will want to know about drug court.
If you have been charged with a crime in Georgia, you are likely motivated to get out of jail as quickly as possible.
We generally think of the division between juveniles and adults as pretty black and white.
You have likely seen extortion feature prominently in thrilling movie plots, but it is far less entertaining when you are charged with having committed it.
Has your child been charged with Minor in Possession of Alcohol (MIP) in Georgia? There are few things more stressful or frustrating than realizing that a single mistake could cost them a shot at college and throw off the trajectory of their life.
A bench warrant is essentially a warrant that gives police permission to bring you to jail because you missed a court date (i.e., did not show up to the bench) or have something else to answer for.
If you have been charged with a crime, you may expect the next stop to be a trial where your fate is placed in the hands of a jury.
Chances are that you hear the term “self-defense” used a lot in the course of normal conversation and in the media, but what does it really mean and when does it apply?
When you have been convicted of a crime and served your time for it, your next question may be how you can get it removed from your record.
How can a prosecutor convict a person of drug trafficking? What evidence is needed?
There are a number of reasons law enforcement may not show up to the scene after you report an accident. A serious crime may have happened that they are investigating, or a major weather event, such as a hurricane, may make it impossible for police to get to the scene.
You got a DUI after celebrating your 21st birthday. Decades later, it is still on your criminal record
All criminal offenses are taken very seriously in Georgia, but some are considered more serious than others. An indictment occurs at one of the highest, and therefore most severe, levels of the criminal justice system.
You are recording a police officer, but they object. What are your legal rights?
Certain criminal records can be sealed or hidden so that others cannot see them—this is called record restriction. For example, if you were arrested for a crime and then have the record restricted, employers and others would not be able to see the arrest record as part of your criminal background.
Missing your court date is something that you should try very hard to avoid. If you do miss your court date, it is possible that a bench warrant for your arrest could be issued.
Throughout the criminal process, defendants have many legal rights that are protected by the U.S. Constitution, statutes, and case law. One right is the right to a Miranda Warning—sometimes referred to as Miranda Rights.
Most people get pulled over at some point in their life. It might be for something minor—such as a broken taillight—or something more serious, such as excessive speeding or suspicions of drunk driving.
You are probably family with the term “warrant,” and likely know that in most cases, police need a warrant to make an arrest or conduct a search of your property. But did you know that there are different types of warrants?
While extortion is considered a white-collar crime in Georgia, it is taken very seriously and can be harshly penalized. If you are facing extortion charges, it is important that you understand your rights and hire an attorney as soon as possible.
There are many reasons a warrant may be issued for your arrest. You may have failed to appear in court, or law enforcement may have laid charges against you, but they are unable to find you.
Bench warrants are documents issued by the court or a judge that allows law enforcement to arrest and detain any person that failed to appear in court.
If you have been charged with drug trafficking, you may think the situation is hopeless. Drug trafficking charges are taken seriously by the state prosecution and law enforcement, and many people are held without a chance of bail or bond at first.
Drug trafficking charges only apply when the defendant transports controlled substances across county lines; distribution charges can apply simply because a search of the defendant’s property yielded a large quantity of illegal drugs.
Under Georgia law, there are many different types of illegal drugs and they are divided into classifications known as schedules.
When a judge sentences you to probation, it is easy to feel like you have dodged a bullet, especially when the other option was jail or prison.
Bench warrants based on a failure to appear in court are handled differently depending on the jurisdiction that is handling your case.
Every year, thousands of people are arrested and many of them have never been in this situation before. Being arrested or charged with a crime is very scary and if it happens to you, it is normal to have concerns about your future.
Although in-person hearings and trials are back in session, the courts are still dealing with a backlog of cases, and the courts are constantly adapting to the changing COVID safety guidelines, so defendants must partner with their lawyers to cope with the unexpected and stand up for their rights.
If police have probable cause to search your car or clothing for weapons or other illegal items, they have the right to conduct certain types of searches without a warrant; if you get arrested because of a warrantless search, your lawyer may be able to get the charges dropped by proving that the police violated your rights.
You cannot be convicted of a violent crime, including domestic violence, if you show evidence that you only committed the violent act to protect yourself or another person from an immediate threat of physical violence.
You can get criminal charges if you intentionally destroy evidence that would help the prosecution or defense in a criminal case or if you plant evidence with the intention of making an innocent person appear guilty.
Georgia law defines hit-and-run as leaving the scene of a motor vehicle accident involving property damage or personal injuries without first identifying yourself to the other driver or to the police.
Some constitutional rights, such as the First Amendment right to free speech and freedom of religion, affect our everyday lives; people rarely face criminal charges for controversial speech
Georgia Senate Bill 105 would automatically make people who have completed three years of felony probation sentences and reached certain milestones eligible for an early termination of probation hearing.
The new law would allow 30 cannabis dispensaries in Georgia to distribute products containing up to 5% THC and would expand cannabis research at some universities in the state.
A new bill in Georgia proposes license suspensions and hefty fines for “reckless stunt driving,” but critics fear that it is just another excuse for the state to prey on Black and Latino men.
Being incarcerated is a traumatic experience, and being on probation is no fun, either. The punishment does not end after you finish your sentence, though. You can enjoy home cooking and your favorite restaurants after getting out of jail
Teenagers who exchange sexually explicit images via mobile device can face misdemeanor or felony charges, but the penalties vary according to the ages of the parties involved and depend on issues of consent.
Beginning in 2023, 17-year-olds charged with most crimes will go through rehabilitative programs administered by the Department of Juvenile Justice, instead of being charged as adults.
Everyone is broke; most people cannot afford a $400 emergency expense. Blame does not rest solely with the pandemic, low wages, or the high cost of healthcare and other necessities.
Gov. Kemp signed into law a bill abolishing citizen’s arrest, a practice which the men who pursued and killed Ahmaud Arbery will likely cite in their defense, and which criminal justice reform advocates say should have been abolished decades ago.
If you plead guilty to a crime and avoid jail time, you have avoided the worst-case scenario in the short term; you do not have to worry about bullying by fellow inmates or abuse by guards, and you do not have to wait until your sentence is over to eat home-cooked meals or your favorite convenience store snacks.
Until recently, driving at excessive speeds could only get you a traffic ticket, unless you caused an accident or injured someone.
Assault is an attempt to cause bodily harm; if the victim could have a reasonable fear that the defendant’s actions would kill the victim, such as if the defendant was using a deadly weapon, then the charges are for aggravated assault.
Whether tax evasion is a misdemeanor or a felony depends on the amount of money you would have owed if you had filed a correctly completed income tax return; you can get felony charges if the amount is more than $3,000.
Voluntary manslaughter means killing someone intentionally, although the killing was not premeditated
For arrests that happened after July 1, 2013, many criminal records automatically get restricted (formerly known as expungement) after anywhere from two to seven years.
A white-collar crime lawyer helps you exercise your constitutional rights when you face criminal charges for insider trading, embezzlement, money laundering, identity fraud, or any other financial crime.
White-collar crimes are financial crimes that often involve a detailed plan to deceive the victims; the penalties vary according to the complexity of the crime and the amount stolen.
According to Georgia law, you may possess up to 20 fluid ounces of CBD oil, but only if you have a qualifying medical condition, and only if the THC content of the oil is less than 0.3%.
It is possible to get jail time for tax fraud, even when it is charged as a misdemeanor, but in practice, most people sentenced to incarceration for tax-related crimes have been convicted of lying to the IRS about large sums of money.
For a while in Georgia, criminal cases were put on hold. The courts closed down, and any necessary actions were undertaken online - a process that was critiqued.
For a while in Georgia, criminal cases were put on hold. The courts closed down, and any necessary actions were undertaken online - a process that was critiqued.
The threat of being exposed to the coronavirus and contracting COVID-19 is very real. It is also scary; there have been nearly a million deaths from the disease worldwide and many of those who have contracted the disease and survived are still suffering complications.
Making routine traffic stops when drivers are performing illegal maneuvers is part of a police officer’s job. As part of those routine stops, a police officer may have cause to conduct a vehicle search.
Georgia law allows a person, including a police officer to use deadly force only if the officer reasonably believes that doing so is the only way to prevent death or serious injury to the officer or to third parties.
The bill treats crimes targeting law enforcement officers for harassment and violence similarly to hate crimes, but some critics of the proposed legislation say that police already have enough legal protections.
Possession of any amount of a high-THC cannabis concentrate, such as hash or shatter, is a felony in Georgia, and so is possession of large quantities of marijuana flowers.
You have the right to defend yourself against physical attacks, but resisting arrest is a crime, so if a police officer threatens or bullies you, the place to defend yourself is in the courtroom, not with your fists.
Critics argue that the law violates the right to due process and that it has been used as a catch-all excuse for violence against Black people, but if Georgia’s citizen’s arrest law is repealed, you will still have the right to temporarily detain a person if you catch him or her in the act of stealing from your home, vehicle, or business.
Georgia law protects you from criminal penalties if you seek medical help for a drug overdose. Opioid drug overdoses are reversible.
Some plaintiffs have successfully sued police departments for damages after a destructive search that did not yield any illegal items, but these cases are hard to win unless you have a lawyer.
Georgia police have been using the “reckless conduct” charge in an increasing number of coronavirus-related incidents during the COVID-19 pandemic.
Are you breaking the law by wearing a face mask during the COVID-19 pandemic? Is it actually illegal to appear in public wearing a face mask in Georgia? Up until recently, yes, it was actually against the law to wear a mask in public, though many were not aware of this.
U.S. Department of Justice warned that individuals who intentionally spread COVID-19 or threaten to do so could face terrorism charges. CNN cited a DOJ memorandum, in which the department warned Americans against purposefully spreading the deadly virus or threatening to transmit the disease.
Victims of domestic abuse have found themselves trapped at home with their abusers during Georgia’s shelter-in-place order. While domestic violence survivors are at a higher risk for re-assault during the COVID-19 pandemic, Georgia’s courts have dramatically reduced the number of restraining orders they are processing.
Countries around the globe are adopting harsh measures to curb the spread of the coronavirus disease (COVID-19), which has killed nearly 15,000 worldwide as of March 22.
Atlanta has seen a 22% increase in thefts from autos and car break-ins so far this year. According to the Atlanta Journal-Constitution, the Atlanta Police Department is investigating about 200 cases of larceny from vehicles each week.
As an ongoing attempt to reform the criminal justice system, Atlanta Mayor Keisha Lance Bottoms announced at the end of December 2019 that she was going to start limiting access to records involving low level marijuana offenses.
Recently, Atlanta police chief Erika Shields announced that law enforcement officers in the city would no longer chase people if they drove away in a vehicle.
Non-consensual porn (NCP), otherwise known as ‘revenge porn’, involves sharing intimate images online without the other party’s consent. In addition to causing major damage to the victim’s relationships and their professional reputation, the public humiliation and violation of their privacy can threaten their physical and emotional health. Unfortunately, once these images are online, they are impossible to completely erase.
Since the HIV and AIDS epidemic erupted over 30 years ago, there has been a lot of controversy surrounding the virus and the disease. Many states have enacted laws that make it a crime for someone to transfer a sexually transmitted disease to another person, such as through sexual intercourse.
If you have been the victim of extortion, you have likely suddenly found yourself in a situation in which you never thought you would be. Our Atlanta criminal defense attorneys are here to help.
Todd Chrisley finds himself in another legal battle and this time, it is with his daughter, Lindsie Chrisley. Lindsie has attempted to bring charges against Todd and her brother, Chase, stating the two have attempted to extort her.
As many states around the country have started to relax their laws on marijuana as early as 2012, Georgia seemed to hold firm in its prohibition. However, over recent years, more and more counties within the state have started to also relax their laws.
While the Fourth Amendment protects all Americans from an unlawful search and seizure, there are instances in which law enforcement can search a person or vehicle without first obtaining a warrant.
The legal status of marijuana varies from state to state. This creates confusion over what is legal and what is not. Cannabidiol (CBD) is a substance derived from the cannabis plant. It is hailed by medical professionals as being able to treat pain, inflammation, and other symptoms of potentially serious health conditions.
As Georgia’s crime rate continues to surge above national averages, law enforcement officials in Atlanta and throughout the state have gotten more aggressive in apprehending offenders. Police in Fulton County and other communities are increasingly relying on digital technology to supplement their own investigative efforts.
Prostitution is rampant in Georgia and throughout the United States. When it involves two consenting adults, the fact that it is a business transaction and money is exchanged between them makes prostitution illegal. Human trafficking is a more serious category of sex crime, as it forces and coerces women and children to engage in these activities against their will.
For most people, having a valid driver's license plays a vital role in every area of life. It enables you to work, go to school, run important errands, and take care of family members and friends.
More and more states are legalizing marijuana for medical use. A few have gone so far as to make it legal for recreational use, as well. However, Georgia has some of the strictest laws in the country when it comes to marijuana.
As of 2018, there are more than 20 individual rights spelled out in the U.S. Constitution that protect criminals, while there are zero that protect the rights of crime victims and their family members. Every state constitution also defines protections to which criminals are entitled, while nearly a third still define zero rights for victims.
With an ever-growing crime rate, more and more people require the services of a lawyer these days. A good lawyer is essential when you are in the middle of a case where everything it is at stake.
Success or can say victory in any race comes when you put your best leg forward. This is exactly what Atlanta criminal attorney widely known in the society.
The world is witnessing an ever-growing crime rate and the law and order department is geared to take criminals off the road. But while doing so, many times innocent people get caught in the frenzy and get embroiled in a criminal case where they are not at all guilty.
Atlanta, the capital city of Georgia, houses some of the best Criminal Lawyers.
In this time and day, there are thousands of law firms which have adopted the technological way of settling disputes. The best part is, this technology is the gateway to a win-win situation.
Have you ever been accused of a crime? In Cobb County, people are accused, suspected or charged with different crimes every single day.
A majority of the legal issues we face are not expected. Therefore, you need the best Atlanta criminal lawyer to solve it quickly.
Shoplifting offences can have grave consequences that affect someone for a very long time. That’s why you need to treat a shoplifting case with the aggression and seriousness that any other criminal offence desires.
Choosing a good felony lawyer for yourself or your family member can make a difference that changes your life forever. If you have been charged with felony Atlanta<
In a case of rape there is always distress and alarm whether you are the victim or the accused. When you are accused of a crime that you have not committed then definitely you will be in distress.
Domestic violence is a grave issue that is not taken lightly in Atlanta. When someone files a domestic violence accusation, the police will be involved in most cases, and the culprit will be arrested.
If accused of committing a crime, it is possible that you do not know your rights. A Clayton criminal lawyer can defend you and ensure protection of your rights as well during this harrowing time.
When you are facing a criminal charge, you need to seek the services of a Gwinnett criminal attorney. It really does not matter
When the police arrest you for a crime, you know that you are in trouble. Your freedom is in jeopardy because you are at risk of jail time. Criminal convictions end up with a criminal record meaning that this will affect your ability to find employment. You may also b
Finding a good criminal lawyer to represent you in Atlanta can be quite difficult and expensive as well. Criminal law is one of the many branches of legal practice. You can choose just any lawyer to represent you in court but it is quite obvious what the effects of th
When you face a criminal charge, hiring an Atlanta criminal defense lawyer is of utmost importance. You need to have someone who knows his way around the system and is trustworthy. Unfortunately, there are attorneys who are unethical. Here are some of
If you are facing a criminal charge, you need a proper defense strategy. Criminal charges, no matter how minor they might seem, could severely tarnish your reputation. Certain criminal charges also carry a mandatory prison punishment and monetary fine. A little ignora