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Theft by Deception in Gwinnett County

Theft by deception is a charge that is defined in O.C.G.A. 16-8-3. Theft by deception occurs when a person “obtains property by any deceitful means or artful practice with the intention of depriving the owner of the property”. The statute goes on to explain that a person deceives if he intentionally: Creates or confirms another’s […]

License Consequences for DUI Convictions in the Municipal Court of Smyrna

By: Attorney Erin Dohnalek In Georgia, an individual may be charged with DUI under the following circumstances: If he/she was in actual physical control of a moving vehicle while he/she was under the influence of alcohol to an extent that it was less safe for them to drive. If he/she was in actual physical control […]

Theft by Receiving Stolen Property in Fulton County

A person commits the offense of theft by receiving stolen property when s/he receives, disposes of, or retains stolen property which s/he knows or should have known was stolen unless the property is received, disposed of, or retained with the intent to restore it to the owner. “Receiving” means acquiring possession or control or lending […]

What Does It Mean If I Have Been Charged With “DUI Less Safe”?

It is commonly known that driving with a BAC above 0.08 is considered driving under the influence in Georgia. But, the police may still charge you with DUI if your BAC is below 0.08 if they feel that you are less safe to drive than you would have been if you had not consumed alcohol. […]

Henry County Sexual Battery Attorney

Georgia law makes it illegal to intentionally make physical contact with the intimate parts of the body of another without their consent under O.C.G.A. 16-6-22.1(b). It defines intimate parts as the genital area, but also inner thighs, buttocks, and breasts of a female.  Skin to skin contact is not required, and physical contact through clothing […]

Child Molestation in Fulton County

Child Molestation is a serious crime in the State of Georgia. If you are arrested in Fulton County or the City of Atlanta for child molestation, please do not make any statements to the police. It is imperative that you retain a qualified attorney immediately if you are being accused of child molestation. The Fulton […]

Pre-trial Diversion: What Is It?

Pre-trial diversion programs aim to provide individuals with an opportunity to address underlying issues that may have contributed to their involvement in a certain crime. It’s essentially an alternative pathway that allows for charges to be dismissed upon the completion of the program.   Eligibility: Not everyone is eligible. Pre-trial diversion programs are reserved for […]

HGN: A scientifically reliable indicator?

Horizontal gaze nystagmus (HGN) is a condition where the eyes involuntarily jerk or twitch as they move laterally, typically observed when an individual’s gaze is directed to the side. During a DUI stop, an officer may conduct the HGN test by moving an object (such as a pen or finger) horizontally across the person’s field […]