An “interference with custody” criminal charge in Georgia usually arises in the context of a family law dispute where one parent retains custody of a child longer than they are allowed to under a custody agreement. The purpose of statute criminalizing interference with custody is to protect custody interests of child’s lawful custodian from interference […]
You are driving down the highway and the blue lights come on behind you. You pull over and the officer says to step out of the car so he can search your car and the bag you have in the backseat. What are your rights? What is the law relating to a search of your […]
Arrests for possession of marijuana are very common in Georgia. If an individual possesses less than one ounce of marijuana, they likely will be charged with a misdemeanor. However, if they are found to have possessed more than one ounce of marijuana, the offense will generally be classified as a felony. A conviction of possession […]
We deal with a number of cases involving a husband and wife or couple charged with aggravated assault after an argument. Police know that in responding to a call involving domestic violence all they need to do is to ask the correct questions and a minor scuffle turns into a felony charge of aggravated assault […]
Smyrna, Georgia is home to the Smyrna Municipal Court where Solicitor Tim Williams prosecutors DUI, traffic, and marijuana cases made by the Smyrna Police Department. Judge Phyllis Gingrey Collins presides over the Smyrna Municipal Court which is located at 2800 King St SE, Smyrna, GA 30080. One of the most common cases we see […]
In Georgia a person will be convicted of felony murder in this State “when, in the commission of a felony, he causes the death of another human being irrespective of malice.” In determining whether a felony meets that definition, the Court will tell the jury to consider the circumstances under which the felony was committed. Further, […]
The Fifth Amendment right against self-incrimination is a freedom essential to our Constitution. It protects a suspect’s right from being compelled to give statements or testimony that could in fact incriminate them. This triggers Miranda v. Arizona, which is a case from the Supreme Court of the United States that requires police officers, during a […]
Disorderly conduct is an offense that occurs very frequently in today’s climate, especially during this past summer where protests over racial injustice and police brutality in Atlanta filled the streets. Even with the frequency of this charge, a conviction for disorderly conduct can have grave consequences. For some clients, this is their first interaction with […]
We tend to think a criminal case begins when a police officer arrests a person. Although a person is arrested for a criminal offense, a formal charging document must be drafted and filed by the prosecutor if the charges are to be formally prosecuted. There are two types of formal charging documents in Georgia, accusations […]
Perjury is a serious offense that causes immeasurable harm to the functioning and integrity of our legal system and to private individuals. As such, a conviction of perjury can have serious consequences on the accused. This article aims to explore the nature of perjury, possible punishment, and available defenses. The Offense O.C.G.A. § 16-10-70 provides, […]
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