After the accused has been arrested for a DUI, if one of the following occurred, the accused MUST send the 30-day appeal letter to attempt to save his/her driver’s license: After the accused has been arrested, an officer on scene read him/her the correct “Implied Consent” notice and he/she refused to comply with either a […]
In Georgia, a driver’s license will be automatically suspended if engaged in serious traffic violations. Therefore, a DUI does not accumulate any points on your driving record, also called a Motor Vehicle Report (MVR) but carries immediate consequences. For a first DUI conviction (for drivers over the age of 21), your license will be suspended […]
According to O.C.G.A. § 40-6-251, laying drag is defined as operating a vehicle “in such a manner as to create a danger to persons or property by intentionally and unnecessarily causing the vehicle to move in a zigzag or circular course or to gyrate or spin around.” There are two exceptions to this law: (1) […]
As an affirmative defense, the fact that a person’s conduct is justified under the law is a defense to prosecution for any crime based on that conduct. The defense of justification can be claimed: (1) When the person’s conduct is justified under Code Section 16-3-21, 16-3-23, 16-3-24, 16-3-25, or 16-3-26; (2) When the person’s conduct […]
A conviction for Family Violence Battery in Georgia can have consequences that go far beyond a conviction for other misdemeanors. For some clients, this is their first interaction with law enforcement and their concerns include: jail time, a permanent mark on their criminal history , and the possibility of trial. All these concerns are very […]
When a person traveling to Atlanta is charged with trafficking marijuana at the Atlanta airport the first concern is going to be how to get a bond to get the person charged with trafficking marijuana at the Atlanta airport out of jail as soon as possible. Another question is, how much will my bond be […]
Rape is a serious crime in Dekalb County. O.C.G.A. § 16-6-1 defines rape as follows: A person commits the offense of rape when he has carnal knowledge of: A female forcibly and against her will or: A female who is less than ten years of age. Carnal knowledge in rape occurs when there is any […]
When a person traveling to Atlanta is charged with trafficking marijuana at the Atlanta airport the first concern is going to be how to get a bond to get the person charged with trafficking marijuana at the Atlanta airport out of jail as soon as possible. Another question is, how much will my bond be […]
An “initial appearance” is an accused’s first face-to-face encounter with a judge after arrest. The purpose of an initial appearance is to inform the accused of the nature of the charges and advise him/her of their basic rights. The initial appearance may also serve as a probable cause hearing if the person was arrested without […]
This blog article serves to answer one simple question: what are the prerequisites for a voluntary guilty plea? A judge shall not accept a plea of guilty without first determining the plea was entered voluntarily. Uniform Rules of Superior Court 33.7; Williams v. State, 221 Ga. App. 291 (1996). To establish voluntariness, judges […]
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