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2021 Archives

What is the Difference Between Drug Trafficking and Drug Distribution?

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.

What is the Penalty for Unlawful Possession of Prescription Drugs?

Under Georgia law, there are many different types of illegal drugs and they are divided into classifications known as schedules.

What are the Consequences for Violating Probation in GA?

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.

Can a Warrant be Removed?

Bench warrants based on a failure to appear in court are handled differently depending on the jurisdiction that is handling your case.

Can First Time Offenses be Deferred?

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.

Did the Pandemic Mess With Your Court Date?

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.

Do Police Always Require a Warrant to Search Me or My Car?

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.

Can Domestic Violence be a Form of Self Defense?

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.

What Does it Mean to Tamper with Evidence?

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.

How is a Hit-and-Run Defined in GA?

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.

Felonies and the Second Amendment

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

New GA Law Makes it Possible for Residents on Probation to Receive Early Release

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.

Medical Marijuana Laws Looking to Expand With New Bill

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.

Street Racing Faces New Bill in GA

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.

Second Chance Act: What is it and How Does it Help Me?

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

Penalties for Underage Sexting

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.

GA to Raise Juvenile Crime Age Limits

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.

Is Your Probation Eligible for Early Termination?

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.

Citizen’s Arrest Law Abolished in GA

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.

What is SB 288 and How Does it Affect My Record?

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.

New Georgia Law Cracking Down on Street Racers

Until recently, driving at excessive speeds could only get you a traffic ticket, unless you caused an accident or injured someone.

What Changes Assault to Aggravated Assault?

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.

Is Tax Evasion a Felony or a Misdemeanor?

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.

The Difference Between Voluntary and Involuntary Manslaughter

Voluntary manslaughter means killing someone intentionally, although the killing was not premeditated

How Long Does it Take to Get a Criminal Record Expunged?

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.

What Does a White-Collar Crime Lawyer Do?

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.

What is Defined as a White-Collar 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.

Is CBD Oil Legal in GA?

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%.

Do People Get Jail Time for Tax Fraud?

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.

Is it Obstruction Against a Police Officer or Obstruction of Justice?

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.