In November, the Supreme Court of Georgia issued a ruling which marks a major victory for the United States and Georgia Constitutions, as well as folks charged with driving under the influence. In Ammons v. State, the Court held that suspects have the right to refuse an officer’s request to perform a preliminary breath test […]
If you are charged with a crime in Fulton County and believe you acted in self-defense, you are entitled to an immunity hearing. We will need to file an immunity motion and request a hearing in Fulton County Superior Court. O.C.G.A. 16-3-24.2 gives you this right to an immunity hearing. At this hearing, a judge […]
If you are entering a plea to a DUI in Bartow County, under Georgia law, there are certain penalties which the Court must impose when you enter your guilty plea. According to Georgia Law, O.C.G.A. 40-6-391, if you plead guilty to DUI, the Court must: Assess a fine of not less than $300 (but […]
DUI and Reckless Driving charges are considered misdemeanors in Georgia. However, if you were arrested for DUI or Reckless Driving and there was an accident with serious injuries involved, it is likely you will be arrested for the felony offense of Serious Injury by Vehicle under O.C.G.A. § 40-6-394. A Serious Injury by Vehicle case in DeKalb County will […]
By: Attorney Erin Dohnalek On April 25th, 2022, Governor Kemp signed legislation to further public safety efforts in the State of Georgia. One of the bills that he signed, which was passed in the House, as well as the Senate, will enhance or increase penalties and sentencing for individuals charged with fleeing or attempting to […]
The statute of limitations means how long the State has to bring charges against an individual after a crime has been committed (not how long the state has to actually try the case). In Georgia, there are several categories of crimes that determine the length of the statute of limitations: Murder- none Other felonies punishable […]
Enticing a child for indecent purposes is a serious crime in Fulton County. It is imperative that you retain a qualified attorney immediately if you are being accused of Enticing a child for an indecent act. Many allegations of enticing a child are false. Even if you know the allegation of enticing a child against […]
Statutory Rape in Cobb County is a serious crime in Georgia. O.C.G.A. § 16-6-3 defines Statutory Rape as engaging in sexual intercourse with any person under the age of 16 years old who is not your spouse. Statutory Rape requires corroboration and cannot stand solely on the unsupported testimony of the victim. In Georgia, it […]
If you are charged with child molestation, cruelty to children, or any crime, in Georgia, where a child is the alleged victim, the State will fie a Motion to Admit Child Hearsay testimony. This is pursuant to O.C.G.A. 24-8-820. This status is the Georgia Child Hearsay Statute. O.C.G.A. 24-8-820 reads as follows: (a) A statement […]
By: Attorney Erin Dohnalek On April 25th, 2022, Governor Kemp signed legislation to further public safety efforts in the State of Georgia. One of the bills that he signed, which was passed in the House, as well as the Senate, will enhance or increase penalties and sentencing for individuals charged with fleeing or attempting to […]
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