The odor of marijuana provides law enforcement the ability to search without consent and without a warrant. However, in recent years the state legislature has enacted the Georgia Hemp Farming Act (GHFA), legalizing hemp products. It is without debate that the odor of illegal marijuana and legal hemp are the same. Because of this, courts […]
Under Official Code of Georgia Annotated § 16-8-14, theft by shoplifting occurs when someone takes merchandise without paying. The person must intend to keep it or deprive the owner of its value. This includes actions like: Concealing or taking items Switching price tags or labels Putting items in different packaging Paying […]
O.C.G.A. § 16-11-39 classifies disorderly conduct as a misdemeanor offense. The law prohibits various behaviors that disturb the peace or endanger others’ safety. What Counts as Disorderly Conduct? A person commits disorderly conduct when they: Act violently or loudly in a way that makes someone fear for their safety. Behave violently in a manner that […]
Under Official Code of Georgia Annotated § 40-6-391, “a person shall not drive or be in actual physical control of any moving vehicle while under the influence of alcohol to the extent that it is less safe for the person to drive.” Accordingly, a driver may be charged with and potentially convicted of DUI even […]
The Fourth Amendment to the Constitution protects against unreasonable searches and seizures by the government. To legally seize and search personal items the government must obtain a search warrant based on a probable cause standard. While the provisions of the Fourth Amendment are clear, there are exceptions that allow the government to seize and search […]
If you drive 85 mph or faster on any road or 75 mph or faster on a two-lane highway in Cobb County, Georgia, you become a super speeder. In addition to the local fines, you must also pay a $200 super speeder fee to the Georgia Department of Driver Services (DDS). You have 90 days […]
The First Offender Act is a progressive statute implemented by the State of Georgia where a person who has never been convicted of a prior felony offense can be sentenced on a pending charge, but subsequently, have those charges sealed by the court if he/she successfully completes their First Offender sentence. According to O.C.G.A. § […]
Firing a gun in public in Atlanta is one of those situations where the legal consequences can escalate very quickly, even if no one is actually hurt. At the most basic level, the City of Atlanta has ordinances that generally prohibit discharging a firearm within city limits unless you are acting in lawful self-defense or […]
Under Official Code of Georgia Annotated § 40-6-391, “a person shall not drive or be in actual physical control of any moving vehicle while under the influence of alcohol to the extent that it is less safe for the person to drive.” Accordingly, a driver may be charged with and potentially convicted of DUI even […]
O.C.G.A. § 16-11-39 classifies disorderly conduct as a misdemeanor offense. The law prohibits various behaviors that disturb the peace or endanger others’ safety. What Counts as Disorderly Conduct? A person commits disorderly conduct when they: Act violently or loudly in a way that makes someone fear for their safety. Behave violently in a manner that […]
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