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RECIDIVIST STATUTE IN GEORGIA

By: Attorney Erin Dohnalek In Georgia, repeat offenders are punished more severely, regardless of the nature of the crime charged. The theory behind it is to ensure that the prosecution deters people from continuing to commit crimes, which has caused the Georgia legislature to implement the Recidivist statute. RECIDIVIST PROVISION The Recidivist statute is set […]

Civil Asset Forfeiture- Coweta Drug Cases

Civil asset forfeiture allows the government to confiscate property that they deem as having been used in criminal activity. Civil asset forfeiture does not require a conviction or criminal charges being taken out. In Georgia, civil asset forfeiture is a legal process, and it allows the government to seize your property that they claim is […]

What to expect during a DUI stop in Chamblee, GA

By: Attorney Alex Henson If you are suspected of driving under the influence of alcohol in Chamblee, GA you might be pulled over and investigated by police. What can you expect during a DUI stop? First, the officer might ask you if you’ve had anything to drink. You have the right to remain silent and […]

What is an arraignment and what happens after?

If you have been charged with a crime in Georgia, you will likely receive a court date in the mail, informing you that your case has been scheduled for an arraignment. An arraignment is an opportunity to have your charges read aloud in open Court, and for you to enter a plea of guilty, not […]

DUI IN LOVEJOY MUNICIPAL COURT

By: Erin Dohnalek After an accused has been arrested for a DUI, if one of the following occurred, an accused MUST send the 30-day appeal letter to attempt to save his/her driver’s license: After the accused has been arrested, an officer on scene from the Lovejoy Police Department read him/her the correct “Implied Consent” notice […]

Georgia Immunity Motions in Domestic Violence Cases

If a person is charged in the State of Georgia with Domestic Violence, that person has the right to claim self-defense. Not only can the person claim self-defense at trial, but the person also has the right to file what is called an immunity motion under O.C.G.A. § 16-3-24.2. This is a legal motion made […]

What to expect during a DUI stop in Marietta, GA

By: Attorney Alex Henson If you are suspected of driving under the influence of alcohol in Marietta, GA you might be pulled over and investigated by police. What can you expect during a DUI stop? First, the officer might ask you if you’ve had anything to drink. You have the right to remain silent and […]

Rape in Gwinnett County

Rape is a serious crime in Gwinnett County. O.C.G.A. § 16-6-1 defines rape as follows: A person commits the offense of rape when he has carnal knowledge of: A female forcibly and against her will or: A female who is less than ten years of age. If you are charged with rape in Gwinnett County, […]

Municipal Court of Atlanta – Atlanta Move Over Attorney

Georgia’s “move over” law is designed to keep officers, emergency workers, and first responders safer when they are stopped on the side of the road with their emergency lights flashing. It was passed in 2003 to reduce the number of police officer and HERO fatalities that were occurring due to traffic crash responses. The law […]