An “initial appearance” is an accused’s first face-to-face encounter with a judge after arrest. The purpose of an initial appearance is to inform the accused of the nature of the charges and advise him/her of their basic rights. The initial appearance may also serve as a probable cause hearing if the person was arrested without […]
This blog article serves to answer one simple question: what are the prerequisites for a voluntary guilty plea? A judge shall not accept a plea of guilty without first determining the plea was entered voluntarily. Uniform Rules of Superior Court 33.7; Williams v. State, 221 Ga. App. 291 (1996). To establish voluntariness, judges […]
A shoplifting conviction is no small matter. It will negatively impact your ability to gain employment, apply for housing, and it will permanently remain on your criminal record. It is critical you contact an experienced attorney to investigate the facts, prepare legal challenges and defenses, and mitigate possible punishment. Our firm routinely handles shoplifting cases […]
What is Restitution? Simply put, restitution is money paid by an offender to compensate a victim for harm caused by the offender’s unlawful acts. Restitution is a primary concern of the criminal justice system. O.C.G.A. § 17-14-1. Restitution includes all damages recoverable in a civil action except punitive damages and damages for pain and suffering, […]
Georgia law provides for the most serious violent offenses known as the “Seven Deadly Sins.” These are the most heinous crimes in our society and, as such, have specialized punishment including mandatory minimum punishment and limited eligibility for parole. This article will list the serious violent felonies as proscribed by law and detail the punishment […]
Defendants held in custody without bond are entitled to a preliminary hearing under Georgia law. Preliminary hearings are a vital pre-trial proceeding where the defendant has an opportunity to be released from custody if the State cannot prove the existence of probable cause for the charges against the defendant. This adversarial proceeding affords the defendant […]
A conviction for Family Violence Battery in Georgia can have consequences that go far beyond a conviction for other misdemeanors. For some clients, this is their first interaction with law enforcement and their concerns include: jail time, a permanent mark on their criminal history , and the possibility of trial. All of these concerns are […]
By Mary Agramonte 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, O.C.G.A. §16-9-90 et. seq. The Act establishes four criminal offenses, all felonies, for violations of the Act: Computer Theft, Computer Trespass, Computer Invasion of […]
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 […]
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