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 […]
If you’re staring at a drug possession charge in Atlanta, Fulton County, or anywhere in Georgia, you’re probably thinking one thing: “How screwed am I?” The short answer: It depends. But the system is harsher than most people realize — and the DA isn’t volunteering the escape hatches. I’m Scott Smith, a criminal defense lawyer […]
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 […]
If you drive 85 mph or faster on any road or 75 mph or faster on a two-lane highway in Marietta, 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 from […]
In Georgia, the law on turn signals during a lane change is more nuanced than many drivers know. Under O.C.G.A. § 40-6-123, signaling is not automatically required every time a driver changes lane. Instead, the duty to signal arises only when another vehicle “may be affected by such movement.” The statute itself reflects a practical, […]
In Georgia, if a person is driving on a suspended license, he/she may face jail time, probation, as well as monetary fines. If the accused is found guilty of driving while his/her license is suspended, the accused will be charged with a misdemeanor, as long as it is his/her first offense within the last 5 […]
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 […]
If you drive 85 mph or faster on any road or 75 mph or faster on a two-lane highway in Smyrna, 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 from […]
Rule 24-4-404 generally prohibits the admission of evidence of a person’s character or character traits to prove that they acted in conformity with that character on a particular occasion. In simple terms, the State cannot argue: “he did it before, so he must have done it again.” This is the fundamental bar against propensity evidence. […]
Under existing federal and state law, police can conduct a warrantless search of a vehicle under specific circumstances and still comply with the provisions of the 4th amendment against unreasonable searches and seizures. This exception is known as a search incident to arrest established in Arizona v. Gant, 556. U.S. 332 (2009). Gant outlines two […]
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