There are several ways the State can charge you with marijuana offenses in Georgia: Possession of Less Than an Ounce– If you are arrested with less than an ounce of marijuana, you will be charged with a misdemeanor. The penalty includes up to a $1,000 fine and up to 12 months in jail. Possession of […]
Obstruction of a law enforcement officer can be either a misdemeanor or a felony depending on the facts of the case. The Statute governing Obstruction of a Law Enforcement Officer can be found at O.C.G.A. 16-10-24. If the case is prosecuted as a misdemeanor, the Douglas County Solicitor’s Office will prosecute the case, whereby if […]
Conditional Discharge or Drug First Offender is a once in a lifetime opportunity that allows someone who has been charged for the first time with possessing drugs or a non-violent property crime related to drug or alcohol addiction to resolve their case without a felony conviction. The resolution will typically involve probation and some sort […]
If you have been charged with a felony offense (with some exceptions) and have never pleaded guilty to or been convicted of a felony, you may be eligible for First Offender treatment under OCGA § 42-8-60. Charges that are considered serious violent felonies, e.g. murder, armed robbery, kidnapping, etc and sexual offenses are not eligible […]
By: Attorney Erin Dohnalek In Georgia, aggravated stalking is charged as a felony. It is set out in O.C.G.A. § 16-5-91. This statute states that an individual commits aggravated stalking when: He/she violates a “no contact” or “stay away” provision of their bond; He/she violates a temporary restraining order, temporary protective order, permanent protective order, […]
If you are under 21 and have been charged with DUI, it is important to note that there are big differences between defending a DUI when someone is over 21 and a DUI where you were under 21. The biggest difference between them is the acceptable blood alcohol content for young drivers. While the legal […]
It is not uncommon in criminal cases for the state to attempt to introduce evidence of other bad things defendants have done. The Georgia Rules of Evidence are very clear that this evidence can not be admitted for propensity purposes. That means the state can’t introduce bad character evidence just to try to make the […]
The Clayton County District Attorney’s office is cracking down on gangs in Clayton County. If you are charged with being in a criminal street gang, do not make any statements to the police. You have a Constitutional right to remain silent. If you are arrested for being in a criminal street gang, then you will […]
Aggravated Child Molestation is a serious crime in the State of Georgia. In fact, it is the worst crime that one can be accused of committing. It is imperative that you retain a qualified attorney immediately if you are being accused of aggravated child molestation in Fulton County. Many allegations of aggravated child molestation are […]
With Georgia gang prosecutions on the rise thanks to the Georgia Street Gang Terrorism Act, it is important to know what the government classifies as a gang. The definition for what Georgia considers a gang is found in O.C.G.A. § 16-5-3 (3) and reads: “”Criminal street gang” means any organization, association, or group of three […]
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