If you missed a court date in the Municipal Court of Atlanta, you may now have “FTA” (Failure to Appear) status. This means you didn’t show up for your scheduled court date, and the court may have suspended your driver’s license as a result. Many people don’t realize this has happened until an officer pulls […]
Under Georgia law (O.C.G.A. 40-6-270) , a driver involved in an accident that results in injury, death, or damage to an attended vehicle must immediately stop at the scene (or as close as possible), return if necessary, and: Provide their name, address, and vehicle registration information; Display their driver’s license upon request; Render reasonable assistance […]
Under Georgia law (O.C.G.A. 40-6-270) , a driver involved in an accident that results in injury, death, or damage to an attended vehicle must immediately stop at the scene (or as close as possible), return if necessary, and: Provide their name, address, and vehicle registration information; Display their driver’s license upon request; Render reasonable assistance […]
In Clayton County, courts handle shoplifting cases in municipal, state, or superior courts. Prosecutors may charge the offense under a city ordinance, as a misdemeanor, or as a felony in serious cases. What Is Theft by Shoplifting? Under O.C.G.A. § 16-8-14, theft by shoplifting occurs when someone takes merchandise without paying. The person must intend […]
The United States Supreme Court’s decision in Rodriguez v. United States continues to provide one of the strongest Fourth Amendment protections available during traffic-stop litigation. Understanding when a lawful stop becomes an unlawful detention is essential when evaluating suppression issues. Under Rodriguez and the decision in State v. Allen, the permissible duration of a traffic […]
When someone is arrested and charged with a crime, they are often granted bond, allowing them to be released from jail while awaiting their trial. Bond is typically granted to ensure that the individual returns to court for future hearings. However, bond is not an automatic guarantee, and it can be revoked under certain circumstances. […]
In Georgia, a Family Violence Battery charge is generally a misdemeanor the first time someone is convicted. However, if a person has a prior conviction for Family Violence Battery, a second or subsequent conviction can be prosecuted as a felony. The difference is significant. A first conviction is typically handled in misdemeanor court and carries […]
Family Violence Battery is defined in O.C.G.A. 16-5-23.1 as intentionally causing substantial physical harm or visible bodily harm to another person who are: Spouses or former spouses; Individuals who have a child together; Parents and children; Step-parents and step-children; Foster-parents and foster-children; and Individuals living or formerly living in the same household. The State of […]
Most Georgia drivers know they can be ticketed for speeding. What surprises many people is that you can also be pulled over for driving too slowly — even if you are technically obeying the speed limit. Georgia’s so-called “Slow Poke” law has become one of the more commonly enforced traffic laws on major highways throughout […]
Below are common conditions that may be imposed as part of a sentence: Jail or Prison Time: In cases of misdemeanor battery, the defendant may face up to one year in jail, but this is uncommon. We usually do not see additional custody time in a sentencing, unless there are aggravating factors, such as prior […]
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