I had a misdemeanor amount of weed (less than one ounce) but I am being charged with a felony, what gives? The Offense Pursuant to O.C.G.A. §16-13-30(j)(1), “it is unlawful for any person to manufacture, deliver, distribute, dispense, administer, sell, or possess with intent to distribute marijuana.” Even though the police and prosecutor may not […]
In response to a growing number of computer-related crimes in both the government and private sectors, the State of Georgia enacted the Georgia Computer Systems Protection Act (Act), O.C.G.A. §16-9-90 et. seq. The Act establishes four criminal offenses, all major felonies, for violations of the Act: Computer Theft, Computer Trespass, Computer Invasion of Privacy, and […]
In our criminal justice system “homicide” is a broad umbrella term which encompasses different types of specific crimes. Homicide is generally defined as the killing of another person without justification or defense. This blog article aims to explore the different types of homicides under Georgia law. Murder O.C.G.A. § 16-5-1 sets out the […]
The State of Georgia has a legitimate interest in protecting the public and preventing disturbances of the peace. As a result, the Georgia legislature has enacted several criminal statutes to protect its citizenry. The criminal offenses include inciting a riot and unlawful assembly. This article serves to explore the differences between these offenses and possible […]
Georgia and Federal law provide for the “scheduling” of different controlled substances. Controlled substances are divided into different categories based on potential for abuse and medicinal use, if any. Violating state or federal controlled substances laws can result in misdemeanor or felony punishment depending on the type of substance and quantity involved. Schedule I: These […]
Animals and pets are held close to our hearts in America. The idea of them being abused is upsetting. As a result, the Georgia legislature set out certain laws protecting animals. Definition of “Animal” The definition of “animal” shall not include any fish nor shall such term include any pest that might be exterminated or […]
In assessing Fourth Amendment issues in a given case, lawyers should be cognizant of the three tiers of police-citizen encounters. These different levels of police encounters are meant to balance a person’s reasonable expectation of privacy against society’s legitimate interest in enforcing criminal laws. These tiers are designed to establish when, where, and how police […]
Generally, possession of a personal amount of marijuana is considered a misdemeanor, pursuant to O.C.G.A. § 16-13-2(b). However, possession of other forms of THC, such as oil, resin, or wax, which are extracted from the plant, can be charged as a Schedule I felony in accordance with the Georgia Controlled Substances Act. THE OFFENSE […]
If you or a loved one is arrested for child molestation in Macon, Georgia (Bibb County), it is important that you act immediately to protect yourself. Do not wait until your court date to get an attorney and to preserve evidence. The Bibb County District Attorney is the Honorable Anita Howard. Her office has a […]
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 […]
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